Delimitation Commission in Jammu and Kashmir and its ramifications

Headed by retired Supreme Court judge Ranjana Prakash Desai, the commission was set up in March 2020 and was assigned to complete the delimitation exercise within a year but when the commission could not complete the exercise within the timeframe, its term was extended till March 2022.

Srinagar: Following the abrogation of Article 370, the BJP government in Centre set up the delimitation commission under the Jammu and Kashmir Reorganisation Act, 2019 to redraw the boundaries of assembly and parliament constituencies in the Union Territory.

Formation of the Commission

Headed by retired Supreme Court judge Ranjana Prakash Desai, the commission was set up in March 2020 and was assigned to complete the delimitation exercise within a year but when the commission could not complete the exercise within the timeframe, its term was extended till March 2022. Initially, the delimitation commission was set up to redraw the constituencies of Assam, Manipur, Nagaland, Arunachal Pradesh and Jammu and Kashmir, but when its term was extended for a year the north-eastern states were excluded from its mandate.

Political parties oppose the Commission

Since its formation, the commission has been criticised by the Jammu and Kashmir based political parties especially by National Conference and PDP. These parties argued that the commission was formed under the Jammu and Kashmir Reorganisation Act 2019, which these parties have challenged in the Supreme Court.

The parties also argued that the delimitation in Jammu and Kashmir was stayed by the Supreme Court till 2026 and also the National Conference government had in 2002 frozen the delimitation till 2026. The last delimitation was carried out in 1994-95 during the president’s rule in Jammu and Kashmir when the seats of the erstwhile State Assembly were raised from 76 to 87. Jammu region’s seats were increased from 32 to 37, Kashmir’s from 42 to 46 and Ladakh’s seats increased from two to four.

Despite opposition from political parties in Jammu and Kashmir barring BJP, the commission carried on with its exercise and visited the union territory twice in 2021 and conducted several meetings with political parties, social activists and other stakeholders in Kashmir and Jammu regions. PDP boycotted the commission as it says the commission was formed under the Jammu and Kashmir Reorganisation Act which is unconstitutional.

Political parties also argue that the delimitation must be carried out as per the 2011 census, however, the Commission has said that geography, demography, accessibility and communication are the criteria on which it will do the delimitation.

Redrawing of seats

The erstwhile state of Jammu and Kashmir had 111 seats including 24 reserved for PoK and elections were being held for 87 assembly seats, In the previous Assembly, Kashmir had 46 seats, Jammu 37, and Ladakh four. After the bifurcation of the erstwhile State into two UTs of JK and Ladakh, the Assembly seats were reduced to 83 seats as four seats of Ladakh got scrapped as this UT will have no legislature.

Under the Jammu and Kashmir Reorganization Act the number of assembly seats in Jammu and Kashmir will be increased from 107 to 114 including 24 seats which are reserved for Pakistan occupied Kashmir (PoK) while the election will be held for 90 seats. Besides the commission's own members, five Lok Sabha members of Jammu and Kashmir, three from the National Conference and two from BJP are its associate members.

On December 20 last year, the commission shared its first draft with associate members and proposed six additional assembly constituencies in the Jammu division and one in Kashmir. This proposition will increase the number of seats in Jammu from 37 to 43 and in Kashmir from 46 to 47. Of these 90 seats, nine seats will be reserved for Scheduled Tribes (STs) and seven seats for Scheduled Castes (SCs).

On February 4, the commission shared its second draft with the associate members which gave a detailed description of how the assembly and parliamentary constituencies have been redrawn across the Union Territory.

The second draft showed a major shake-up of all assembly segments and parliamentary seats which has also shaken up the previous electoral structure of all former legislators. All the constituencies have been redrawn with altered boundaries. 28 constituencies have been created anew and renamed while19 existing constituencies have been deleted.

The new assembly segments drawn by the panel in Kashmir will have a mean population of 1.46 lakh against only 1.25 lakh in Jammu province. The commission has reserved nine seats for STs —six in the Jammu division and three in Kashmir Division and seven for SCs in the Jammu division.

Delimitation in Jammu province

In Jammu region, six new segments have been created in its ten districts with major internal changes and redrawing. The new segments created are Ramgarh in Samba, Udhampur West in Udhampur district, Sunderbani-Kalakote in Rajouri, Doda West in Doda district, Mughal Maidan and Paddar in Kishtwar district.

Delimitation in Kashmir Valley

In Kashmir valley, massive alterations of previous constituencies have been proposed and only one segment Trehgam in Kupwara district has been created. Old segments like Gulmarg, Sangrama, Shangus, Homshalibugh, Amira Kadal, Batamaloo were deleted and reconfigured into new segments.

Reserved seats for ST and SC population

Nine seats have been reserved for Scheduled Tribes (ST) which include Darhal, Thanna Mandi, Surankote, Mendhar, Poonch Haveli and Mahore in the Jammu division and Larnoo, Gurez and Kangan in Kashmir division. Seven for Scheduled Castes (SC) which include Marh, Bishnah, RS Pura, Akhnoor, Ramgarh, Kathua South and Ramnagar (Udhampur).

The boundaries of all the five Lok Sabha seats have been changed while the Anantnag-Rajouri seat has Jammu province areas included in it. Senior journalist and author Zafar Choudhary said the Anantnag-Rajouri Lok Sabha constituency provides a new experiment that has to be tread very carefully and cautiously.

"While the single Lok Sabha seat spread across both sides of the Pirpanjal mountain region will provide opportunities of political and cultural interactions between Kashmir and Jammu but forcible pumping in of ideas and ideological could prove dangerous not just for this sub-region but the whole state," Choudhary said.

Political parties have rejected the proposal. “The NC summarily rejects draft working paper made available by Delimitation Commission to associate members on February 4,” party’s spokesperson Imran Nabi Dar said. The NC has three Lok Saba members from Kashmir — Farooq Abdullah, Hasnain Masoodi and Akbar Lone.

Former Chief Minister and Peoples Democratic Party President, Mehbooba Mufti said that the delimitation commission proposal has not come as a surprise and it is another onslaught on the democracy in Jammu and Kashmir.

"PDP was always suspicious and the delimitation commission is basically the Bharatiya Janata Party (BJP) agenda. BJP wants to strengthen its constituencies. They want to disempower the majority of communities, be it in Rajouri, Chenab valley. How will a parliamentarian reach Rajouri or Chenab valley when the road remains closed for six months,” she said.

National Conference and PDP, which are major parties in PAGD will hold a meeting on February 13 in Jammu about the delimitation.

Implications

Political analysts say that the proposed delimitation if implemented will jeopardize the political careers of many former legislators as their constituencies have been merged into other segments eroding their vote bank.

"The process of delimitation appears to have shaken ground beneath the feet of a number of politicians in the Jammu region. Senior BJP leaders and those veterans who joined the saffron party in recent years in a well-avowed bid to "protect" their constituencies have actually lost the ground," Choudhary said.

"The draft proposal brings out drastic changes in terms of cartography which has taken many constituencies altogether off. In some cases, well established political veterans have lost their turf to reservation," he said.