Chief election commissioner Sunil Arora clarified on Friday that it was up to the Centre to start the delimitation process for the new Union Territory of Jammu and Kashmir, and that the poll panel had only offered its legal expertise in the matter.

Responding to a question at a press conference here, Chief Election Commissioner Sunil Arora said that under the Jammu and Kashmir Reorganisation Act, the Delimitation Commission is to set up by the Ministry of Home Affairs (MHA).

“Depending on who heads the Delimitation Commission, an appropriate representative of appropriate seniority will be given by the Election Commission,” Arora said.

No Assembly election can be held in Jammu and Kashmir without a delimitation since the Jammu and Kashmir Reorganisation Act of August, which created the new Union Territory, also increased the number of its Assembly constituencies.

The act, which came into force on October 31, divides the erstwhile Jammu and Kashmir state into the Union Territory of Jammu and Kashmir and that of Ladakh, while allowing an Assembly only to Jammu and Kashmir.

On Friday, Arora clarified, “Under the Jammu and Kashmir Reorganisation Act of 2019, the delimitation commission is to be constituted under this section (62) only, by them (the Centre)…. Whether the notifications (are) issued by MHA (ministry of home affairs) or the ministry of law — that they will decide between themselves.

“But they initially requested help…. The secretary, law and justice, had (held) one or two meetings. They wanted some legal help from us; we sent our officers. And the moment we hear further from them, depending on who heads the (delimitation) commission, an appropriate representative of appropriate seniority shall be given by (the) ECI.”

Sub-section 60(5)(c) says that after the commission notifies the order or orders for delimitation, they “shall have the full force of law and shall not be called in question in any court”.

However, Section 63 appears to suggest that a delimitation exercise cannot be held anytime soon.

It says: “Notwithstanding anything contained in Sections 59 to 61, until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust the division of successor Union Territory of Jammu and Kashmir into Assembly and parliamentary constituencies….”