Delimitation in Jammu & Kashmir: Legal Issues and Political Impact
- ByAdmin --
- 20 May 2025 --
- 0 Comments
Delimitation—the process of redrawing boundaries of electoral constituencies—has been a significant and sensitive issue in Jammu & Kashmir (J&K), especially after the abrogation of Article 370 in August 2019. This article explores the legal complexities and political ramifications of delimitation in the region, which plays a crucial role in shaping its democratic representation.
What is Delimitation?
- Delimitation refers to the act of redrawing the boundaries of parliamentary or assembly constituencies based on the latest census data.
- It aims to ensure equal representation by adjusting constituencies according to population changes.
- The Delimitation Commission—an independent body—undertakes this exercise under the Delimitation Act, 2002.
Legal Context in Jammu & Kashmir
- Jammu & Kashmir enjoyed special autonomy under Article 370, which was abrogated on August 5, 2019, through a Presidential Order and parliamentary resolution.
- The state was reorganized into two Union Territories—J&K with legislature, and Ladakh without legislature—via the Jammu & Kashmir Reorganization Act, 2019.
- Post-reorganization, the Central Government set up a Delimitation Commission in March 2020 specifically for J&K.
- The commission’s mandate includes redrawing assembly and parliamentary constituencies to reflect population shifts.
Legal Issues Surrounding Delimitation
1. Constitutional Validity and Jurisdiction
- Questions arose regarding the commission’s authority given J&K’s previous special status.
- The Supreme Court upheld the Union Government’s power to form the commission after Article 370’s abrogation.
- The exercise is backed by the Delimitation Act, 2002, which empowers delimitation in Union Territories.
2. Use of 2011 Census Data
- Delimitation is based on the 2011 Census rather than the 2001 Census, which was previously used for delimitation freeze.
- This allows adjustment according to recent demographic changes, but some political groups contest the accuracy and fairness of census data.
3. Reservation of Seats
- The commission also determines seat reservations for Scheduled Castes (SC) and Scheduled Tribes (ST).
- In J&K, this raises complex questions about representation for various ethnic and regional groups.
4. Judicial Challenges
- Various petitions have been filed challenging the delimitation process, alleging bias and political motives.
- Courts are yet to deliver final verdicts on many of these challenges, keeping the legal debate alive.
Political Impact of Delimitation in J&K
1. Change in Electoral Representation
- Delimitation may alter the number of assembly seats from Jammu, Kashmir Valley, and Ladakh, affecting political power balance.
- Jammu region, with a growing population, is likely to gain more seats compared to the Kashmir Valley, which may reduce the latter’s relative influence.
2. Impact on Regional Parties
- Political parties like the National Conference and PDP, strong in Kashmir, have expressed concerns that delimitation may dilute their electoral strength.
- Jammu-based parties and leaders generally support delimitation, seeing it as correcting past imbalances.
3. Effect on Communal and Ethnic Relations
- Redistribution of constituencies may impact the representation of various communities, potentially intensifying ethnic and communal politics.
- Fair delimitation is crucial for maintaining peace and democratic inclusiveness.
4. Influence on Future Elections
- The delimitation process sets the stage for the first assembly elections in the Union Territory of J&K post-reorganization.
- Political alliances and campaigning strategies are being reshaped in anticipation of new constituency boundaries.
Constitutional and Legal References
- Article 370 – Previously granted special autonomy to J&K (abrogated in 2019).
- Jammu & Kashmir Reorganization Act, 2019 – Reorganized the state into two Union Territories.
- Delimitation Act, 2002 – Governs the process of delimitation.
- Article 324 – Empowers the Election Commission in the conduct of elections.
- Relevant Supreme Court rulings affirming the constitutionality of the delimitation commission.
Conclusion
Delimitation in Jammu & Kashmir is a legally complex and politically sensitive process with far-reaching implications for democratic representation and regional stability. While the legal framework empowers the Central Government to undertake delimitation post-Article 370 abrogation, political concerns about regional balance and fairness persist. The final shape of electoral constituencies will influence the future political landscape of Jammu & Kashmir, impacting governance and peace in the region.
RELATED Blog
0 comments