- DC holds a pious & high level responsibility a sits order can’t be challenged in any Court
- Delimitation Commission proposals notified in Govt Gazette in terms of Sec-92(5) of Act 34 of 2019
DAYA SAGAR
The Delimitation Commission for UT of J&K (DC) has under public notice No.282/J&K/2022 (Vol.II) Dated : 14th March 2022 23, Phalguna, 1943 (Saka) invited objections and suggestions in relation to its proposals for the delimitation of Parliamentary and Assembly Constituencies in the UT of Jammu & Kashmir for the purpose of elections to the House of People and the Legislative Assembly for the Union Territory as have been published in the Gazette of India, Extraordinary and in the Union Territory of Jammu & Kashmir Gazette, both dated 14th March, 2022 so as to reach the Secretary, Delimitation Commission ( Ashoka Hotel, 50-B, Niti Marg, Chankyapuri, New Delhi-110021)on or before 1700 hrs on 21st March, 2022 Monday).Commission has given only 7 days time for filing objections and making suggestions. To be brief the Order – 1 Refers to have determined the number of constituencies for House of People ( Lok Sabha ) from UT of J&K& the number of constituencies for the Legislative Assembly of UT ( although these numbers have already been laid down the Reorganisation of J&K Act No 34 of 2019 as 5 & 90 respectively) and determined the number of constituencies to be reserved for SC & ST as 7 & 9 respectively in proportion to the population as laid in the Act 34 taking reference to Census-2011 data. There is no scope for any objections and suggestions as regards the numbers contained herein.
As regards deciding the extents and limits of constituencies , particularly that of Legislative Assembly of UT of J&K , there is scope for making observations.
India, that is Bharat, a Democratic Republic, has adopted Parliamentary System of Governance ( LOK Sabha /House of People and Rajay Sabha / Upper House). States too have a Legislature with a Legislative Assembly ( constituted through direct election) and of states of A.P, Bihar, Karnataka, Maharashtra, UP, Telangana (and ofcourse erstwhile J&K also) also have a Legislative Council ( constituted through indirect election). Chief Minister of State/ UT is power head of the Government and who has to be a member of Legislature from the political party/ group that has majority in the Legislative Assembly (ministers appointed with the choice of Chief Minister too have to be members of legislature ).Governor/ LG is just a nominal head of State who has to go with the advice of the council of Ministers. So the preferences on plans / decisions regarding administrative, economic, developmental and like needs/ requirements of the people/ a region/ segment do directly or indirectly get influenced with the level of representation of people of class/ segment/ region in the Legislative Assembly.
Since there has not been fairly due representation in numbers to the distant/ backward/ bad terrain area people in the Legislative Assembly of erstwhile state of J&K ( and hence in the Government too ) right since 1957 these areas/ people had not received due attention for good road connectivity, for commercial exploitation of the great tourism potential ( summer/ winter/ adventure/health/ that existed there ,for promotion of Agriculture/ Horticulture/ not even pulses like Rajmas & did not get due share in superior government services and most of the areas lie in the districts of Kishtwar, Doda, Reasi , Kathua, Rajouri, Poonch ,Ramban, Udhampur, Samba and to some extent Bandipora/ Baramulla.
So, the marking of the individual Constituencies of a Legislative Assembly for direct election of MLA segments ( single member segments) of a Legislative Assembly is of great significance for the people in a state which too was very well the spirit underlying Section-4 of J&K Representation of the People Act 1957 that laid the parameters for a delimitation commission to work with for deciding the extent of the boundaries of the constituencies for the legislative Assembly of a the J&K State ; and now similar parameters have been laid down for deciding the extent of the boundaries of the constituencies for the legislative Assembly of a the UT of J&K vide Sub Section(2) of Section-60 of Jammu and Kashmir Reorganisation Act of 2019, Act no 34 ( In determining the matters referred to in clauses (b) and (c) of sub-section (1), the Election Commission shall have regard to the following provisions, namely:- (a) all the constituencies shall be single-member constituencies; (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). So first need is to look into the Delimitation Commission proposals as regards Legislative Assembly.
The Notification in “Proposals” refer to the territorial constituencies into which the UT of J&K shall be divided for the purposes of elections to the Legislative Assembly of UT ( Table-A) and particular constituencies that are to be reserved for ST and SC. As regards the extent ( boundaries ) of the individual constituencies of Legislative Assembly are concerned there appears enough scope for filing suggestions and objections before the Delimitation Commission keeping in view that the Commission in its proposed order is deciding to allocate only 43 Constituencies of Legislative Assembly for the areas of UT outside Kashmir Valley and 47 Constituencies of the Legislative Assembly for areas falling in Kashmir Valley which does not ‘technically’ fit with the in parameters constitutionally laid down for delimitation of constituencies of a legislative assembly since 4 out of 5 of the parameters other than population ( 2011 census) favour the distant/bad/ backward area people most of which are outside Kashmir valley which surely qualify for atleast 4 more MLAs in terms constitutionally laid down parameters on the overall basis even on the basis of 2011 census for rightful voice in the Legislative Assembly / Government.
To be continued
(The author is Sr Journalist &
leading scribe J&K affairs dayasagr45@yahoo.com).