Interim Report of J&K Delimitation Commission GS Paper - 2 I | Deepak UPSC Notes
Interim Report of J&K Delimitation Commission
GS Paper - 2
Indian Constitution
Elections
Statutory Bodies
Why in News
Recently, in its interim report, the Jammu and Kashmir (J&K) Delimitation Commission has proposed significant changes to the electoral map of J&K.
The delimitation exercise had started in June 2021 in the state.
What was the Previous Distribution of J&K Constituencies?
The erstwhile J&K State had an 87-member assembly, with 37 constituencies in the Jammu region and 46 in the Kashmir division and four in Ladakh. Besides, 24 seats are reserved and vacant for Pakistan occupied Kashmir (PoK).
J&K lost its special status and was divided into two Union Territories (J&K and Ladakh) after the abrogation of its special status under Article 370, on 5th August, 2019.
What are the Major Recommendations of J&K Delimitation Commission?
About:
Increased Assembly Strength:
The Commission has, as per the mandate granted under the J&K Reorganisation Act, 2019, added seven assembly constituencies to J&K, increasing its strength from 87 to 90.
The interim report proposes an increase of six seats for the Jammu province, taking the number of constituencies to 43, and an increase of one seat in the Kashmir province, taking the seat strength to 47, almost bringing the two regions at par with each other.
Reservation in Assemblies:
The Commission has proposed to reserve seven seats for Scheduled Castes (SCs) Hindus that mainly populate the Samba-Kathua-Jammu-Udhampur belt and nine seats for Scheduled Tribes (STs) which will help Gujjar and Bakerwals, mostly non-Kashmiri speaking Muslims inhabiting the Rajouri-Poonch belt in the Jammu province.
Criticism:
Kashmir has Larger Population:
This seat sharing was criticised on the grounds that the Kashmir province has more population at 68.88 lakhs against 53.50 lakhs in the Jammu province.
However, the commission argued that it has taken into account the topography, means of communication and convenience available and not just the population size.
Reorganisation Unconstitutional:
It has been claimed that the J&K Reorganisation Act, 2019 was “palpably unconstitutional” and it has already been challenged in the Supreme Court.
Criticism:
Kashmir has Larger Population:
This seat sharing was criticised on the grounds that the Kashmir province has more population at 68.88 lakhs against 53.50 lakhs in the Jammu province.
However, the commission argued that it has taken into account the topography, means of communication and convenience available and not just the population size
What is Delimitation?
Delimitation is the act of fixing or redrawing the limits or boundaries of territorial constituencies (Assembly or Lok Sabha seat) in a country or a province having a legislative body, as per the Election Commission.
The delimitation exercise is carried out by an independent high-powered panel known as the Delimitation Commission whose orders have the force of law and cannot be questioned by any court.
The exercise has been carried out over the years to redefine the area of a constituency-based on its population size (based on the last Census).
Aside from changing the limits of a constituency, the process may result in change in the number of seats in a state.
This exercise also involves reservation of Assembly seats for SC & ST in accordance with the Constitution.
The key aim is to have equal representation to equal segments of the population in order to ensure a fair division of geographical areas so that all political parties or candidates contesting elections have a level playing field in terms of a number of voters.
What is the Constitutional Basis for Delimitation?
Under Article 82, the Parliament enacts a Delimitation Act after every Census.
Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.
Once the Act is in force, the Union government sets up a Delimitation Commission.
