Delimitation in Jammu & Kashmir

In News

• Recently, the honourable Supreme Court junked pleas challenging the recommendations of Jammu & Kashmir delimitation commission.

About

• The Supreme Court of India has recently dismissed a petition challenging the Delimitation Commission that has redrawn constituencies in Jammu and Kashmir.
• The petition was filed by two residents of Kashmir, Haji Abdul Gani Khan and Muhammad Ayub Matto.
• The government had constituted the Delimitation Commission after the bifurcation and downgrading of Jammu and Kashmir into two Union Territories in 2019.
• The petitioners argued that the constituencies across the country should remain unchanged until the first census after 2026, which was based on the 1971 Census.
• However, the government stated that the Delimitation Commission was part of the Jammu and Kashmir Reorganisation Act passed in 2019 after the abrogation of Article 370.
• Previously, the President had formed a three-member Delimitation Commission chaired by Justice (retired) Ranjana Prakash Desai and members including Chief Election Commissioner Sushil Chandra and J&K State Election Commissioner K.K. Sharma as ex-officio members.
• The Commission has faced unique challenges in carrying out the delimitation process, including a wide range of population density, geographical barriers, and inadequate conveniences along the International Border.

What is the Delimitation Commission?

• Delimitation is the process of redrawing electoral boundaries to ensure that each constituency has a roughly equal number of voters in order to prevent any one community from having an unfair advantage in elections.
• The provision for Delimitation Commission in India is enshrined in Article 82 of the Constitution of India.
• The first Delimitation Commission was set up in 1952 after the first general elections were held in India.
• Previously, the 2002 and 2008 delimitation exercises were carried out for all states and Union Territories except Jammu and Kashmir, which was covered by a separate Delimitation Commission in 1995.
• The most recent reconstitution of the Delimitation Commission took place in 2020 when a three-member Delimitation Commission was constituted for the Union Territory of Jammu and Kashmir.

Composition of Delimitation Commission

• The Delimitation Commission is a high-level body that is set up by the President of India.
• The Commission is composed of a chairperson and four other members, all of whom are either retired or serving judges of the Supreme Court or High Courts.
• The members are appointed by the President after consulting the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.
• The Delimitation Commission is supported by a secretariat that is headed by a Director.

Important features

• The Delimitation Commission is responsible for redrawing the boundaries of Lok Sabha and Vidhan Sabha constituencies.
• The Commission takes into account factors such as geography, topography, and the boundaries of administrative units such as districts and tehsils.
• The Commission also takes into account the number of Scheduled Castes and Scheduled Tribes in each constituency and ensures that their interests are protected.
• It has the power to increase or decrease the number of seats in a state or Union Territory.
• The delimitation exercise is carried out after each census to ensure that the electoral boundaries reflect the changing demographic profile of the country.

Way ahead

• Delimitation Commission is an important body that plays a key role in ensuring that the electoral boundaries in India are fair and equitable. 
• With recommendations being notified, it has paved the way for the first-ever Assembly elections in the Union Territory of Jammu and Kashmir. 
• While some of the Commission’s decisions have faced criticism from regional parties, the delimitation process aims to ensure equal representation of the population in elections, a key aspect of democracy.

Source: TH