Leads from Section-50 of J&K Constitution & status of Districts prior to 1979 can make task ‘Easy’
Daya Sagar
Delimitation Commission (DC) for UT of J&K can take leads from the Geo- Adm.’order’ of Princely State of J&K and the way Constituent Assembly of J&K 1951 (CA) treated the areas outside Kashmir Valley for their representation in the J&K Legislature. Before 1947 Kashmir Valley comprised of only 3 districts (Anantnag, Baramulla, Muzaffrabad) , Jammu province comprised of 5 districts ( Mirpur, Jammu, Kathua, Udhampur,Reasi ) plus 2 Jagirs ( Poonch, Chenani)and Ladakh Region/ Wazarat ( included Gilgit/Baltistan).Pakistan in 1947/48 occupied Mirpur District, part of Poonch, Muzaffrabad district, Gilgit/ Balti. Unoccupied areas before 1978 existed as districts of Jammu, Kathua, Udhampur, Doda, Poonch, Rajouri, Anantnag, Srinagar, Baramulla , Leh/ Ladakh.
The CA of J&K distributed the elected seats in the Legislative Council of J&K in Section-50 of J&K Constitution on regional basis (i) for areas in Kashmir Valley -12 MLCs (ii) Areas of Ladakh Region-2 (iii) Areas of Jammu Province / Jammu region -14 MLCs. But as regards the Legislative Assembly though the total number of seats was nominated but their location/ adjustment of boundaries over the areas of J&K (as per the requirements of times that would be there)was left to be done by the DC to be appointed for the purpose .for which later in 1957 J&K Representation of the Peoples Act , Act no (IV) of 1957 (JKRPA 1957) was also enacted mentioning parameters for delimiting constituencies and determining number of seats to be reserved for Schedule Caste &naming the particular reserved seats keeping in view the population status as per Census yr named for the purpose.
It is worth taking a particular note by the present DC that although in the CA where the members were drawn in 1951 on adhoc basis/ in arbitrary manner from different areas of J&K still the ( CA) so truthfully taking logistic count of ground realities / needs of the distant and backward people & areas of J&K state constitutionally laid down 12 Elected MLCs for areas ( Kashmir Valley ) from where 43 members were sitting in CA and 14 elected MLCs for the areas from where ( Jammu province / region) only 30 members were sitting in CA. But so strangely after defined parameters for delimitation of segments of Legislative Assembly under J&K RPA1957 what to talk of the adhoc delimitation exercises done by committees earlier even the regular Delimitation Commission that worked from 1981to1995 totally negated the parameters as laid down in the J&K RPA 1957( Geographical Compactness/area, nature of terrain, facilities of communication , population and like consideration ) as well as the fact that the areas outside Kashmir valley had constitutionally more MLCs than Kashmir valley in 1995 distributed 46 seats in Kashmir valley that had only 12 elected MLCs and just 37 seats out 87 over areas outside Kashmir Valley (excluding Ladkah region) that had 14 elected MLCs where as by even Legislative Council indicator areas outside Kashmir Valley would have got around 44-45 MLAs.
In others words looking at the principle underlying providing a representative of Nearness in the Legislative assembly as it reflects from the nature of guiding para meters laid down in JKRPA of 1957 it would be worthwhile for present DC to have a real picture of the district administrative units that were there before the irrational reorganisations were ordered in 1979 and 2006 i.e 1978 when Kashmir Valley areas (15948 sq km plus) had only 3 districts (Anantnag, Srinagar, Baramulla) and areas ( 26293 sq,km plus) outside valley ( other than Ladakh region ) had 6 districts ( Jammu, Kathua, Udhampur, Doda, Rajouri, Poonch) as otherwise this day the 3 districts of valley have been split into 10 districts and that 6 districts of Jammu region too have been split into 10 ten which would give an illusive picture on that count.
Now since the present Delimitation Commission has to distribute 90 seats of Legislative Assembly of UT of J&K and the guiding parameters ( Act No. 34 of 2019 Sections – 59, Sub- Section-2 of Section-60-2 (b) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public; ) are also somewhat similar people of UT of J&K ( particularly those located in distant &backward areas ) are very hopefully hoping that all the wrongs of the past will be corrected and fair distribution of 90 MLAs of Legislative Assembly of UT of J&K will be done in due regardto the guiding parameters as laid down and that would also test to the indicators like the number of elected MLCs in the Legislative Council of erstwhile state of J&K , the district administrative units as were there in 1978, the data on the motorable surface road transport viz. length of roads and percentage of area connected by motorable roads , the nature of terrain etc.
Of the job of correcting the wrongs may appear tough to some but the DC is constitutionally equipped for going unchallenged to any extent.
(Daya Sagar is a Sr Journalist & a known analyst of J&K Affairs dayasagr45@yahoo.com)