The recent submission of a final report by the Delimitation Commission for establishing Assembly and parliamentary constituencies in Jammu and Kashmir brought delimitation into focus. This process, the purpose behind the commission’s formation, and resultant changes have raised various questions and controversies.
The Delimitation Commission and its Purpose
The need for the Delimitation Commission emerged after the Jammu and Kashmir Reorganization Act, 2019 led to an increase in the number of Assembly seats. Previously, the state of Jammu and Kashmir hosted 111 seats. Post-2019, following the abrogation of special status, delimitation of all Assembly and parliamentary seats falls under the Constitution’s purview. The Delimitation Commission was formed on March 6, 2020, led by retired Supreme Court Justice Ranjana Prakash Desai.
Changes Made by the Commission
The commission made significant amendments to the structure of existing Assembly seats, increasing seven of them. These included six in Jammu (now 43 seats) and one in Kashmir (now 47). Five parliamentary constituencies were identified in the region with their boundaries redrawn, most notably for Anantnag and Jammu seats.
Moreover, the commission proposed the inclusion of at least two members from the Kashmiri Migrants community in the Legislative Assembly. They further recommended representation for displaced persons from Pakistan-occupied Kashmir who migrated to Jammu post-Partition. Additionally, for the first time, they reserved nine seats for Scheduled Tribes.
Controversies Surrounding the Exercise
Delimitation in J&K is contentious since it is the only region where constituency boundaries are being redrawn while the rest of India’s delimitation is frozen until 2026. Various factors peculiar to J&K were considered during this process, such as size, remoteness, and proximity to the border.
Implications of Assembly Seats Changes
The changes imply that 44% of the population residing in Jammu will vote in 48% of the seats, while the rest 56% living in Kashmir will vote in the remaining 52% of the seats.
Understanding Delimitation
Delimitation is the act of establishing or redrawing territorial constituencies’ boundaries in a province with a legislative body. It is carried out by an independent high-powered panel known as the Delimitation Commission, whose orders are legally binding and invulnerable to court questioning. The primary aim of this exercise is to ensure equal representation for population segments and fair geographical division.
Constitutional Basis for Delimitation
Under Article 82, post every Census, the Parliament enacts a Delimitation Act. Similarly, under Article 170, states divide into territorial constituencies per the Delimitation Act. Once the Act declared, the Union government establishes a Delimitation Commission. The first delimitation exercise was overseen by the President with the Election Commission’s assistance in 1950-51.
Composition of the Delimitation Commission
Appointed by the President of India, the Delimitation Commission collaborates with the Election Commission of India. Its composition typically includes a retired Supreme Court judge and the Chief Election Commissioner, among others. This crucial commission has been set up four times so far—1952, 1963, 1973, and 2002.