PM Modi has done his job in 2019 & now it’s for DC and its Associates to deliver as per Section-60 of Act 34
DAYA SAGAR
Inspite of there having been enacted a very scientifically spirited J&K Representation of the People Act 1957 about 6 decades back, more questions were being raised about there being no due representation in numbers in J&K State Legislative Assembly given to areas falling mostly in Kishtwar, Doda, Reasi , Kathua, Rajouri, Poonch ,Ramban, Udhampur as also for the inferior status in Government & government services ( superior levels) for the people from inadequately represented areas which had resulted in continued lack of needed road connectivity/commercial exploitation of the huge tourism potential that existed outside Kashmir region and like. Unfair representation in legislature to areas outside Kashmir valley had been more due to regional considerations and no any communal considerations which could be well seen from the fact that most of the backward / discriminated areas of J&K lie outside Kashmir valley and they too have large muslim population in these ‘demanding’ areas.
Anyhow awareness was growing , and may be it was due to that, that in 2002 through 29th amendment of J&K Constitution the future delimitation exercise was in a way deferred for initiation only after the of year 2031.
Any how it was in 2019 that Prime Minister of India created the opportunity for conduct of delimitation for the Legislative Assembly of UT of J&K on the basis of 2011 census before 2031 at immediately available opportunity and that had been initiated with the appointment of delimitation commission in March 2020.After 2019 the affected areas / people have been very hopefully hoping that atleast the Delimitation Commission-2020 shall surely undo the wrongs of past. No doubt earlier unfair exercises would need major exceptional surgeries but it is hoped that the Delimitation Commission will still go for that since the task & responsibility that Commission carries is so extraordinarily pious that its orders can’t be challenged in any court even when HC/ SC order can be further appealed. But the draft Delimitation order notified on 14th March 2022 in Gazette has distributed 47 MLA constituencies in the Districts that presently lie in Kashmir Valley and only 43 MLAs over areas outside Kashmir valley out of 90. No doubt it appears that Delimitation Commission has to some extent given serious/ needed consideration to fair requirements of the areas & people of UT of J&K but still much more needs to be done to extend due representation and voice atleast in the 1stLegislature &Popular governments of UT of J&K which had been so far denied.
Like Delimitation order of 1995 the proposed 14-03-2022 order too still does not test to the reality of fact laid down in Section-50 of erstwhile J&K Constitution where areas that had constitutionally 14 elected MLC have been now also given only 43 MLAs where as areas in Kashmir valley that had lesser MLCs(12 ) have been still given more MLAs (47).Where as keeping in view the guiding parameters laid down for delimitation in Sub Section(2) of Section-60 of Jammu and Kashmir Reorganisation Act of 2019, Act no 34 there still appears a fair case for distributing atleast 47-48 MLA over areas lying outside Kashmir valley and 43 to 42 MLA in areas in Kashmir valley even on the basis of 2011 census since population is only one of four / five deciding parameters as can also be sensed from vote value that MLAs of states ( MLA UP 208, MLA-HP 51) carry in Presidential elections.
No doubt in the note of dissent ( in response to Draft working papers / Draft proposals dated 25 Feb 2022 said to be made available by the Commission to 5 associate members ) submitted by S/S Dr. Farooq Abdulla , MP Mohd Akbar Lone and MP Hasnain Masoodi it has been mentioned at point (17) that the Commission has categorised the Districts in 3 groups in terms of some Paper -1 but no such details along with data/ basis for classification are there in gazette publication of on 14-03-2022 and unless that is made available no meaningful observations/ comments/ suggestions to draft order can be submitted by those stake holders who are not from within official arena. More so such information is not available on the websites of districts and for working out reasonably pointing observations to draft proposals at micro level one would need certified data. Only data that may be available on all websites could of area & population only and there too areas on websites may need tallying with the areas that commission may have received from state authorities before someone uses even that area.
Anyhow process is still on. So, the Delimitation Commission may kindly also make public, in the next notification that the Delimitation Commission may be issuing in terms of Section- 60(5) keeping in view suggestions/comments received upto 21-03-2022 & during the public hearings held on 4th April ( Jammu) and 5th April ( Srinagar) , the data ( like geographical areas , topography, terrains/ physicals , the all weather road / black top connectivity/ % area covered by roads region/district wise , population etc ) at region / district level as obtained from J&K Govt. andthe working model drawn for classification of districts in terms of the parameters laid in law for delimitation { like Geographical compactness, terrain, means of communication/ connectivity, public conveniences , population that need consideration more particularly as regards working out number & location of SC/ST reserved seats )}. A delay of few weeks will not be that ‘costly’ in case a considerate exercise finally delivers fair distribution for which honourable prime minister of India has provided opportunity after 7 decades. .
As regards the 5 constituencies Lok Sabha any particular suggestions that may be required can be worked only after the limits of MLA constituencies are redrafted and next notification is issued along with the data taken into consideration by the Delimitation Commission.
(The author is Sr Journalist &
leading scribe J&K affairs dayasagr45@yahoo.com).