On Friday, the Delimitation Commission clarified that its role was limited to delineating additional seats and that the 24 seats reserved for Pakistan-administered Kashmir would remain vacant in strict accordance with the Jammu and Kashmir Reorganisation Act, 2019.
Concerns that the exercise was pre-planned “should be shunned now,” the Commission said at a press conference before wrapping up its four-day visit to Jammu and Kashmir.
Sushil Chandra, India’s Chief Election Commissioner, stated that the Delimitation Commission’s final report would be based on the 2011 Census.
While delimiting seven additional seats for the Assembly of the Union Territory (UT), he said the Commission will also take into account topography, difficult terrain, means of communication, and convenience available, in addition to granting reservation to the Schedule Tribe (ST) and Schedule Caste (SC) communities.
“Delimitation is not a mathematical exercise, as the Supreme Court has stated. “Though the population forms the base (for delimitation), the Commission shall take into account constituencies’ practicality, geographical compatibility, topography, physical features, means of communication, and convenience available,” he said, according to Kashmir-based news agency GNS.
According to him, the 1995 delimitation was based on the 1981 Census and only took into account 14 districts.
“As per section 62 of the Jammu and Kashmir Reorganisation Act, 2019, (this) delimitation was constituted in 2020 to carry on the exercise on the basis of the 2011 census,” he said, adding, ““In 1995, there were 12 districts.” The number has now risen to twenty. There are now 270 tehsils, up from 58 previously. According to him, constituency boundaries are extended beyond the district’s limit in 12 districts.
“In Constituencies, there is an overlapping of districts and tehsils. All of these facts indicate that such anomalies cause public inconvenience.’
Chandra also clarified that the 24 seats reserved for Pak in this process would not be delimited.
“Twenty-four seats in the Legislative Assembly of the Union territory of Jammu and Kashmir shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly,” he said, referring to section 14 of the Act. “The said area and seats shall be excluded in delimiting the territorial constituencies as provided under PART V of this Act,” he added.
He added that the commission will also specify the number of seats in the UT Legislative Assembly that will be reserved for the SC and ST. “This will be the first time in J&K that seats for the ST will be reserved,” he said.
He explained that section 60 of the Act specifies the number of seats in the Legislative Assembly to be reserved for Scheduled Castes and Scheduled Tribes, taking into account the relevant provisions of the Constitution.
He went on to say that the Act requires, among other things, that all constituencies be geographically compact areas as much as possible, and that when delimiting them, physical features, existing administrative unit boundaries, communication facilities, and public conveniences be taken into account.
“As a result, the delimitation must take place during the 2011 census.”
He said the Commission had taken into account the representations of 290 groups, totaling 800 people, in arriving at a final draught.
“A draught report will be prepared, with the associate members’ suggestions taken into consideration. After that, it will be open to the public for discussion. The final draught will be prepared only after the new comments have been received. People in general will be given the opportunity to consider all points of view,” he stated.
“If it was true, we would not have held such broad-based consultations,” Chandra said, referring to the Peoples Democratic Party’s accusations that the panel’s decisions were pre-planned. Such fears, in my opinion, should be avoided right now. The purpose of visiting Srinagar, Pahalgam, Kishtwar, and Jammu in J&K was to learn about people’s perspectives. People from all over the world were able to share their struggles. They were all pleased with the outcome.”
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