x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   169 newly recruited IAS officers to work as assistant secretaries in Central Govt depts | Govt identifies 5,106 ‘risky exporters’ who have fraudulently claimed GST refunds | Mortal remains of all 13 air warriors on AN-32 retrieved from Arunachal Pradesh crash sit | Create environment of trust: Modi to Imran | Create environment of trust: Modi to Imran | Steel bullets, used by terrorists in Anantnag attack, worry authorities | How former Kashmir cop turned terrorist, made biggest decamp of weapons | Villagers carry patient on shoulders due to lack of road connectivity in Kupwara district | 'Blue-eyed' MBBS holders to head nursing schools | 70 yrs on, refugees crave for rights | Tourism Deptt can't absolve itself of deaths during rafting | PUF may upset applecart of Abdullahs | Teacher thrashes, injures 15 students in Doda | Teacher who punished students suspended | After ignoring voters, BJP trying to befool people again | Stray incidents of violence even take place in France, US, England: Governor Malik | 10 security personnel lost their lives in 5 days | Munish thanks people for their love, support | Will distribute my salary among needy' | Remembrance of Pandit Jagar Nath Watal A Freedom Fighter and Humanist | Pandits are a divided lot as far as their return to valley is concerned | Div Com reviews preparations for implementation of 'Back to Village' prog at Kathua | Stephens Institute of Paramedical Sciences organizes blood donation camp | Natrang's 'Bawa Jitto' mesmerizes thousands in Aghar Jitto Mela | Maiden football match played under floodlights at Srinagar's AstroTurf ground | Taekwondo team bags 7 medals in Olympic Ranking championship | Regional Outreach Bureau organizes special yoga camp for ladies | Awareness camp cum training session on Yoga organized | Two govt schools yet to be clubbed in Baramulla | People help police to nab militants | Massive reshuffle in civil, police admin on cards | ACB raids former J&K Bank chairman Parvez Ahmad's properties in Srinagar | Farooq Abdullah calls for examining 'one nation, one poll' idea | Promoted seek help from SPOs to fill challan form | Timber distribution in Budgam: RTI exposes fake beneficiaries | One more leader to join PUF soon | High School Nagbhatna Kuntwara has 3 teachers for 300 students | PDA, MC Pahalgam fail Garbage Treatment Plant; Dump solid waste on river bank | BDO Sunderbani ignores ADC Rajouri's order | Student to cycle from Kashmir to Kanyakumari to highlight country's water woes | Rasikh Salam gets 2-year ban for submitting faulty birth certificate | Targotra Biradari honours meritorious students | Directorate of Industries & Commerce organizes yoga sessions for employees | Wildlife department orgainsed awareness camp at Malla | Migrants land encroached in Khanoo Babagund | Bail denied in rape case | Court rejects bails in hawala case | After brief respite, temperatures rise again in J-K | Electrification, system strengthening, loss reduction works in PDD devolved to PRIs | Justice Rabstan directs speedy disposal of pending cases | Cong, BJP did nothing for Deshmesh Nagar: Locals tell Munish | Shiva Colony craves for development, Swachata Abhiyan | 4 Children, stuck in ropeway trolley, rescued | Govt orders transfers, postings in civil administration | Advisor Skandan reiterates Govt's commitment to strengthen tourism infrastructure | Governing Body reviews functioning of SMVD Narayana Superspeciality Hospital | 3 ALLEN students in top 10 AIR, 38 in top 100 AIR | Mayor lays foundation stone of community toilet at Channi Rama | Power shut down | Traffic Police City seeks applications for hiring of PSVs | Major terror attack foiled as police arrest five HM supporters | Airports Authority of India, Jammu organizes blood donation camp | DSEJ provides Adolescent Education to 40,000 students | 22 year old slip to death while taking selfie in Kishtwar | Mendhar family urges GoI to help bring body of kin who died in Saudi Arabia two months ago | DC Doda approves 143 cases under PMEGP | Deputy Mayor reviews preparations for Amarnath Yatra | Cancer Hospital within GMC Jammu an unwise decision: AAP | Civil Defence organizes awareness camp on disaster management | Man held with pistol in Jammu | AoI alleges departmental harassment of micro-small units, seeks Guv's intervention | Designate PIOs in all business units; RTI Movement appeals Chairman JK Bank | DC Jammu convenes DLSCC meeting | Back Issues  
 
news details
Delimitation in J&K - a cumbersome exercise
6/11/2019 11:08:36 PM
Mahadeep Singh Jamwal

For the last few days the J&K state is buzzing with roaring voices in favor and against 'Delimitation' in the state. When we focus towards the State of Jammu and Kashmir, we have separate Constitution as 'The Constitution of Jammu and Kashmir, 1956' as well as separate 'The Jammu And Kashmir Representation of the People Act 1957'. So we are required to look towards 'Delimitation of Assembly seats' through the prism of these 'Acts'. Instead of beating about the bushes and blaming those lying in peace in cemeteries, about the number of seats prior to adoption of the Constitution (spoken that Sheikh Abdullah's administration arbitrarily carved out 30 seats for Jammu region, 43 for Kashmir and 2 for Ladakh region) we should look for correctional measures. Let us take our flight after adoption of the Constitution for J&K. Section 47 (1) of 'The Constitution of Jammu and Kashmir,' speaks that the Legislative Assembly shall consist of one hundred members chosen by direct election from territorial constituencies in the State. Section 47 (2) provides that for the purposes of sub-section (I), the State shall be divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. Section 47 (3) provides that upon the completion of each census, the number, extent and boundaries of the territorial constituencies shall be readjusted by such authority and in such manner as the Legislature may by law determine. Section 48 of J&K Constitution kept reserved twenty-five seats in the Legislative Assembly and that shall remain vacant, until the area of the State under the occupations of Pakistan ceases to so occupy and the people residing in that area elect their representatives. Subsequently the total number of J&K Assembly seats was increased to 111 by the Constitution of Jammu and Kashmir (Twentieth Amendment) Act of 1988. Of these, 24 seats were kept reserved for the territorial constituencies of the state that were administered by Pakistan in 1947
For delimitation of constituencies, we are bound by the 'The Jammu And Kashmir Representation of the People Act 1957', an Act to provide for the delimitation of Constituencies for the purpose of elections to the Legislative Assembly and the Legislative Council. That speaks as soon as may be (after the completion of each census) the Governor shall constitute a Commission to be called the Delimitation Commission. Under the Act, Delimitation Commission was to distribute 87 seats in the Legislative Assembly as per criteria: (I) population as ascertained at the last preceding census of which the relevant figures have been published, (II) geographical compactness, (III) nature of terrain and (IV) facilities of communication. The delimitation was done in 1995 and 37 seats allotted to Jammu region 46 to Kashmir and four went to Ladakh. The notable surprise is that the 87 seats were to be distributed as per population as ascertained at the last preceding census of which the relevant figures have been published. As no census was held in J&K in 1991 (However 77, 18,700 was projected population of J&K in 1991 by 'Standing Committee of Experts on Population Projections' in Oct 1989) so the last census figures of population 1981 comes into play for distribution of these 87 seats. The figures published about this census aware us that Kashmir having population of 31.35 Lakh, Jammu population of 27.18 and Ladakh with population of 1.34 Lakhs. The writer is not aware about it what population was considered by Delimitation Commission' in 1995. The Geographical compactness of Jammu and Kashmir speaks as: Kashmir area 15.948 Sq. Km, Jammu 26.269 Sq. Km and Ladakh 59,146 Sq. Km. Census 1981 also apprise us that Pakistan held Azad Kashmir with 13.297 Sq. Km was having population 19.83 Lakh.
According to seat distribution by Delimitation commission in 1995, the State Assembly elections of 1996 were held and this arrangement is continuing till date. The census were held in 2001 and figures published aware that the J&K was having population 1, 00, 69,917. Another 'Delimitation Commission was mandatory as per 'The Jammu And Kashmir Representation of the People Act 1957', in 2005 but by toeing with the decision of central government in 2002 (84th amendment to Indian Constitution) that froze the total Parliamentary and Assembly seats in each state till 2026 (said to be because of family planning program disparity) the popular government in J&K state in 2002 also freeze the 'Delimitation Exercise' till 2026 by an amendment to Jammu and Kashmir Representation of the People Act 1957 and Section 47(3) of the Constitution of J&K (much criticized as personal gain of Kashmir based political party in power owing to the reason of more population of Jammu region than Kashmir, more area in Jammu region than Kashmir and both these factors were going to give an edge to Jammu region in redistribution of Assembly seats if delimitation would have been there). The Apex Court denied its interference in this freeze of delimitation (PIL by NPP Supremo) and ruled that courts cannot interfere in matters of delimitation as there was an express Constitutional bar on such interference.
Now we have census figures of 2011 also in hand as published one with population of J&K State as 1,25,41,302 of which male and female are 66,40,662 and 59, 00,640 respectively. Relying on the census 2011, the most populous region is Kashmir followed by Jammu. Here it is to mention that assembly representation is based on population and not on the eligible voters. Census 2011 speaks that Jammu region has a total population of over 53.50 lakh, (43%) and Kashmir has over 69 lakh population (55%) of the total population of the state. Average population per seat in Jammu is 1, 44,594 whereas Kashmir has average of 1, 50,000. The politicians from Jammu have been projecting that the current seat compositions are heavily in favor of Kashmir and is responsible foe ll discrimination towards Jammuites. It is required to be debated on merits rather counting the balloons in the air. Under the scenario, discussed above, we have to conduct an in house assessment, that what are the factors that can contribute towards the Jammuites to get rid of the discrimination from the hands of Kashmir dominated political set up.
With regard to correctional measures in the state, my options are:
n The amendment to Jammu and Kashmir Representation of the People Act 1957 and Section 47(3) of the Constitution of J&K required to be amended to nullify the freeze of delimitation till 2026.
n The Governor of J&K should constitute 'Delimitation Commission' as envisaged in 'The Jammu and Kashmir Representation of the People Act 1957'. The Assembly seats can be redistributed as per 2011 census, the population figures that stand published.
n Wider discrepancies in the size of assembly constituencies required to be done away.
n Out of 24 seats kept vacant for people (as per section 48 of J&K Constitution) from the Pakistan administered area in 1947, require to be revisited as lakhs of people from this area have settled in Jammu region and proportionate seats be included in Jammu region as reserved for this fraternity.
n The migration of lakhs of Kashmiri pundits from valley has settled in Jammu. Their assembly seat quota proportionally after deletion from Kashmir required to be clubbed with Jammu as reserve seats for migrants.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU