Recently the process of delimitation of Jammu and Kashmir region has started. In which the ‘Jammu and Kashmir Delimitation Commission’ has said that its final report will be prepared on the basis of 2011 census.
Before the special status of Jammu and Kashmir was not abrogated in 2019, its delimitation was government not by the Indian Constitution and Parliament-legislated delimitation laws but by the Jammu and Kashmir Constitution and Jammu and Kashmir Representation of the People Act, 1957.
Delimitation Process in J&K:
- It may be noted that the first delimitation process in Jammu and Kashmir was executed in the year1951 by a delimitation committee, under which, the erstwhile state was divided into 25 assembly constituencies.
- After this, a Delimitation Commission was constituted for the first time in the year This commission submitted its recommendations in the year 1995 on the basis of the 1981 census. After this, there has been no delimitation in the state so far.
- But in the year 2020, a ‘Delimitation Commission’ was constituted for Jammu and Kashmir, to do the delimitation on the basis of the 2011 This commission was ordered to add 7 more seats in the union territory and to give reservation to the Scheduled Castes and Scheduled Tribes communities.
- After this new delimitation, the total number of seats in J&K will be increased from 83 to These seats will be in addition to the 24 seats reserved for ‘Pakistan Occupied Kashmir’ (PoK) and all these seats will be kept vacant in the assembly.
Need for delimitation in Jammu and Kashmir:
- Under the provisions of the Jammu and Kashmir Reorganization Act, 2019, the Jammu and Kashmir Delimitation Commission was constituted by the Central Government on 6 March last year to re-delineate the Lok Sabha and Vidhan Sabha constituencies in the Union Territory.
- It may be noted that according to this act, the state was divided into the Union Territories of Jammu and Kashmir and Ladakh.
What is ‘delimitation’?
‘Delimitation’ means ‘the process of determining the demarcation of territorial constituencies in a state having a legislative body’.
Execution of the ‘Delimitation Process’:
- The process of delimitation is done through a highly empowered commission. This commission is formally named as Delimitation Commission or Boundary Commission.
- The orders of this commission have the same powers as the law, and cannot be challenged before any court.
Composition of the Commission:
Under the ‘Delimitation Commission Act’, 2002, the Delimitation Commission appointed by the Central Government consists of 3 members. These include serving or retired judges of the Supreme Court as Chairman, and the Chief Election Commissioner as ex-officio members and the Election Commissioners and State Election Commissioners nominated by them.
Constitutional Provisions:
- Under Article 82 of the Constitution of India, a ‘Delimitation Act’ law is enacted by the Parliament of India after every census.
- According to Article 170, after every census, the states are also divided into territorial constituencies under the Delimitation Act.
Source – The Hindu
