24 Dec The Jammu and kashmir Delimitation and Political hue and cry (GS 2, Indian Polity, The Hindu, Indian Express)
The Jammu and kashmir Delimitation and Political hue and cry- Today Current Affairs
The Delimitation Commission for J&K has proposed seven additional assembly seats for Jammu and Kashmir, one in Kashmir valley and six in Jammu division. In addition to this the commission has also proposed nine seats reserved for STs and seven seats reserved for SC community on the basis of proportion of their population.
After the proposed addition of seven seats, the total Assembly constituencies in Jammu and Kashmir will be raised to 90 from 83 earlier. The number of seats in Jammu has gone up from 37 to 43 and in Kashmir Valley from 46 to 47.
The commission has also proposed an additional 24 seats to be reserved for Pakistan occupied Kashmir (PoK). The Hindu Analysis.
As per the sources, districts of Rajouri, Kathua, Samba, Doda, Reasi, and Kishtwar in Jammu division and Kupwara in Kashmir Valley will get one additional Assembly Constituency. The commission in a statement said that it has proposed the carving to balance the representation for geographical areas with inadequate communication and lack of public convenience because of their excessive remoteness or inhospitable conditions on the International border.
The Delimitation Commission is chaired by justice (retired) Ranjana Prakash Desai with Chief Election Commissioner Sushil Chandra and Jammu and Kashmir Election Commissioner K K Sharma as two ex-officio members in the panel. Three MPs of National Conference and two MPs of Bharatiya Janata Party are associate members in the panel. The National Conference members are of the view that the delimitation exercise was being done under Jammu and Kashmir Reorganisation Act which in itself is sub judice in Supreme Court and it is not based on the 2011 Census.
Political parties of the state have criticised the proposal saying it tilted things in the favour of Jammu. While no seats are proposed in Jammu district, seats are reserved for the first time for STs comprising the Gujjar and Bakarwal communities in Pir Panjal and Chenab valley regions, which may give a boost to the BJP in the states as per the political observers. The Hindu Analysis.
The provision in the Delimitation Acts from from 1952 onwards says that other than Population, factors like Physical Features, Communication Facilities, Boundaries of Administrative Units and Public Convenience Should be taken into consideration while drawing the constituencies boundaries.
Section 9 (1) (a) of the Delimitation Act, 2002, read with Section 60 (2) (b) of the Jammu and Kashmir Reorganisation Act, 2019, specified that all “constituencies shall, as far as practicable, be geographically compact areas, and regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience”.
Generally delimitation is conducted on the basis of population. However if there are issues that can impede the smooth conduct of elections, they should be addressed.
There could be a constituency split by a hill or river, or if there is a need to correct the wrong delimitation done in the past.
What is Delimitation: The Hindu Analysis
Delimitation is the process of redrawing the limits of a constituency. Article 81 of the Indian Constitution says that seats in the Lok Sabha should be allocated among the different states in such a manner that, “the ratio between that number and the population of the state is, so far as practicable, the same for all States”. The Indian Constitution also said that constituencies in each state should be divided “in such a manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the state”. Because the population of any state or country is changing constantly, there must be a periodic review of the population and hence the allocation of seats also must be updated. The President of India appoints the Delimitation Commission, which works in collaboration with the Election Commission of India. A Retired Supreme Court judge heads the commission with Chief Election Commissioner and Respective State Election Commissioners as its ex- officio members. The Commission is a powerful and independent body whose orders cannot be challenged in any court of law. The orders are laid before the Lok Sabha and the respective State Legislative Assemblies. However, modifications are not permitted. The J&K Delimitation Commission is an independent body headed by a retired Supreme Court judge, and included members of the Election Commission. There are five MPs from the state that are part of the commission (Associated members). The Hindu Analysis.
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