Delimitation in JK: Agenda and Realities
A A Latief UZaman Deva
Challenges and remedies
Usuallytheconstitutional and statutory bodies at national level and in the States are embodiment of demography but for quite some time now the underlying principle is amiss in favour of the majoritarian mind-set. The Asian/African candidates elected to the legislative bodies in USA and Europe brings joyous momentum to us without appreciating the receptivity of the Political parties in the foreign countries to broad base their political systems by having regard for demography as admittedly it is by dint of local populace the immigrants and their succeeding generations saddle in cozy chambers of respective legislatures.
Latest instance is election of Kamla Harris, born in USA of immigrant parents with Jamaican father and Indian mother, as Vice president even as the black population in the Country is around 13.4% only. Incidentally Rahul Ghandi &Priyanka Ghandi born in India of Indian father and Italian mother are not lucky as Kamla is perhaps owing to the civilizational gaps and continue to get dubbed as foreigners by those celebrating electoral success of even persons of Indian origin in foreign countries. India Muslims constitute 14.5% of the total population of the country but their representation in the Lok Sabah has rarely exceeded 4% barring once and resultantly the elected members from the community remain pegged around 15 to 25 as against the due share of about 80.
The reason for dismal representation is due to dispersal of Muslim population across the country without a definite territory inhabited by them overwhelmingly. With the same handicaps in foreign countries for the outsiders it is the accommodating political philosophy of the local governments which enables Asians to be leaders in countries not their father or mother lands or sacred insofar as their faiths are concerned. In India to distribute party tickets in conformity with the demographic features would decimate the concerned Party unless its application assumes multi-partisan support.
In the sub- continent people believe in hero worship and therefore the credentials of the candidates matter little. The leaders leading the parties are crowd pullers and general electors vote for the candidates as minions of party leadership but denying the mandate to candidates from the minority is portrayed as the biggest achievement easily absorbed by the gullible people. This brings out the difference about the convictions for adherence to respect the demography between white men and the Asian governments.
While constituting the Delimitation Commission (DC) by central Governments, directly ruling the UT of J&K for the last over two years, in the aftermath of 5th August development the nature of the composition should have been re-assuring as the mandate for the new DC concerns Muslim majority UT.
In the distraught overtaken people even the transfer of the Chief Electoral Officer following the constitution of the DC has given rise to the conjectures as the commoners are least aware of the ethos of the IAS officers who are supposedly to be guided by the Constitution and rulebooks unless someone may be a rogue or a fanatic unmindful of his/her position bedecked in neutrality and impartiality.
In the past almost all Commissions instituted in the erstwhile state were headed by non- Muslims as strong confidence building measures even on occasions the exercises aimed at addressing the problems of the minority community albeit imaginary as invariably established in reports submitted which have gone unrebutted till date. Under these circumstances the DC should be and also seen to be neutral and impartial especially when people have become hopeless and are in dire need of positive vibes to embrace the consequences of lack of such a position can well be grasped.
The dichotomy in the data about migrant population remains unresolved even after Census 2011 which reflects 116750 Kashmiri population outside the State and 91733 and 7203 in the Districts of Jammu and Udhampur the inclusion of limited non- migrant Kashmiri population therein can’t be ruled out. Contrary to the population the number of migrant voters is 93373 only and applying the matrix of 60:40 but higher than the national average due to factors of life expectancy and low infant mortality the migrant population meriting inclusion in the demography of Kashmir Division comes to135190.
Since the migrant population is to be included with the population of Kashmir Division for being registered as voters therein the population of said Division shoots up to 7023665 from 6888475 excepting the migrants settled outside the State and not registered as voters in the local Electoral Rolls and the population of Jammu Division gets reduced to 5236348 from 5371538 by excluding the Kashmiri population of Jammu and Udhampur Districts. At the average population of 136300 per Assembly Constituency the Kashmir Division ought to have 51 seats @ 137718and Jammu Division 39 @ 134265.
After the delimitation of the Assembly Constituencies in 1995, the State Governments during the year 2006-07 created 08 new Districts namely Kulgam, Shupyan, Ganderbal, Bandipora, Ramban and Kishtwar, Reasi and Samba out of the Districts of Anantnag, Pulwama, Srinagar, Baramulla, Doda, Udhampur and Jammu respectively.
There are Assembly Segments falling in more than one district like Homshalibug and Devsar in Anantnag and Kulgam, Sumbul Sonawari in Bandipora- Ganderbal, Chadoora in Budgam and Srinagar, Gool-Arnas in Reasi and Ramban, Ramban in Ramban and Doda, Inderwal in Doda and Kishtwar and Hiranagar in Kathua and Samba.
Since the new Districts came into being after marathon meetings and deliberations ever since the report submitted by Wazer Commission in 1983 for rationalisation of the administrative units, it would be advisable to maintain the existing boundaries of the districts by retaining the main Constituencies in the respective Districts and portions falling in nearby Districts to be excluded from the existing Constituencies for adjustments in the Districts to which they currently belong to.
However, while proceeding in the manner suggested the Constituencies in new Districts may suffer shortfall viz the average population fixed across the board in the UT which can be overcome notionally by the surpluses in remaining constituencies situated in the natural region / sub-region / areas with historicity. By way of an illustration the population of Kulgam District is 430573 and on the basis of average population @ 136300 fixed for Constituencies it falls short by 111439 in toto for 04 Segments of Noorabad, Kulgam, Homeshalibugh and Devsar falling in the said District which is addressed by the surpluses available in Maraz comprising of Districts Anantnag, Kulgam, Shupyan and Pulwama even after increasing one Assembly Segment in District Anantnag raising the no of Constituencies from 06 to 07 by inclusion of areas from Homshalibug and Devsar otherwise falling in the said District. The population of Maraz is 2380550 and the average population per Constituency works to 140032 for 17 Segments above than UT average of 136300 (16 existing and 01 proposed for Anantnag). In regions like Chenab Valley and Peer Panchal, apart from the population factum the “other factors’’ are singularly applicable provided there are no hiccups as in such a dispensation the apple- cart merchandised as a dream shall come to a grinding halt.
Possibilities as a way out
The delimitation should be intra-districts except where inevitable like in respect of Rajouri and Punch Districts and number of existing Assembly Segments not to be disturbed and wherever shortfalls viz the average population per Constituency fixed are considerably higher the surpluses made use of from adjoining Constituencies in the natural region or homogeneous areas locally designated as separate areas.
The Sikh community with Population of 234848 is spread throughout the UT without any prospect for getting elected unless Political parties sponsor a candidate from the community and to overcome the baffling problem areas around Nanak Nagar in Jammu District could be carved out for the purpose although the composition of the electorate in the said area shall continue to be multi- linguistic. Similarly the population of Pandits ought to be around 03 lakhs @ 5% of the Valley population as has been the scenario right from Census 1901 but on the strength of persons registered as voters their population doesn’t seem to exceed 135190 in the 10 Districts and the remaining may have left the State/UT for good or are disinclined to participate in electoral processes back home due to cumbersome procedures for registering themselves as voters.
To lend meaning to the continued registration of migrants as voters in the Valley the Assembly Segment Habakadal need be broad based by providing options to them to register as voters in the said constituency. But the argument is bound to boomerang in rest of the country where Muslims in UP with 20% population don’t get 90 berths in the State Legislative Assembly but a paltry no of 10 to 15. The State of affairs in Lok Sabah and other states is not different in any manner. A solitary example in Sikkim where sans territory one seat in the Legislative Assembly has been reserved for 2900 monks as electors but this legislative aberration can’t be generalised in view of the far serious consequences on the body Polity of the country.
Even as the distribution of 90 seats on average population of 136300 per Constituency between the two administrative Divisions in the ratio of 51+:39- shall be perfectly lawful and factual but special geographical features of the Chenab Valley ,Peer Panchal and Udhampur call for mutual accommodation amongst all the stakeholders of the 04 natural regions and therefore the entitlement between the two administrative Divisions of Kashmir and Jammu could be 50:40 @ 140472 and 130908 population respectively. The district wise Status on the basis of population could be as under:-
| District | Population | Existing no of seats | Addition | Average population |
| Kupwara
Baramulla Bandipora Srinagar Ganderbal Budgam Anantnag Kulgam Shupyan Pulwama Kishtwar Doda Ramban Udhampur Reasi Kathua Samba Jammu Rajouri Punch |
882354
1021039 393432 1286829 300446 758745 1108692 430573 271815 569740 230696 409936 283713 547755 314667 616435 318898 1438225 642415 476835
|
5
7 3 8 2 5 6 4 2 4 2 2 2 3 3 5 2 11 4 3 |
1(5+1)= 6
– – 1( 8+1)= 9 – 1(5+1)=6 1(6+1)=7 – – – – 1(2+1)=3 – 1( 3+1)=4 – – – – – 1(4+3)=8 |
147059
145862 131144 142981 148723 126475 158098 107643 135907 142435 148723 126457 158098 136938 104889 123287 159449 130744 {160603}☆ {139906}☆ |
☆Inter- DistrictPunch & Rajouri average is 158945
Analysis and Conclusions
With the availability of all its Patwar Halquas from Devsar and Homshalibug Segments otherwise falling in District Anantnag their adjustment with adjoining Assembly Constituencies of Bighbarah, Anantnag and Doru is necessitated leading to carving out a new Constituency by splitting Anantnag into 02 with nomenclature of Anantnag South and Anantnag North. As a result of considerable area from Chadoora falling in District Srinagar the rejig in territorial limits of Sonuer, Amerakadal and Bathmaloo etc shall sprang into emergence of the 9th Constituency and in the same manner by extrapolation of respective areas from Srinagar, Budgam and Baramulla the 6 the Constituency shall become a reality for Budgam Districts.
The two parallel sides along the major transit corridor of Kupwara halves the said Constituency into two sections and accordingly the new Constituency of Kralgund emerges with inclusions and exclusions from nearby contiguous other Assembly Segments. Doda with existing 02nd Constituencies is a ripe case for accretion of a 3rd one by intra-District territorial adjustments and this shall apply mutatis mutandis to Udhampur Districts. As the twin Districts of Punch and Rajouri in Peer Panchal region are bastions of Pahari and Gujjar communities and in the backdrop of not less than 04 Assembly Segments in the region getting reserved for Gujjar and other tribals already notified as schedule tribes the creation of an inter-Districts constituency is called for, as an exception to the main principle on the grounds of the magnitude of surplus population and rugged terrains surrounded by lofty cliffts, in northern and southern areas of Bafilyaz encompassing the two Districts which would also be a respite for non- ST population of about 62% to contest elections in the remaining 04 Segments.
The proposed apportionment of seats shall largely satisfy all competing interests primarily owing to the compliance with law. At macro level the share of Muslims and Hindus from out of 90 seats ought to be 63 and 25 respectively but the spread of population and concession proposed from Valley makes it 62 and 25 and remaining 03 susceptible to electoral upsets at the hustings. After excluding the Kashmiri migrant population the Hindus and Muslims Constitute 61.93 % and 34% respectively of the total population of Jammu Division and the number of seats each of the two communities on the basis of Constituency wise demography from out of the 40 shall be 25 against 24 and 12 against 13.5 with 03 enjoying wafer thin edges and can slip from either community depending upon the political discourse during the campaigns for elections.
The Sikhs population in Jammu Division is 176635 and those of Pandits by reference to the electoral rolls 1305190 in Kashmir Division and being spread across the Constituencies in the respective Divisions can’t by themselves elect candidates from their communities. The Political Parties as a matter of convention would do well by fielding Candidates from Sikhs and Pandits from Ghandinagar and Habakadal.
In principle the religious orientation to the delimitation and the elected candidates is antithesis to the Constitution stipulating India as a secular country but realities especially those engulfing the country in recent past can’t be pushed under the rugs where denying mandate to the largest minority in national and State elections is by itself a momentous measure goading the gullible electorate in favour of divisive and hate mongers.
Earmarking of ST constituencies
Out of 12.75 lakh ST population the Gojer are 11.35 lakhs and the remaining are Gadhi, Shena and others. The existing assembly constituencies with more than 10% of ST population are Gurez 81.84, Darhal 48.39, Kalakot 46.09, Mendhar 39. 69, Punch Haveli 38.32, Rajouri 37.64, Surankot 33.50, Gulab-garh 37.26, Kangan 32.58, Gool-Arnas 29.14, Kokernag 27 Nagrota 25.78 Bani 24.5, Inderwal 23, Gulmarg 22.65, Pahalgam 18.5, Chenani 16.66, Reasi 16,. Shupyan 16, Noorabad 16.5, Ramban 14.53, Bhaderwah 14.17, Lolab 13, Nowshera 11.36, Karnah 11, and Shangaus 10.75.The allocable no of Constituencies for ST @ 10 % of the total population from out of 90 Assembly segments works out to 09 and sheer size of ST population in each constituency would result in 3 each from Punch and Rajouri Districts, 01 each from Ganderbal and Reasi Districts and 01 from Bandipora but having regard to the spread of population across the State, the 02 Divisions and the 20 Districts instead of 03 each from Punch and Rajouri it could be 02 each only and the 02 becoming available @ 01 each earmarked on the basis of intra-Division position about political empowerment and geographical features of the ST concentrated habitations meriting Bani in Kathua and Kokernag in Anantnag Districts. The proposed distribution comports with the Division and region wise spread of ST population in the UT and the suggested apportionment based on law, precedents in the UT and in rest of the Country for State Assemblies including the Lok Sabah may result in increase and decrease in the population of STs in some Assembly Segments but is unlikely to alter the profile of most of them.
However the operational impact of reservations in the Assembly for ST communities provides an occasion for those refusing to come out of the cocoon of ethnicity, virtually apartheid practiced in Peer Panchal, for extraneous reasons as it is ST vote Bank which shall be divisible amongst the contesting only ST candidates in the changed electoral system and non- STs largely to decide the outcome at the hustings. The all-embracing outreach of Community leaders like Haji Buland Khan and Choudhury Mohammad Hussain initially their fulcrum from 1975 to 2002 need be emulated which in recent years has been exemplified by Mia Altaf in Kangan where the debates during the campaigns were on all contemporary subjects excepting linguistic profiles of the leaders and their supporters/ contesting candidates.
Delimitation of Parliamentary (Lok Sabha) constituencies
The five parliamentary constituencies in the union territory should broadly be retained in the form they are at present. However, in case the delimitation is inevitable in order to bring about uniformity in the population per parliamentary constituency and to earmark a constituency by reservation for Scheduled Tribes, it is proposed as under.
- Each of the five parliamentary constituencies should invariably have a population of more than 20 Lacs (based on the formula: population/no. of constituencies) At present, the population of Baramulla, Srinagar, Anantnag, Udhampur and Jammu parliamentary constituencies is 22,96825/-, 2343020/-, 23,80820/-, 2403229/- and 2876373 respectively.
- A tribal parliamentary constituency comprising of districts Poonch, Rajouri, Reasi, and Udhampur should be propose1232878 the existing parliamentary constituency Jammu to comprise of districts Jammu, Samba and Kathua.
- The three Chenab Valley districts should be included in the parliamentary constituency Anantnag and four legislative assembly constituencies of district Pulwama excluded from Anantnag parliamentary constituency for inclusion in parliamentary constituency Srinagar. Further, two legislative assembly constituencies of district Ganderbal to be included in parliamentary constituency Baramulla.
- The total population of such new parliamentary constituencies will be as under:-
| S. No. | Parliamentary Constituency | Districts comprising such parliamentary constituency | Population in the new parliamentary constituencies |
| 1. | Srinagar | Srinagar, Budgam, Pulwama | 2612314 |
| 2. | Anantnag | Anantnag, Kulgam, Shupyan, Ramban, Doda, Kishtwar | 2735425 |
| 3. | Baramulla | Baramulla, Bandipora, Kupwara, Ganderbal | 2597271 |
| 4. | Jammu | Jammu, Samba, Kathua | 2373558 |
| 5. | Udhampur (Tribal constituency) | Udhampur, Punch, Rajouri, Reasi | 1988902 |
The non-involvement by the political parties or at least by other social activists in the matters connected with the proceedings of the DC shall be self-defeating as its outcome is beyond the scope for challenging in the Courts.with grapevine suggesting the creation of the Election Commission in JK on the analogy of the position in some States & eventual appointment of the existing Election Commissioner, appointed under J&K Panchayat Raj Act 1989, as Election Commissioner replacing the Chief Electoral officer in the DC all the three shall be the persons actually the nominees of the ruling party notwithstanding under the subterfuge of two members being in the DC by virtue of Offices held by them one being the Election Commissioner of the Election Commission of India and other the UT Election Commissioner but appointment of both effectuated post retirement by the central Govttin a partisan process followed for the purpose.
The participation by regional Parties in tier 3rd of the de-centralised Planning &Development hierarchy is undoubtedly sans impact on their disapproval of the unconstitutional, illegal and non-transparent measures of the Govtt of India taken on August 5, 2019which also holds true for pleading before the DC for just apportionment of the 07 additional seats in conformity with law laid down by the Parliament.
(The write-up figured in two episodes. This portion is the concluding part. The author is an IAS (Retd ) and former Chairman of the J&K Public Services Commission. He can be reached on aaluzdeva_221256@ymail.com)
