Adv Ch Rashid Azam Inqlabi
Jammu & Kashmir bifurcated into Union Territories of J&K and Ladakh in August 2019, due to which delimitation of the electoral constituencies became inevitable. Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country to represent changes in population. The Union Government, on March 6, 2020 constituted a delimitation commission for redrawing electoral constituencies in J&K – both Parliamentary as well as Assembly, whose term was extended for further a year. The commission recently held virtual meeting with all the Deputy Commissioners J&K and collected basic data regarding population, topography of area, road connectivity in area and other related information.
It is a periodic exercise in electoral administration, as it decides two issues of immense importance. First, the number of public representatives, the Members of Legislative Assembly (MLA) and secondly, demarcating the boundaries of Parliamentary & Assembly constituencies.
The Delimitation Commission, appointed by President of India, includes retired Supreme Court Judge (Justice Ranjana Desai), Chief Election Commissioners Nominee (Sushil Chandra), Chief Electoral Officer of J&K (Hirdesh Kumar) and members of Lok Sabha from J&K nominated by the Speaker of Lok Sabha.
General functions of Commission include determining number and boundaries of constituencies to make population of all constituencies nearly equal, to provide equal representation to equal segments of population, fair division of geographical areas, to follow the principle of ‘One Vote One person’, identifying seats reserved for Scheduled Castes & Scheduled Tribes etc.
In case of difference of opinion among members of the Commission, the opinion of the majority prevails. The other members such as Member of Parliament nominated by speaker can take part in proceeding but they have no power to vote or sign the report. Before finalising the report, the Commission invites objections and views of public on its finding. The Delimitation Commission in India is a high power body whose orders have the force of law and cannot be called in question before any court.
As per J&K Reorganization Act, 2019, the number of seats in the Assembly of J&K would be increased from 107 to 114. The delimitation will be done for 90 seats with 24 seats in Pakistan Occupied Kashmir (PoK). Section 60, clause 2, sub-clause (b) of J&K Reorganization Act,2019 suggests that ‘all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, boundaries of administrative units, facilities of communication and conveniences to the public.’
As per 2011 Census, the population in Kashmir region is 68,88,475 while Jammu has a population of 53,78,538. In an answer to Lok Sabha question, the Govt has stated that there are 37,33,111 voters in Jammu division, 40,10,971 voters in Kashmir division and 1,79,147 voters in Ladakh division of erstwhile J&K State. The delimitation commission has to adjust the boundaries of more seats in Jammu & Kashmir. The population of J&K district-wise as per 2011 Census, along with area and number of legislators is as under:
Jammu has population of 15,29,958 having area of 2,342 Sq Km having 11 MLAs, Srinagar with population of 12,36,829 and 1,979 Sq Km having 8 MLAs, Anantnag with population of 10,78,692 with 3,574 Sq Km area having 6 MLAs, Baramulla with population of 10,08,039 and 4,243 Sq Km area having 6 MLAs, Kupwara having population of 8,70,354 with 2,379 Sq Km area having 5 MLAs, Budgam with population of 7,53,745 and 1,361 Sq Km area having 5 MLAs, Rajouri with population of 6,42,415 and 2,630 Sq Km area having 4 MLAs, Kathua with population of 6,16,6435 and 2502 Sq Km area having 5 MLAs, Pulwama with population of 5,60,440 and 1,086 Sq Km area having 4 MLAs, Udhampur with population of 5,54,985 and 2,637 Sq Km having 3 MLAs, Poonch with population of 4,76,835 and 1,674 Sq Km area having 3 MLAs, Doda with population of 4,76,835 and 1,674 Sq Km area having 2 MLAs, Kulgam with population of 4,24,483 and 410 Sq Km area having 4 MLAs, Bandipora with population of 3,92,232 and 345 Sq Km area having 4 MLAs, Samba with population of 3,18,898 and 904 Sq Km area having 2 MLAs, Reasi with population of 3,14,667 and 1,719 Sq Km area having 3 MLAs, Ganderbal with population of 2,97,446 and 259 Sq Km area having 2 MLAs, Ramban with population of 2,83,713 and 1,329 Sq Km area having 2 MLAs, Shopian with population of 2,66,215 and 312 Sq Km area having 2 MLAs and Kishtwar with population of 2,30,696 and 1,664 Sq Km area having 2 MLAs.
In reorganisation act, the assembly segments has been raised from 83 to 90, so Delimitation Commission has to adjust these seven segments among various districts of J&K on basis of population and area. As per international standard, one person has one vote, irrespective of caste, colour, creed or social status.
Any of the formula, whether it is based on population or area , cannot be applied rigidly in giving representation to the districts. People want that they are at least be given a sense of participation in affairs of government and if not due share then a reasonable share be given to them. Particularly the hilly districts feel that they were ignored in every field of life by successive Govts since decades, whether it is political representation or education, health sector, industry, tourism or transport facility. In hilly areas, representatives of people require more than 15 days to cover entire constituency, whereas in plain areas of some segments, one can cover entire constituency within 8 to 15 hours. In plain area, one Km road can be constructed, say with an amount of Rs 10 lakh but same one Km road requires more funds in hilly areas. Hilly districts like Rajouri, Doda, Udhampur and thickly populated districts like Jammu deserve more assembly seats on basis of population and area. While examining the issue, delimitation commission has to keep in mind means of transport, communications and terrain of the area.
In Jammu province, after Jammu district, Rajouri district is second as per population with tough terrain, miserable road connectivity and poor medical facilities which definitely deserve attention. PoK refuges and Kashmiri Pandit migrants are also demanding separate assembly seats for them. Sikh community is also raising voice for reserving some assembly seats for them. The Delimitation commission has to work according to the law of land as per parameters laid down by former commission.
(The author is former
Director School Education).