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J&K: Ex defence officers and bureaucrats petition SC against Govt move on Art 370

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J&K: Ex defence officers and bureaucrats petition SC against Govt move on Art 370

A group of retried defence personnel and bureaucrats have moved the Supreme Court challenging the Presidential orders through which the special status granted to J&K was revoked and the state bifurcated into two Union territories.

This is the seventh petition filed in the Supreme Court challenging the Centre’s revocation of J&K’s special status under Article 370. Earlier, six other petitions have already been filed and are still pending before the apex court.

The petitioners include Air Vice Marshal Kapil Kak, Major Gen (Retd) Ashok Mehta, former civil servants Hindal Haidar Tyabji, Amitabha Pande, Gopal K Pillai and Radha Kumar – one of the interlocuters appointed by the Home Ministry in 2010, according to media reports.

The petition was drawn by advocates Arjun Krishnan, Kaustubh Singh and Rajalakshmi Singh and settled by Senior Advocate Prashanto Sen, said reports.

“The petitioner has stated that the erstwhile State of Jammu & Kashmir, though an integrated part of India, enjoyed a special autonomous status which was concretized in Article 370 of the Constitution of India.”, the report says.

Alleging violation of the principles of federalism, the petition says that the Union government has undermined the basic principles of democracy by its action “without ascertaining the will of the people either through its elected government or legislature or through public means such as referenda”, the report said.

Also Read: J&K: Some schools reopen – teachers come, students stay away

As per the order, Article 370 “shall cease to operate only from such date as the President may by public notification declare”. This cannot be done under the proviso to Article 370(3) unless there is a recommendation of the Constituent Assembly of the State to do so.

It pointed out that a Constituent Assembly is “completely different” from a Legislative Assembly, adding, “Even if such an interpretation that Constituent Assembly is equivalent to Legislative Assembly is possible, the reference to “legislative assembly” must necessarily be to the elected representatives of the people of the state based on adult franchise in a free and fair election.”

Questioning why the Assembly elections were not held as these changes could have been debated in the House, the petition pointed out that there is no reason this could not have been done, as J&K had just witnessed Lok Sabha elections, as also panchayat and civic elections earlier.

Thus, according to the petitioners, the method of altering Article 370 by purporting to apply Article 367 with modifications to the State of Jammu and Kashmir is nothing but a fraud on the Constitution.

The petitioners have therefore sought the quashing of the Presidential order as well as the Jammu and Kashmir (Reorganisation) Act, 2019.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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