The Jammu and Kashmir state was bifurcated into the Union Territories of J&K and Ladakh in August 2019. Due to this 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 6th, 2020 constituted a delimitation commission for redrawing the electoral constituencies – parliamentary as well as assembly. The commission remain on paper up to this time but recently commission has held the virtual meeting with all the deputy commissioners of twenty districts of J&K and collected the basic data regarding the population, topography of the area, road connectivity in the area, and other information.
It is a periodic exercise in electoral administration. it decides two issues of immense importance; first, the number of representatives, the members of the Legislative Assembly within unionTerritory. Second, demarcating the boundaries of the parliamentary and assembly constituencies. The Delimitation Commission is appointed by the President of India.
The present composition of delimitation commission is as under:
(a)Retired Supreme Court judge (Justice Ranjana Desai)
(b) Chief Election Commissioners nominee (Sushil Chandra)
(C)Chief Electoral officer of J&K (Sh. Hardish Kumar)
(D) Members of Lok Sabha from Jammu and Kashmir nominated by Speaker of Lok Sabha.
General Functions of commission:
a) To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.
b) To provide equal representation to equal segments of a population. Fair division of geographical areas so that one party doesn’t have an advantage over others in election.
c) To follow the principle of “One Vote One person. Identify seats reserved for Scheduled Castes and Scheduled Tribes
In case of difference of opinion among members of the Commission, the opinion of the majority prevail. 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 invited the objection and views of the 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.
The J&K Reorganization Act, 2019 says that 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 as 24 seats all in POK/PAK ).
Section 60, clause 2, sub-clause (b) of the 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, Jammu has a population of 53,78,538. In an answer to Lok Sabha question the govt has described 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 in Undivided J&K. The delimitation commission has to adjust the boundaries of more seats in Jammu and Kashmir.
The population of Jammu and Kashmir district-wise as per 2011 Census, along with area and number of legislator representing the district is as under
(1) Jammu has population of 15,29,958 having area Of 2,342 sq. kilometre having 11 MLAs.
(2) Srinagar has population’s of 12, 36,829 with 1,979 sq. Kilometres having 8 MLAs
( 3)Anantnag has population of 10,78,692 with 3,574. Kilometre area having 6 MLAs
(4)Baramulla has population of 10,08,039 with 4243 Sq kilometre area having 6 MLAs. (5)Kupwara has population of 8,70,354 with 2379 Sq kilometre area having 5 MLAs
(6). Budgam has population of 7, 53,745 with1361 Sq kilometre area having5 MLAs (7). Rajouri has a population of 6,42,415 with 2630 Sq kilometre area having 4 MLAs (8) Kathua has population of 6,16,6435 with 2502 Sq kilometre area having 5 MLAs
(9) Pulwama has population of 5,60,440 with 1086 Sq kilometre area, having 4 MLAs
(10) Udhampur has population 5,54,985 with 2637 Sq kilometre having 3 MLAs
(11) Poonch has population of 4,76,835 with 1674 Sq kilometre area having 3 MLAs
(12) Doda has population of 4,76,835 with 1,674Sq kilometer area having 2 MLAs
(13) Kulgam has population of 4,24,483 with 410 Sq kilometer area having 4 MLAs
(14) Bandipor has a population of 3,92,232 with 345 sq. Kilometres area having 4 MLAs
(15) Samba has population of 318898 with 904 sq. Kilometres area having 2 MLAs
(16) Reasi has a population of 3,14,667 with 1,719 sq. Kilometres area having 3 MLAs
(17) Ganderbal has population of 2,97,446 with 259 sq. Kilometers area having 2 MLAs
(18). Ramban has a population of 2,83,713 with 1329 sq. Kilometres area having 2 MLAs
(19). Shopian has population of 2,66,215 with 312 sq. Kilometres area having 2 MLAs
(20). Kashtiwar has a population of 2,30,696 with1664 sq kilometre area having 2 MLAs
In reorganisation act the number of assembly segments has been raised from 83 to 90, so delimitation commission has to adjust these seven segments among the various districts of Jammu and Kashmir on the basis of population and area. As per international standards we have one person has one vote, irrespective of caste, colour and creed, whether he is rich or poor. In democracy heads are to be counted not the quality or any preference given to any one.
Any of the formula whether it is based on population or area, cannot be applied rigidly in giving representation to the districts. The people want that they are at least be given a sense of participation in the affairs of government, if not a due share then a reasonable share be given to them. Particularly the hilly districts feel that they were ignored in every fields of life by successive governments since decades, whether it is political representation or in education, health Sector, industry, tourism or transport facility. In hilly areas representatives of people require more than 15 days to cover a constituency, where as in the plain area in some of segments one can cover his constituency within 8 to 15 hours. In plain area one kilometer road can be constructed say with 10 lac but same one Kilometer road requires more funds in hilly areas. Hilly districts like Rajouri, Doda, Udhampur, and thickly populated Jammu district, and districts as Anantnag, Baramulla and Kapwara in Kashmir province deserve more assembly seats on the basis of population and area. While examining the issue, delimitation commission has to keep in mind the means of transport, communications and terrain of the area.
In Jammu province after Jammu district, Rajouri district is second as per population, having the tough terrain, having miserable road connectivity, and medical facilities which definitely deserve one more seat.
The Pakistani refuges and Kashmiri pandit migrants are also demanding separate assembly constituency seat for them. The Sikh community is also raising voice for reserving some assembly seats for them in the assembly . The Delimitation Commission has to work according to the law of the land as per parameters laid down by former commission. Justice is not to be done but seems to be done, with every district of the Jammu and Kashmir.
Ch Rashid Azam Inqlabi Advocate is former Director School Education.