Parliament Can Convert Existing State Into A Union Territory : Supreme Court In J&K Delimitation Case

While upholding the delimitation exercise in Jammu and Kashmir, the Supreme Court observed that the Parliament has the power to convert an existing state into a Union Territory.

A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka noted that Article 3 provides that Parliament may by law form new States and alter the areas, boundaries or names of the existing States. As per, explanation I of Article 3, a “State” includes “Union Territory”.

"Thus, Explanation I makes it amply clear that the power of Parliament under Clause (a) of Article 3, to make a law to form a new State or to alter a boundary of a State includes a power to make a law to form a new Union Territory", the judgment observed. Explanation II to Article 3 states that the power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.

On a conjoint reading of Articles 3,4 and 239A, the Court found that "Parliament by making a law can convert an existing State into one or more Union territories".

The bench was deciding a petition filed challenging the validity of Union's decision of constituting a Delimitation Commission for the Union Territory of Jammu and Kashmir under provisions of the Delimitation Act, 2002 and the exercise of delimitation undertaken by the Commission. 

In August 2019, the special status of Jammu and Kashmir under Article 370 was abrogated.On 31.10.2019, the Jammu and Kashmir Reorganisation Act, 2019, which provided for reorganisation of the State of Jammu and Kashmir by dividing it into two Union Territories came into force. A new Union Territory of Ladakh was also created.

Section 13 of the Reorganisation Act, 2019 makes Article 239A, which confers power on the Parliament to enact a law for creating a legislature for the Union Territory, applicable to the Union Territory of Jammu & Kashmir. By virtue of Section 62 of the Reorganisation Act, 2019, the Delimitation Act, 2002 was made applicable to the erstwhile State of Jammu and Kashmir.

The petitioners' case was mainly based on Article 170 (3) of the Constitution of India that freezes delimitation exercise till the first census after 2026. However, the Supreme Court held that Article 170(3) is not applicable to a Union Territory, which J&K at present is.  The said provision does not provide for any such freezing period.

The judgment has clarified that the dismissal of the petition should not be construed as giving imprimatur to the decisions taken in relation to Article 370 as the said issue is pending before a Constitution Bench.

Also Read :

While Upholding J&K Delimitation, Supreme Court Rejects Comparisons With Telangana/AP & North Eastern States

Article 170 Of Constitution Not Applicable To Legislatures Of Union Territories: Supreme Court In J&K Delimitation Case

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