Remove ban on delimitation in J&K

Sumer Khajuria
Maharaja Hari Singh with an intention of the association of the subjects of the state in the matter of legislation and administration of the state had introduced a constitutional Regulation No. 1 of Svt 1991, there by establishing a Praja Sabha in October 1934 with 75 members consisting of 42 nominated and 80 elected members; and such democratic institution was further developed under the Jammu and Kashmir constitution act no xiv of Svt 1996 (1939 AD) There under such Praja Sabha had 40 elected members and 35 nominated.
Maharaja of the state further under his Proclamation dated 5th march 1941 appointed Sheikh Abdullah as Prime Minister of the state under influence of Pt Nehru and thereafter following the foot step of his father Yuvraj Karan Singh as Regent of the State under Proclamation dated 1st may 1951 further ordered for the constitution of the constituent Assembly of the state consisting of the people, to elect their representatives on the basis of adult franchise by setting up Assembly Constituencies each containing a population of 40000 or as near thereto as possible.

I. Kupwara Distt. 5 seats 65748 per seat.
II. Baramulla Distt. 10 seats 67014 per seat.
III. Srinagar Distt 10 seats 70832 per seat.
IV. Budgam Distt 5 seats 73452 per seat.
V. Pulwama Distt 6 seats 67346 per seats.
VI. Anantnag Distt 10 seats 65635 per seats.
Total:- 46 seats 68150 per seats.
I. Leh 2 seats 58616 per seat.
II. Kargil 2 seats 59653 per seat.
Total:- 4 seats 59137 per seat.
I. Doda 6 seats 70877 per seat.
II.Udhampur 6 seats 75606 per seats.
III. Kathua 5 seats 73825 per seat.
IV. Jammu 13 seats 72569 per seat.
V. Rajouri 4 seats 75625 per seat.
VI. Poonch 3 seats 74732 per seat.
Total:- 37 seats 73462 per seat.
As envisaged under the twin Proclamations dated 5th March, 1948 and 1st May 1951, the Delimitation committee consisting of members of the rank of Deputy Commissioner from Revenue Department submitted its farcical report based on the census report of the year 1941, there by the population of Jammu and Kashmir was said to be forty lakhs and out of which the population of the area fallen under POJk was assessed hurriedly to be ten lakhs and the population of the area held in control of Indian side to be thirty lakh. Thus in arithmetical proportion 100 seats@40,000 population of proposed segments were taken as per proclamations out of which 25 seats were reserved for the representation of the people hailing from POJK and rest 75 seats for the area falling in J&K state.
The delimitation of the year 1951 was made by the committee so constituted by the then Prime Minister of Jammu and Kashmir purely on the the dictates of Sheikh Mohammad Abdullah heading interim Government having no mandate of the people of Jammu and Kashmir. It was Sheikh Abdullah Government which provided 43 seats to Kashmir province which comprised of 15120 sq kilometers and 30 seats for Jammu Province with an area of 26000 sq kilometers and two seats for Ladakh region. Like wise three Lok Sabha Seats were allotted for Kashmir and two Lok Sabha seats for Jammu whereas one seat kept for Ladakh. The census report of 1961 further defines the population of Kashmir as 18,99,438, in case of Jammu 1572, 887 and in case of Ladakh as 88651/souls. Apart this the Jammu and Kashmir Representation People Act enforced from 1st January 1957 further provided that the criteria of Delimitation of the Assembly Constituencies was to take into consideration, Population as criteria as ascertained at the last preceding census.
Besides Geographical compactness, Nature of terrain and facilities of communication and such consideration have to be taken into consideration. and the like consideration, All these consideration if taken to logical, the justices demands more seats for Jammu Province both in Lok Sabha and Assembly of the State but Kashmir centric politics did not let it happen. with the result, there was unrest in the region in 1967.A commission of Inquiry headed by Dr P.B Gajendragadkar was constituted by the Jammu and Kashmir Government in consultation with the Government of India vide Government order No 878.AD of 1967 dated 6th November 1967, the scope of such enquiry was besides other parts of discriminations also to consider generally the causes that had led to irritation and remedial measures. Although Delimitation commission headed by JK Kapur was constituted vide Notification no 282/Jk/75 dated 20 Qoctobor1975 under whose recommendation the strength of the State Assembly was raised from 75 seats to 76 seats and allocation of Seats for Kashmir province remained as 42 seats, Jammu province as 32 seats and two seats for Ladakh Region. In fact such report was an eye wash. Again the people of Jammu region having felt grievously deceived by the fanciful Act of the State Government held agitations and protests, in consequences of which a Delimitation commission headed by Justice Janki Nath Wazir was constituted by the Jammu and Kashmir under SRO 537 of December 2nd 1981. Instead of going for the Delimitation of the Assembly Segments as was pressed into service in true spirit of section 4 of the J&K Representation of people Act 1957, unethical exercises went on in Delhi circle to deny political justice to the people of Jammu. However a Delimitation Commission headed by Justice Mian Jala-ul-Din(Judge J&K High Court) was notified for Delimitation of J&K Assembly segments on 4.4 1989. Despite Series points raised by Thakur Baldev Singh, Prof Chaman Lal Gupta, Sh Rishi Kumar Koushal, Veteran leader for Bhartiya Janta Party no weight age was accorded by the said Delimitation Commission. The redundancy of Justice Main Jalal-ud-Din Delimitation Commission invited the contingency of reconstitution of the new commission headed by Justice K.K Gupta under SRO 52 of 1991. Based on its report under order No1 dated 27-4-1995, the divided Assembly Constituencies of J&K State to 87 Segments with District wise break up based on 1981 census as;
Although the area of Jammu region lacks the basic amenity of communication and other like facts even as the proportional population basis arriving at state level excluding Ladakh, population of 70518 require one seat of which Jammu became entited to 39 seats but where as Kashmir region only 44 seats. On the other hand based on the area of constituency of the state works out to 508.32 sq kilometer per seat based on which Jammu region having an area of 15948 sq meters is entitled to only 51 seats but where as Kashmir province with an area of 15948 sq km is entitled to only 31 seats. However by taking mean of both population base and area of the constituency in a fair play and Justice Jammu region is entitled to get 45 seats but where as Kashmir province is entitled to 38 seats only out of the 83 seats presently earmarked at the present time for both Jammu and Kashmir region a part from 4 seats for Ladakh Region.
The Democratic system of the State in fact was subverted and hijacked by the Shiekh Abdullah Government in the year 1951 itself by not only creating a discriminative distribution of Assembly and Parliamentary seats but by way of whole some rejection of nomination papers especially of the Jammu based Non-NC-Candidates 46 out of 54 candidates across the State the reports of which were duly communicated by Pt. Prem Nath Dogra, the then President of Praja Parishad to the then President of India but of no avail. Again Farooq Abdullah Government to scuttle the system of Delimitation, the last ray of hope for the political justice to the Jammuites, again abused his political strength by getting 29th constitutional amendment Act passed on 23.04.2002 where by the constitution of State Legislature Assembly under section 49 of the Jammu and Kashmir constitution and its delimitation periodically as envisaged under section 4 of the J&K Representation of people Act 1957 was totally banned by way of conspiracy meaning there by the due census conducted after the year 2026 as published meaning there by the due census of 2031, the report of which may come before the public after about two years exercise i.e after operated census of 1981, the census of 2031 i.e half century shall operate which itself express the malicious intent of Kashmir centric leaders.
Time is ripe for expunging the provision of ban on holding Delimitation of J&K State Legislature Assembly constituency as imposed under section 43(3) of the J&K State constitution by placing before the Indian Parliament of India, the Sovereign Institution of our great Republic besides extending the protection of International Laws bestowing right to live and hold property anywhere across the nation.