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| Delimitation in Jk: Jammu's Right | | | Dr. Abhirut Thakur
An appeaser is one who feeds a crocodile, hoping it will eat him last. These are the words of former Prime Minister of England, Winston S Churchill.
The princely state of Jammu and Kashmir which joined Republic of India post signing of Instrument of Accession by Maharaja Hari Singh on 26/10/47, has mostly seen instability since it’s union with the UNION. Why did i quote Winston Churchill here ?
Problem of separatism in Kashmir had always been there since early 20th century. But from period post accession till 1987, although there were surely many sporadic incidences of violence in Kashmir. But there was never any organised insurgency. This was the period when Government of India (GoI) was dealing with one guy in valley Sheikh Abdullah ; who sometimes would support, sometimes won’t; the GoI.
After his death, Dr. Farooq Abdullah (son of senior Abdullah ) took over the reigns. He initially was Anti GoI. But in 1987, he announced alliance with Late Ex PM Rajiv Gandhi and this alliance was involved in the famous alleged rigging of 1987 elections. It’s a widely held opinion that this rigging intensified the separatism in Kashmir, especially by those who lost the elections. So, GoI which had been feeding the crocodile anything and everything didn’t know that one day, the crocodile will come after it as well.
Post 1987, this state has seen the worst possible violence which resulted in thousands of lives being lost, migration of a whole community out of Kashmir ( Kashmir Pundits ) and progressive accumulation of trust deficit between the current citizens of valley and GoI.
The concept of blanketing the people’s will in Jammu and Kashmir : The topic of separatism amongst Kashmiri muslims is vast and can’t be covered here. But one thing that is relevant to this article is that consecutive GoIs post independence upto till 2014 have not tried to address issues of common people in the state including separatism tendencies in the valley. While there was previously appeasement of one person, then one family and then many power centres in Kashmir; appeasement has always continued which lead to trust deficit and increased islamisation in valley and all this time, discrimination with people of Jammu and Ladakh. So, in one way GoI has been putting blankets over the skeletons year after year. Post 2014, when GoI changed approach towards Kashmir also has seen a change. It suddenly felt as if insurgency has increased in Kashmir. But, actually it had always been there just the things got out in open.
After giving the reader a bit of touch of history, now i will focus on the the Delimitation Act and discrimination with people of other regions of the state: Jammu and Ladakh.
The last time a delimitation exercise took place in the state was also under President’s Rule in 1995 by the Justice (retd) KK Gupta Commission. Incidentally, the Constitution provides for delimitation every 10 years, the next delimitation of assembly constituencies should have logically taken place in 2005.
However, in 2002, the Farooq Abdullah government chose to freeze delimitation until 2026 by amending the Jammu & Kashmir Representation of the People Act 1957 and Section 47(3) of the Constitution of Jammu & Kashmir. As per NC ( Omar Abdullah’s social media posts yesterday) it was done to bring Jammu and Kashmir in line with freezing of Delimitation in rest of India post amendment of Article 82 and Article 170 of Indian Constitution by GoI until the first census is taken after the year 2026.
Whereas the motto of GoI to freeze delimitation till 2026 was due to it’s family planning programmes implementation disparities (basically, some of the states in India had implemented family planning programme effectively eg: Tamil Nadu vs others like Uttar Pradesh. So, implementing delimitation every decade, even when states like UP had high population growth rates would have give them disproportionate representation with increasing seats every 10 years. And states like Tamil Nadu would have suffered despite effectively controlling population growth rate.), Farooq Abdullah amended Constitution of Jammu and Kashmir (which is separate from Indian constitution) in 2002 for most likely his own personal gains (which is in a way fair as he has to serve his own political interests) to sustain the dominancy of kashmir centric parties. He very well knew, population of the regions has changed and if another delimitation exercise happens in 2005, The seat proportion existing between various regions would change and hence NC being a kashmir centric party will suffer.
One needs to be mindful that the Constitution of Jammu and Kashmir, enacted in 1957, was based on the Maharaja’s Constitution of Jammu and Kashmir of 1939, which was still in force. After accession to India, the State Constituent Assembly was constituted under the 1939 Constitution, but Sheikh Abdullah’s administration arbitrarily carved out 30 seats for Jammu region and 43 seats for Kashmir region and two seats for Ladakh region. This regional disparity became entrenched thereafter: Kashmir (46), Jammu (37) and Ladakh (four).
After amendment of Jammu and Kashmir constitution, it was challenged by Professor Bhim Singh in High court as well as Supreme Court. But the judiciary at both places was of the opinion that delimitation is the domain of the legislature and it won’t like to interfere.
The revived interest in delimitation has come after news coming on various news platforms that new Home minister of India is very much keen to do so this in Jammu and Kashmir. His motivation comes from the fact that, BJP his party is mainly Jammu and Ladakh centric. Jammu despite having more population and more area has not been given due political representation in state legislature which it rightfully deserves. If he implements this, which people of Jammu rightfully deserve, it will also serve political interests of his political party.
Some sections of politicians have enjoyed the fruits of unfair advantage given to Kashmir region which is expected to last till 2026+. But if the current GoI wants to give level playing field to all JK inhabitants including Gujjars and West Pak refugees, it should be welcomed by all. Yes this motivation of GoI comes from it’s own political interests in the state. But is it fair to criticize GoI when discrimination with Jammu has been somewhat legitimized by previous state governments and GoI?
The problem of insurgency, alienation and separatism in Kashmir is a very complex yet separate issue. That should not become a reason for unfair advantage being given to Kashmir region at the cost of affecting rightful rights of Jammu and Ladakh.
What is the legal position on this?
Section 91 of JK constitution gives Governor the right to pass ordinance and nullify the amendment made previously. Judiciary has already made it’s stand clear that it’s up to the legislature to decide so it won’t interfere with the ordinance and there are precedence available too. When in circumstances, when there is no state government (like currently JK is under President’s rule), Governor has all the powers to pass an ordinance (Section 91 of JK constitution and Article 213 of Indian constitution).
If this ordinance is passed before JK state assembly elections planned to be held later this year, the legislators elected will represent people of the state truly (including representation given to backward castes and communities). The hegemony of Kashmir centric parties has to end as this state is Jammu and Kashmir not just Kashmir. |
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