- J&K Delimitation Commission proposals notified in Govt Gazette in terms of Sec-60(5) of Act34 of 2019
- Exercise for Delimitation of Constituencies of 1st Legislative Assembly of UT of J&K still LIVE
- DC holds a pious & high level responsibility as its order can’t be challenged in any Court
- People still hope that wrongs of 1st Legislative Assembly of J&K State will not be repeated in UT of J&K
DAYA SAGAR
Like the unfair the earlier and the only order by a delimitation commission for J&K LA as was passed in 1995 the draft proposals of the present delimitation commission (though some efforts appear to have been made for applying corrections) too do not pass the test for the reasons / historical facts like (A)The 1951delimitation of the segments of J&K Constituent Assembly had been done on adhoc basis (over the areas of J&K excluding the areas occupied by Pakistan in 1947-48) taking population as the only factor( 40000 souls / seat) with census -1941( 4051158 for whole princely State of J&K ) as reference. The population for the leftover districts of Anantnag and Baramulla in Kashmir valley was wrongly assumed as large as 17,20,000 when population including Muzaffrabad District was just 17,28,686inwhere as for left the then Poonch Jagir, Chenani Jagir Jammu district, Kathua District, Reasi district, Udhampur district so erroneously for reference was assumed as only 12,00,000 when population including Mirpur District (was 20.10,557) there by distributing 43 seats in Kashmir valley and just 30 seats in areas that now form part of Jammu Region. The Constitution of J&K was finalised in 1957 by the Constituent Assembly and taking the real notice of the extent and needs of different areas of the then J&K State the Constituent Assembly inspite having more members from Kashmir Valley (43 members) under Section-50 constitutionally kept on regional basis more (14) elected seats in the Legislative Council (MLCs) for areas outside Kashmir valley as in Jammu region (that had lesser (30) members in Constituent Assembly) and just 12 elected MLCs for Kashmir Valley. Whereas for the Legislative Assembly the seats were kept on total basis to be adjusted for the extent /and boundaries every 10 years. In 1957 J&K Representation of Peoples Act 1957, Act No. IV of 1957 was enacted laying down very clearly the guidelines / parameters {Section- 4, Sub Section -2, Clause a(i) : Population , a (ii ) : Geographical Compactness, a ( iii) :Nature of Terrain ,a ( iv) : Facilities of Communication, a ( v): And like considerations } for delimitation of the extent & boundaries of constituencies of Legislative Assembly The spirit underlying the Section-4 of RPA 1957 was surely to provide a representative of nearness both in time distance in the legislative assembly to the people represented by keeping focus on the distant/ backward areas & people. It was expected that with J&K Representation of Peoples Act 1957 in place the distribution of constituencies of Legislative Assembly shall be done fairly and like elected MLCs in Legislative Council the MLAs in Legislative Assembly shall also be kept more for Jammu region but instead the governments that followed carried shadows of distribution as was in the erstwhile Constituent Assembly.
(B) The Jammu Region after 1947 till 1978 comprised of 6 districts (Poonch, Rajouri, Jammu, Kathua, Udhampur, Doda) and Kashmir valley of only 3 districts ( Anantnag , Srinagar, Baramulla).
With the awareness about wrong distribution MLAs growing the Government that followed in their attempt to cover the wrong distribution of MLA seats over areas of J&K and to create illusions increased the districts from 3 to 10 in Kashmir valley and also from 6 to only 10 in Jammu region by 2006.
(C)So far there has been only one order of a regular Delimitation Commission ( started work in 1981) passed in April 1995 toodid not draw the extents/ boundaries in line with parameters as laid in J&K RPA 1957 to give representative of nearness in time and distance to people instead distributed 46 elected MLAs over areas that had constitutionally just 12 elected MLCs and only 37 MLAs over areas that had more ( 14 ) MLCs as per Section -50.
(D) It has been due to there being no due representation in numbers to areas outside Kashmir Valley that in the Legislative Assembly of erstwhile state of J&K ( and hence in the Government too ) that these areas lacked good road connectivity, had nearly nil for commercial exploitation of the great tourism potential ( summer/ winter/ adventure/health/ ) that existed there , no noticeable promotion of Agriculture/ Horticulture/ not even pulses like Rajmas as well as share in superior government services for the people of areas lie in the districts of Kishtwar, Doda, Reasi, Kathua, Rajouri, Poonch ,Ramban, Udhampur, Samba.
(E).Almost all the 1947 times -displaced families from POJK areas had arrived in the areas outside Kashmir valley and they have been found still struggling for their basic demands for adequate socio- economic support but very less has been spoken for them in the Legislature , one should ask why ? No doubt it has been for technical reasons that they have not been given claims for the properties left behind, bur much more was required to be done for them since they have been waiting for their ‘hearths’ ; now for 7 decades..
So it is worthwhile to agree that the task for Delimitation , particularly as regards deciding the extents/ boundaries of the individual constituencies ( single member segments – MLA ) of the first Legislative Assembly of UT of J&K is of special significance in comparison to any other delimitation exercise that might have been done before March 2020 in Independent India after the related codes / parameters were laid down for deciding the individual segments in a Legislative Assembly through the Acts of Parliament / Legislative Assembly of erstwhile state of J&K as per Constitution of India / J&K Constitution particularly for the historical reasons as briefed here in before. But for territories that are now included in UT of J&K had 83 MLAs in the LA of J&K State Jammu and Kashmir Reorganisation Act of 2019, Act no 34 has laid down that these areas now in UT will be divided into 90 constituencies keeping in view almost the similar parameters for delimitation but the proposals of present Delimitation Commission too have lesser MLAs for areas outs side Kashmir valley. Hence is the need for suggesting and requesting the Delimitation Commission to reconsider the proposals for an intimate and meaningful review.
To be continued
(The author is Sr Journalist &
leading scribe J&K affairs dayasagr45@yahoo.com).