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| Delimitation holds key to BJP's fortunes in state | | | Asif Iqbal Naik
Jammu, May 18: After riding high on Modi wave, Bharatiya Janta Party's (BJP) mission Jammu and Kashmir (Mission 44+) will be a distant dream unless the delimitation commission report prepared by various commissions from time to time is implemented in totality. The implementation of the report is likely to tilt the balance in favor of Jammu region in Legislative Assembly as far as number of seats is concerned. It shall also open doors for Jammu based parties to rule the state for the betterment and upliftment of its areas and people.
Demands for fresh delimitation of assembly segments had been made at occasions, more particularly by the people from Jammu region. Bharatiya Janta Party did demand till 1994 some more seats for Jammu, but the number demanded earlier was always 38 to 39 out of 87. Few years ago some upward revision has been made by BJP following which state cabinet decided that the seats in the legislative assembly be increased by 25 % over and above the number of seats that are presently in Jammu, Kashmir and Ladakh regions.
The proposals are not constitutionally honest, still some leaders have instead of rejecting the proposals for region wise increase have demanded that the number of seats in assembly for Jammu and Kashmir regions should be same. It has been suggested that there should be 52 seats each for Jammu and Kashmir regions.
The J&K Representation of People Act (Act No. IV of 1957) favored that it should be given to each area and region and as per the provisions of the Act. Section 50 of Jammu & Kashmir Constitution did keep 14 (MLC) elected members in Legislative Council from Jammu Region and only 12 (MLC) elected members in Legislative Council from Kashmir Region. Section 47 did not set such criteria as regards MLAs.
In view of the fact that there are more elected seats (MLCs) in Legislative Council for Jammu region the seats in the Legislative Assembly should also be more for Jammu region as compared to Kashmir region. Whereas in total disregard to spirit and provisions under lying the Constitution of state Justice K. K. Gupta Delimitation Commission had ordered on 27-04-1995 37 MLAs for Jammu Region and 46 MLAs for Kashmir Region out of 87 Seats in Assembly.
Had the delimitation been truly done as per the Act, there should have been 46 seats for Jammu and 37 MLAs for Kashmir region and in case any amendment to Section 47 Sub Section-I of state Constitution is made to increase the number of total seats in the Legislative Assembly by 25 % i.e., from 111 to 139 (30 seats for POK under Section 48 of J&K Constitution and 109 seats for this side of state) it has to be on total basis and not regional basis.
A rational delimitation would then allocate 57 to 58 MLAs to Jammu Region and 46 to 47 MLAs for Kashmir region and 5 to 6 for Leh and Kargil. A detailed exercise for distribution of seats as per the requirement of J&K Representation of People Act has been presented in 1992/1993, much before Justice K. K. Gupta Delimitation Commission submitted the delimitation report in 1995 on the basis of which the present strength of the Legislature has been drawn.
Doda region, Udhampur and Kathua districts have been unfairly treated. The Representation of People Act 1957 was designed by its authors very logistically and scientifically. A lot of social science was applied while framing the Act, but spirit of the Act and Constitution of state has been violated by all the Delimitation Commissions so far constituted.
A representative of nearness to the people of the backward/ far flung areas is what the Representation of People Act 1957 had aimed at, but fair treatment to those from areas with lesser means of communication/connectivity has been denied so far and to be more particular people living in areas of lesser geographical compactness have been so far denied adequate number of MLAs in the state assembly.
In view of longer distance and difficult terrains the MLAs are not able to frequently reach the needy of their constituency. The monitoring of development programmes too has hence suffered. MLAs find it difficult to timely address to the problems of those who fall in their constituencies. The people of Doda, Udhampur, Kathua and Rajouri / Poonch have suffered the most over the years The people of Kupwara , Baramulla and Kargil too have suffered.
Despite his good work as chief minister Ghulam Nabi Azad failed to implement the delimitation commission report despite being the first Chief Minister from Jammu region. After massive mandate, both in the state and in the country, now the ball is in the BJP court to implement the delimitation commission report so that justice could be done with the areas falling in Jammu province of the state. |
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