J&K Delimitation Commission

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• The commission set up by the Union Government submitted its final report for the delimitation of Assembly and parliamentary constituencies in Jammu and Kashmir.

Why was the commission set up?

• Delimitation became necessary when the Jammu and Kashmir Reorganisation Act, 2019 increased the number of seats in the Assembly.
• The erstwhile J&K state had 111 seats — 46 in Kashmir, 37 in Jammu, and four in Ladakh — plus 24 seats reserved for Pakistan-occupied Kashmir.
• When Ladakh was carved out as a Union Territory, J&K was left with 107 seats, including the 24 for PoK. The Reorganisation Act increased the seats to 114 — 90 for Jammu & Kashmir, besides the 24 reserved for PoK.
• In the erstwhile state, delimitation of parliamentary constituencies was governed by the Constitution of India and that of Assembly seats was carried out by the then state government under the Jammu and Kashmir Representation of the People Act, 1957. 
• After abrogation of J&K’s special status in 2019, the delimitation of both Assembly and parliamentary seats is governed by the Constitution.

• The Commission is chaired by retired Supreme Court judge Ranjana Prakash Desai comprising two other ex-officio members and  five Lok Sabha MPs from J&K nominated by the Lok Sabha Speaker as Associate Members.

Recommendation of Commission

• Constituencies redrawal:
  • Delimitation Commission has recommended seven additional constituencies:
    • 6 for Jammu
    • 1 for Kashmir
  • Jammu Division will now have 43 seats compared to 37 earlier
  • While Kashmir Valley will have 47 seats compared to 46 earlier.
• Lok Sabha Seats:
  • Reorganisation of the Parliamentary constituencies so that 5 Lok Sabha seats constitute 18 Assembly constituencies each, taking the total number of assembly constituencies to 90.
  • Reserving 9 Assembly seats for Scheduled Tribes, 6 in Jammu while 3 in Kashmir.
  • Doing away with regional distinction between Jammu and Kashmir and treating it as one. The Anantnag region in Kashmir has been combined with Rajouri and Poonch in Jammu to carve out Anantnag-Rajouri as one Parliamentary constituency.
• Kashmiri Migrants:
  • The Commission has recommended provision of at least two members from the community of Kashmiri Migrants (Kashmiri Hindus) in the Legislative Assembly.
  • It has also recommended that Centre should consider giving representation in the J&K Legislative Assembly to the displaced persons from Pakistan-occupied Kashmir, who migrated to Jammu after Partition.
• Schedule Tribes:
  • The Commission has reserved nine Assembly seats for Scheduled Tribes. Six of these are in the redrwan Anantnag parliamentary seat, including in Poonch and Rajouri, which has the highest ST population.

Why has the exercise been controversial?

• In 2002, the then J&K government amended the J&K Representation of the People Act to freeze the delimitation exercise until 2026, as in the rest of the country. 
  • This was challenged in the J&K High Court and then the Supreme Court, both of which upheld the freeze.
• The Delimitation Commission mandated by the Reorganisation Act, however, matter is still in sub judice.
• While delimitation as a rule is carried out on the basis of Census population, the Commission said it would take certain other factors into consideration for J&K, including size, remoteness and closeness to the border.

What is Delimitation?

• About:
  • It is the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body for electoral purposes.
• Delimitation Commission: 
  • The job of delimitation is assigned to the Delimitation Commission or a Boundary Commission.
  • The Delimitation Commission in India is a high-power body whose orders have the force of law.
  • Its orders cannot be called in question before any court.
  • These orders come into force on a date to be specified by the President of India on this behalf.
  • The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.
• Constitutional Provisions:
  • Article 82: This provides the Parliament with the authority to enact a Delimitation Act after every Census.
  • Article 170: This provides for the  States to get divided into territorial constituencies as per the Delimitation Act after every Census.
• Functions:
  • To determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
  • Identifying seats reserved for Scheduled Castes and Scheduled Tribes wherever their population is relatively large.
  • In case of difference of opinion among members of the Commission, the will of majority prevails.
• Composition:
  • The Delimitation Commission is appointed by the President of India includes following members:
    • Retired Supreme Court judge
    • Chief Election Commissioner
    • Respective State Election Commissioners.
• Frequency:
  • In India, such Delimitation Commissions have been constituted 4 times:
    • In 1952 under the Delimitation Commission Act, 1952
    • In 1963 under Delimitation Commission Act, 1962
    • In 1973 under Delimitation Act, 1972
    • In 2002 under Delimitation Act, 2002.

Source: IE