Rotation of SC seats, reservation for STs to be explored
Section 47 needs amendment to end freeze on increase in seats
Sanjeev Pargal
JAMMU, June 4: To undo the discrimination meted out to Jammu and Ladakh regions in terms of political power by successive Kashmir-centric Governments, the Central Government proposed to set up Delimitation Commission in the State, which was a long pending demand of the BJP, which had got it listed in the ‘Agenda of Alliance’ reached between PDP-BJP before forming their first-ever Government in March 2015.
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Constitution of the Delimitation Commission and some other decisions to end long standing discrimination with Jammu and Ladakh regions figured prominently during three high-level meetings held on Jammu and Kashmir by Union Home Minister Amit Shah during last four days after taking over charge of the Ministry last Saturday.
“Apart from increase in number of total Assembly seats in the State, which is presently 87, the Commission can also be mandated to rotate seven seats reserved for Scheduled Castes (SCs), which haven’t been rotated for last four Assembly elections,’’ official sources told the Excelsior.
At present, Jammu region has just 37 Assembly seats as against 46 of Kashmir region, a gap of nine seats, which vests political power with the Kashmir leadership. Ladakh region has 4 Assembly seats.
The last time a delimitation exercise took place in the State was also under President’s Rule when Gen KV Krishna Rao was Governor of the State for second term from 1993 to 1998. The Delimitation Commission was set up in 1995 with Justice (Retd) K K Gupta as the Chairman.
The Commission had increased J&K’s Assembly seats from 76 to 87 but failed to address concerns of Jammu region. In 76 seats, Jammu had 32, Kashmir 42 and Ladakh 2, which the Commission raised to 87 giving 37 to Jammu, 46 to Kashmir and four to Ladakh. It miserably failed to overcome the discrimination meted out to Jammu region in terms of political empowerment.
Incidentally the Constitution provides for delimitation every 10 years, the next delimitation of Assembly constituencies should have logically taken place in 2005.
However, in 2002, the Farooq Abdullah Government chose to freeze delimitation until 2026 by amending the Jammu & Kashmir Representation of the People’s Act 1957 and Section 47(3) of the Constitution of Jammu & Kashmir. The amended Section 47(3) provided “that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust the total number of seats in the Legislative Assembly of the State and the division of the State into territorial constituencies under this sub-section”. This put the contentious matter in abeyance.
Prior to this, the Central Government had also freezed delimitation of Lok Sabha seats till 2026. The State had followed the Centre.
“During President’s Rule, the Legislative Authority is vested in the Governor, who is competent to amend Section 47 of the Constitution to delete the objectionable proviso which barred the setting up of a Delimitation Commission. Furthermore, Section 3 of the Representation of People Act gives the Governor the mandate to constitute a Delimitation Commission,’’ sources pointed out.
They said Jammu and Kashmir has the powers to revoke the law through a Constitutional Amendment with a two-third majority and ramp up the number of seats. If the Governor sets up a Delimitation Commission, then the ball will start rolling.
Presently, the Legislative Assembly has seven reserved seats for the Scheduled Castes. However, there are no political reservations for the Scheduled Tribes in Jammu and Kashmir.
The reserved seats included Chhamb, Domana, RS Pura, Samba, Hiranagar, Chenani and Ramban, all in Jammu region. They haven’t been rotated since 1996 i.e. despite four Assembly elections held in 1996, 2002, 2008 and 2014.
Sources said not only the seats reserved for SCs would go up with increase in the Assembly seats; the Government could also give political reservation to the Scheduled Tribes (STs), which were applicable in some other States.
Convention says that the next delimitation can only take place after Census 2031, unless the Governor intervenes and rectifies this irregularity.
Sources said there have been 24 seats reserved for Pakistan occupied Kashmir (PoK) since 1947-48 as PoK is integral part of India. However, these seats always remain vacant. There has been demand from PoK refugees that they should be given some seats out of the 24.
During Ghulam Nabi Azad’s term as Chief Minister from 2005-2008 as head of Congress-PDP Government, he had recommended a proposal of 25 per cent all round increase in the number of Assembly seats of all three geographical regions in the State which would have resulted in an additional 22 constituencies in the Assembly including 9 for Jammu, 12 for Kashmir and one for Ladakh, thus, further widening regional disparities. However, the National Conference, then in Opposition, had questioned the proposal, and it was later shelved by the Government.
According to the 2011 census, the total population of Jammu Division was 53,78,538 of which Dogras were the dominant group comprising 62.55 per cent of the population. Jammu has 25.93 per cent of the area and 42.89 per cent of the population.
Against this, Kashmir Division population in 2011 was 68,88,475 with 96.40 per cent Muslims. Though it has 15.73 per cent of the State’s area, it holds 54.93 per cent of the population. Ladakh has 58.33 per cent of the area accounting for 2.18 per cent of the population, a mere 2,74,289 people reside there of which 46.40 per cent are Muslims, 12.11 per cent Hindus and 39.67 per cent Buddhists.
In Lok Sabha also, Kashmir has three seats and Jammu two. Ladakh has one seat.
As per the Constitutional provisions, Section 3 of Jammu and Kashmir Representation of People’s Act deals with the setting up of Delimitation Commission, which states that the Commission should comprise three members including two, each of whom should be a person who is or has been a Judge of the Supreme Court or of a High Court in India and a Deputy Election Commissioner nominated by the Election Commission of India.
Meanwhile, Home Minister Amit Shah today again reviewed security situation in Jammu and Kashmir and arrangements for annual Shri Amarnath Ji pilgrimage with top officials of the MHA, para-military forces and Intelligence agencies in New Delhi.
This was third high-level review of security situation in Jammu and Kashmir during last four days by Shah after assuming charge of the Home Ministry.
Shah could soon visit Jammu and Kashmir, sources said, adding fool-proof security arrangements for Shri Amarnath Ji pilgrims, were high on agenda of the Home Ministry. The yatra will begin on July 1 and conclude on August 15.
Shah also reviewed pace of development works in Jammu and Kashmir, sources said.
In addition to Delimitation Commission, sources said, the Central Government also proposed to take more steps for balanced development of all three regions of the State. The Centre was looking as to how both the regions, Jammu and Kashmir, could have seat of power in the two capital cities round the year besides further empowerment of Ladakh region.
Former Chief Minister Omar Abdullah tweeted today saying the freeze on delimitation has been applied to the entire country until 2026 and contrary to the way “some ill-informed TV channels are trying to sell it, it isn’t just a Jammu and Kashmir specific freeze.”
Omar expressed surprise that “the BJP, which talks about bringing J&K on par with other States by removing (Article) 370 & 35-A now wants to treat J&K differently from other States in this one respect.”
“When delimitation takes place in the rest of the country the BJP is welcome to apply it to J&K until then we in the @JKNC_ will oppose, tooth and nail, any attempt to make changes without a mandate from the people of the State.”
PDP president Mehbooba Mufti tweeted that she is “distressed to hear about GoIs (Government of India’s) plan to redraw Assembly constituencies in J&K. Forced delimitation is an obvious attempt to inflict another emotional partition of the State on communal lines. Instead of allowing old wounds to heal, GoI is inflicting pain on Kashmiris”.
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