Delimitation of Jammu & Kashmir

Delimitation of Jammu & Kashmir

What is the news?

• The Delimitation Commission for the Union Territory of Jammu and Kashmir has kicked off the exercise by writing to all 20 District Commissioners (DC), seeking basic demographic, topographic information as well as the local administration’s impressions of political aspirations of the district.
• The Commission was set up in February-March 2020 to delineate Assembly and parliamentary constituencies, and was given a year’s extension last March.
• It is only after the completion of the delimitation exercise that elections for the Assembly can be held, although District Development Council (DDC) polls were held last year on earlier patterns and based on the 2011 Census.
• The then State of Jammu and Kashmir was kept out of the delimitation exercise when it was carried out in the rest of country (between 2002-2008), as delimitation of Assembly seats was under the Jammu and Kashmir Constitution and its separate Representation of People Act.
• After becoming a Union Territory, the Delimitation Commission was constituted and asked to mark out Assembly and Parliament seats.
• The Commission, headed by Justice (retired) Ranjana Prakash Desai and comprising two other members, had called for a meeting in February 2021, where only two of its five associate members — Union Minister Jitendra Singh and Jugal Kishore Singh, MP — attended. National Conference leaders Dr. Farooq Abdullah and Hasnain Masoodi, MP, and Mohammad Akbar Lone did not attend.
• The renewed push by the Centre for talks has raised hopes not only of early Assembly elections in Jammu and Kashmir but also of an eventual restoration of statehood, which was taken away under the Jammu and Kashmir Reorganisation Act, 2019, a reading down of Article 370 of the Constitution.

Why Delimitation is important?

• To provide equal representation to equal segments of a population.
• Fair division of geographical areas so that one political party doesn’t have an advantage over others in an election.
• To follow the principle of “One Vote One Value”.

Constitutional Provisions regarding 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.
• The first delimitation exercise was carried out by the President (with the help of the Election Commission) in 1950-51.
• The Delimitation Commission Act was enacted in 1952.
• Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.
• There was no delimitation after the 1981 and 1991 Censuses.

Delimitation Commission

• The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India.
• Composition: Retired Supreme Court judge, Chief Election Commissioner and Respective State Election Commissioners.
• Functions:
  1. To determine the number and boundaries of constituencies to make population of all constituencies nearly equal.
  2. To identify seats reserved for Scheduled Castes and Scheduled Tribes, wherever their population is relatively large.
  3. In case of difference of opinion among members of the Commission, the opinion of the majority prevails.
• 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.

Problems with Delimitation

• States that take little interest in population control could end up with a greater number of seats in Parliament. The southern states that promoted family planning faced the possibility of having their seats reduced.
• In 2008, Delimitation was done based on the 2001 census, but the total number of seats in the Assemblies and Parliament decided as per the 1971 Census was not changed.
• The constitution has also capped the number of Lok Shaba & Rajya Sabha seats to a maximum of 550 & 250 respectively and increasing populations are being represented by a single representative.