Population based on 2011 Census main criteria, but other parameters will also be taken into account

Delimitation Commission chairperson Ranjana Prakash Desai, CEC Sushil Chandra and SEC K K Sharma at a press conference in Jammu on Friday. -Excelsior/Rakesh
Delimitation Commission chairperson Ranjana Prakash Desai, CEC Sushil Chandra and SEC K K Sharma at a press conference in Jammu on Friday. -Excelsior/Rakesh

Delimitation Comm again says No to de-freezing PoJK seats

Draft report to be put in public domain before finalization

Nothing pre-planned, Panel met 290 Groups comprising 800 people

Sanjeev Pargal

JAMMU, July 9: The Delimitation Commission said today that population based on 2011 census would be the main criteria but various other parameters including geographical compactness, public conveniences, accessibility, communication facilities and topography of areas will also be taken into consideration for delimitation of Assembly constituencies in Jammu and Kashmir even as, in a major setback to BJP, the Panel once again ruled out de-freezing of one-third Assembly seats out of total 24 reserved for Pakistan occupied Jammu and Kashmir (PoJK) saying this is not under the purview of their mandate.

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Addressing a press conference before winding up their first four-day visit to the Union Territory since the Commission was set up in March 2020, the Panel dropped enough hints like “this is their first visit and not the last”, meeting many more stakeholders and putting the report in public domain inviting objections before finalizing the recommendations etc, that they are going to take their time for delimitation of 90-seat Assembly in J&K for which they have their term till March 5, 2022. This means that the Assembly elections are unlikely to be held in Jammu and Kashmir either this year or even start of next year.
The Commission today formally announced that besides the Scheduled Castes, the Scheduled Tribes will also get reservation in the new Legislature of Jammu and Kashmir. It said it met 290 Groups comprising 800 people during their four-day visit to the Union Territory.
Delimitation Commission chairperson Justice (Retired) Ranjana Prakash Desai and two members including Chief Election Commissioner (CEC) Sushil Chandra and State Election Commissioner (SEC) KK Sharma were present at the press conference but the CEC took majority of questions.
“For us Jammu and Kashmir is one entity. We don’t bifurcate the regions. The Delimitation will be done in a transparent manner,” Chandra said in response to a question as to whether Jammu will get justice from the Panel.
He made it clear that delimitation will be done on the basis of 2011 Census report and although population will be main criteria, other factors will also be taken into consideration which include geographical compactness, public conveniences, accessibility, communication facilities and topography of the areas.
In the last Assembly, Kashmir division had 46 Assembly seats, Jammu 37 and Ladakh four. As Ladakh has become a separate Union Territory, Jammu and Kashmir has been left with 83 existing seats. However, the Union Territory has been granted 90-seat Legislative Assembly in the Jammu and Kashmir Reorganization Act i.e. an increase of seven seats. The BJP, Panthers Party and some other organizations have for the last several years been demanding political empowerment of Jammu region with Assembly seats at par with Kashmir.
Responding to a question on the demand for de-freezing of one-third Assembly seats of 24 reserved for PoJK, a demand which was also raised by the BJP delegation led by party president Ravinder Raina in its meeting with the Panel yesterday, the Chief Election Commissioner said this is out of the purview of the Delimitation Commission mandate. The BJP wanted eight of 24 seats reserved for PoJK to be de-freezed and allotted to PoJK people living in Jammu for last 74 years.
“We are working under the Delimitation Act and Jammu and Kashmir Reorganization Act which say 24 seats in the Legislative Assembly of Jammu and Kashmir shall remain vacant and will not be taken into account for delimitation. The said area (PoJK) and seats shall be excluded from the process of delimitation,” Chandra asserted.
In an RTI reply earlier also, the Commission had ruled out de-freezing of one-third out of 24 seats reserved for PoJK for the displaced persons of PoJK living in Jammu
To a question about People’s Democratic Party (PDP) president Mehbooba Mufti boycotting the Delimitation Commission describing the exercise as “pre-planned”, Sushil Chandra countered the charges saying: “if there was anything in our mind or we have decided something why should we come here. We have met 200 Groups comprising 800 people. There should be no apprehensions in minds of people. Entire exercise (of delimitation) is being done in a transparent manner and under Constitutional mandate. That’s why we are here meeting the people and taking representations from them”.
Delimitation Commission chairpersons Justice (Retired) Ranjana Prakash Desai also said the exercise (for delimitation of Assembly constituencies) is going to be transparent and none should have any doubts about it.
“We are conducting the exercise in most transparent manner. Otherwise, we won’t have been visiting here for 3-4 days,” she said, adding this is their first visit but not the last and they will come again to meet many more people. We are confident of finishing the exercise in free and fair manner,” Desai said.
The Commission was set up on March 6, 2020 with one year time for completion of delimitation exercise. It’s tenure was extended by another year on March 6, 2021 by the Union Law Ministry.
Sushil Chandra said the draft report will be put in public domain for comments and objections.
“The first draft will be prepared based on the demands of the people and political parties. Taking all the demands and recommendations into account, a draft will be prepared and put in the public domain for their comments. After seeing all the comments and giving people the opportunity of filing objections, the final draft (on Delimitation exercise) will be prepared,” he said.
Chandra said that the first full-fledged Delimitation Commission was formed in Jammu and Kashmir in 1981 which could submit its recommendation after 14 years in 1995. “It was based on 1981 Census. Thereafter, no delimitation has taken place,” he said. In 1950, he recalled, the Jammu and Kashmir Assembly had 100 seats, 25 of which were reserved for PoJK.
The Commission expressed confidence that it will complete its exercise in time-bound manner. It attributed delay to COVID breakout but said it continued its work from New Delhi by obtaining data, maps etc from the District Electoral Officers through video conferencing, meeting with Associate Members though only two of them turned up and other requisite procedure of obtaining figures.
Political observers opined that the Delimitation Commission has to undergo a lengthy exercise and despite the process being fast-paced after June 24 All Party Meeting on Jammu and Kashmir called by Prime Minister Narendra Modi it might not be able to complete the task before deadline of March 5, 2022 which means the Assembly elections are unlikely to be held in the Union Territory either by the end of this year or even start of next year as was being projected by some leaders.
The Commission also announced that there will be provision of reservation to Scheduled Castes and Scheduled Tribes in the new Assembly. While SCs had reservation in the last Assembly also with seven constituencies reserved for them, this will be for the first time that STs will get political reservations in Jammu and Kashmir.
Asserting that the delimitation is not an easy task, Sushil Chandra said in 1995 where last delimitation was held in Jammu and Kashmir there were 12 districts which have now gone up to 20 while number of tehsils has increased to 586 from 270.
“Many Assembly constituencies are overlapping in tehsils and districts. To gather all such facts, the Commission decided to visit on ground and toured four locations (Pahalgam, Kishtwar, Jammu and Srinagar) where it met political parties, representatives of Local Bodies, Civil Society etc totaling 290 Groups and 800 members. The sittings went on till 10.30 pm. We took response of all stakeholders and met Groups in person,” Chandra said.
He said the Commission in Kishtwar met the people who had trek long distance to reach the town. There are many problems. One Assembly segment falls in two districts. The terrain is difficult. The Commission ascertained ground realities of the Union Territory. There were genuine concerns and difficulties faced by the people, he added.
Earlier in the day, the Delimitation Commission met seven Deputy Commissioners and took data from them pertaining to delimitation of Assembly seats.
The Commission had met three DCs of Kishtwar, Ramban and Doda in Kishtwar yesterday.