J&K Delimitation Panel

February 14, 2023

Context:

Recently, the Supreme Court dismissed a challenge to the constitution of the Jammu and Kashmir Delimitation Commission to readjust constituencies in the new Union Territory.

Probable Question:

Q. How does the formation of a delimitation commission affect the voting process in a country?

Verdict of the Court:

The Court held that there is no illegality associated with the establishment of the Delimitation Commission while giving following reasoning:
- Articles 2 and 3 of the Constitution enable the Parliament to create new States and Union territories. Accordingly, the two new Union territories have been created.
- The J&K Reorganisation Act which created the two new Union territories assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act, 2002.
- The 2002 law made under Article 3 can always provide for readjustment of the Constituencies in the newly constituted States or Union territories through the Delimitation Commission.

Why was the commission set up?

Delimitation became necessary when the Jammu and Kashmir Reorganisation Act, 2019 increased the number of seats in the Assembly.
The erstwhile J&K state had 111 seats — 46 in Kashmir, 37 in Jammu, and four in Ladakh — plus 24 seats reserved for Pakistan-occupied Kashmir.
When Ladakh was carved out as a Union Territory, J&K was left with 107 seats, including the 24 for PoK.
The Reorganisation Act increased the seats to 114: 90 for Jammu & Kashmir, besides the 24 reserved for PoK.

Why has the exercise been controversial?

Reorganisation Act Subjudice: Political parties in Jammu and Kashmir have been pointing out that the Delimitation Commission is mandated by the Reorganisation Act, which is sub judice.
Different Parameters: Also, while delimitation as a rule is carried out on the basis of Census population, the Commission said it would take certain other factors into consideration for J&K, including size, remoteness and closeness to the border.
Constituency boundaries are being redrawn only in J&K when delimitation for the rest of the country has been frozen until 2026.

News Source: The Hindu