How could areas having constitutionally more MLCs be given lesser MLAs by a Delimitation Commission?
DAYA SAGAR
The ground realities do justify the scope for acceptance of demands being raised by some people of UT of J&K like that of Kathua , Rajouri district for a rational reorganisation of District Administrative units for undoing the affects of the unfair reorganisations done in 1979 (SRO 306 of 6/6/1979) by NC lead Government and in 2007 by PDP- Congress Government where under the 3 Districts in Valley as were there before 1979 had been increased to 10 where as 6 Districts Jammu Division before 1979 too had been increased to only 10. In 2007 Rajouri District was spread over 2630 sq km (Digest of statistics 2007-2008 mentions it as 2727 Sq. km ) & already had 7 Tehsils where as a new district like Shopian with one Tehsil and spread over just less than 400 sq km ( 312 sq km as per 2011 Census / Digest of statistics 2007-2008 says 313 Sq. km where as District website on 16 Jan 2024 mentioned it as 612.87 sq.km) was created without even splitting large district even like Rajouri in atleast two districts. Justification for demands coming more particularly after 2007 for carving out more districts outside Kashmir Valley could be well gauzed from some information there in Table- A .
People in the areas outside Kashmir valley are very hopefully looking for some fair reorganisation of district administrative units which could not be done even after 2007 but atleast now after new elected government holds the reins in terms of the outcome of 2024 September- October elections. It is hoped some assurances are also given by those contesting elections.
Similarly there has been very unrealistic / unfair delimitation of single member segments ( MLAs) of J&K Legislative Assembly in total defiance of the elaborate and clear guidelines laid down in the J&K Representation of the People Act 1957 { Section- 4, Sub Section -2 Clause -a ( i ): Population
Clause- a (ii ) : Geographical Compactness Clause – a ( iii) :Nature of terrain Clause – a ( iv) : Facilities of Communication Clause – a ( v) : And the like considerations } which were surely aimed at providing a “Representative of Nearness”, particularly to the distantly placed areas & the people ( more of which fell in the Jammu region ). It is worth noting here that population is only one of the 5 parameters to be considered in terms J&K Representation of People Act 1957, Act IV of 1957 while locating / relocating a MLA seat which also well reflects from the fact that as member of electoral college for electing the President of India MLAs of different states/ UTs carry different weightage since population backing a MLA are different there in different states like MLA of UP carries a weightage of 208 units and the MLA of erstwhile J&K State carried a weightage of only 72 units.
So that way in terms of J&K Representation of People Act 1957, Act IV of 1957 atleast 4 factors being more in favour of areas outside Kashmir valley the number of MLAs distributed under fair distribution by any Delimitation Commission after 1957 should have been more for areas outside Kashmir Valley where as so far the balance has remained towards Kashmir valley , why could be a question ?
To be continued…..
(The writer is Sr Journalist and social activist & analyst J&K affairs)