The story so far: The three-member J&K delimitation commission --- which was constituted on March 6, 2020 specifically for J&K by virtue of the Parliament Act under the provisions of Part V of J&K Reorganisation Act, 2019 --- has invited the commission's associate members, who are Members of Parliament (MPs) from the Union Territory (UT), for a meeting on December 20.
It is for the second time that the Commission is meeting in New Delhi to take forward the process of delimiting seven additional seats for the 83-member assembly for the Union Territory (UT). The associate members include two MPs from the Bharatiya Janata Party (BJP) and three MPs from the National Conference (NC). The Commission, which is headed by Justice (Retd) Ranjana Prakash Desai, with Sushil Chandra, election commissioner, and K.K Sharma, State Election Commissioner, J&K, as its members, held its maiden meeting on February 18 this year in New Delhi.
- The three-member J&K delimitation commission has invited the commission's associate members, who are Members of Parliament (MPs) from the Union Territory (UT), for a meeting on December 20.
- During Dr. Farooq Abdullah's tenure, the J&K Assembly passed a law and put a freeze on the fresh delimitation of seats until 2026. In spite of this, a fresh commission was set up in 2019. The regional parties in Kashmir see the commission as an attempt to tilt electoral strength towards a particular region.
- The Commission made it clear that the final report will be based on the 2011 Census.
The NC MPs stayed away from the meeting. However, the BJP MPs stressed on the need to consider other elements, besides population, like physical features, existing boundaries of administrative units, facilities of communication and public convenience while delineating new constituencies.
Why are J&K's regional parties uncomfortable?
The erstwhile State of J&K saw its last delimitation exercise in 1994-95 after a gap of 22 years. The exercise saw an increase in the number of assembly constituencies from 76 to 87 seats, with the Jammu region getting five additional seats (from 32 to 37 seats) and the Kashmir region, four seats (from 42 to 46). Prior to the reading down of Article 370 on August 5, 2019, delimitation of the J&K Assembly seats was undertaken by virtue of the J&K Constitution under the J&K Representation of the People Act, 1957, unlike the delimitation of Lok Sabha seats carried out under the Constitution of India.
During Dr. Farooq Abdullah's tenure between 1996-2001, the J&K Assembly passed a law and put a freeze on the fresh delimitation of seats until 2026, so that it can be carried out with the rest of the country. The J&K Government managed to uphold this decision even in the Supreme Court. In spite of the SC order, a fresh commission was set up in 2019. It decided to consider 2011 census figures and not 2021 figures without spelling the reason behind the move. While the BJP in the Jammu region argue that the freeze was unjust to the province, the regional parties in Kashmir see the commission as an attempt to tilt electoral strength towards a particular region.
J&K had a total of 111 seats; with 24 reserved and vacant for Pakistan occupied Kashmir (PoK), while J&K would hold elections for 87 seats, including four from Ladakh, after a six-year term, unlike the rest of the country. After the August 5 decision, the Union Territory of Ladakh seats were declared void, reducing the strength of the Assembly from 87 to 83.
What is the NC's stand?
The NC, which boycotted the first meeting, submitted a memorandum to the visiting Commission in July during its consultation exercise in J&K. Putting out its stand, the NC said, "The J&K Reorganisation Act, 2019 is palpably unconstitutional. We have challenged the Act in the Supreme Court, which is before the constitutional bench. The two pillars of the State, Executive and Legislature, must out of respect to the third pillar, judiciary, avoid implementing and exercising powers under an Act that is under scrutiny."
The NC suggested that the delimitation be carried out after, in 2026 once the relevant figures of the census were published. "Despite our basic reservations, the Commission has decided to go ahead. We request the delimitation exercise be free, fair and transparent, so that the unity and integrity of the State is safeguarded. Population has to be the only norm, as elsewhere in the country," it added.
However, the NC softened its stand and hinted at participating in the exercise after Prime Minister Narendra Modi held an all-party meeting in June in New Delhi. The softening of the stand was seen as a concession by the NC to the likely follow up by the Centre and initiation of J&K-specific measures to address the growing anger and alienation after the August 5 move. However, no such measures were rolled out till date.
What about the Commission?
Following meetings with local political parties in July this year, the Commission made it clear that the final report will be based on the 2011 Census and will also take into account the topography, means of communication and convenience available, besides granting reservation to the Scheduled Tribes (ST) and Scheduled Castes (SC). "Delimitation is not a mathematical exercise. It must reflect political aspirations of the society bound in a particular geography. So, the Commission shall take into account the constituency's practicality, geographical compatibility, topography, physical features, means of communication and convenience available," CEC Chandra said in July.
