The case for elections in Jammu and Kashmir
- Delimitation is the process of redrawing the boundaries of electoral constituencies to reflect changes in population.
- In India, the delimitation of Lok Sabha and Assembly seats is carried out by a Delimitation Commission, which is appointed by the President of India.
- The delimitation exercise in Jammu and Kashmir was significant for a number of reasons. First, it was the first time that the boundaries of Assembly seats in the state had been redrawn since 1995.
- Second, the delimitation exercise took place after the abrogation of Article 370 of the Indian Constitution, which had granted special status to Jammu and Kashmir. Third, the delimitation exercise was seen as a way to increase the representation of the Jammu region in the Assembly.
- The final delimitation report increased the number of Assembly seats in Jammu and Kashmir from 83 to 114.
- Of the 114 seats, 43 seats are in the Jammu division, 47 seats are in the Kashmir division, and 24 seats are reserved for areas that fall under Pakistan-occupied Kashmir.
Here are key points regarding the delimitation process in Jammu and Kashmir:
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Constitutional Requirement: The delimitation of constituencies in Jammu and Kashmir is guided by the provisions of the Indian Constitution. Article 82 of the Constitution mandates that delimitation of constituencies for the Lok Sabha (the lower house of India's Parliament) be carried out after every census. Additionally, Article 170 mandates delimitation of constituencies for the Legislative Assemblies of States and Union Territories, including Jammu and Kashmir.
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Frozen Delimitation: Delimitation in Jammu and Kashmir had been "frozen" for several decades due to Article 370, which granted special autonomous status to the state. Article 370 allowed Jammu and Kashmir to have its own constitution and autonomy over matters of governance, including the number and boundaries of constituencies. This resulted in an imbalance in representation.
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Reorganization of Jammu and Kashmir: In August 2019, the Indian government revoked Article 370 and reorganized the state into two Union Territories, effectively bringing it under the direct governance of the central government. This change paved the way for the resumption of the delimitation process.
The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 is a bill introduced in the Parliament of India to amend the Jammu and Kashmir Reorganisation Act, 2019. The 2019 Act had reorganised the state of Jammu and Kashmir into two union territories, namely Jammu and Kashmir and Ladakh. The 2023 Bill seeks to make the following amendments to the 2019 Act:
- Increase the number of seats in the Legislative Assembly of Jammu and Kashmir from 83 to 114.
- Reserve 9 seats in the Legislative Assembly for Scheduled Tribes.
- Authorize the Lieutenant Governor of Jammu and Kashmir to nominate up to two members from the Kashmiri migrant community to the Legislative Assembly.
- Provide for the reservation of 3 seats in the Legislative Assembly of Jammu and Kashmir for women.
The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 is a bill introduced in the Parliament of India to amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989. The 1989 Order had listed 13 communities as Scheduled Tribes in Jammu and Kashmir. The 2023 Bill seeks to add four more communities to the list of Scheduled Tribes in Jammu and Kashmir, namely:
- Gadda Brahmin
- Koli
- Paddari Tribe
- Pahari Ethnic Group
The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment) Bill, 2023 is a bill introduced in the Parliament of India to amend the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956. The 1956 Order had listed 18 communities as Scheduled Castes in Jammu and Kashmir. The 2023 Bill seeks to add one more community to the list of Scheduled Castes in Jammu and Kashmir, namely:
- Valmiki (in the Union territory of Jammu and Kashmir only)
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Practice Questions
1. "Examine the historical context and consequences of the abrogation of Article 370 in Jammu and Kashmir. How has this move impacted the political, social, and economic landscape of the region?"
2."Discuss the significance of the delimitation process in Jammu and Kashmir. What challenges does it pose, and how might it influence the political representation in the Union Territory?"
3. "Critically analyze India's approach to resolving the issue of Jammu and Kashmir, including the abrogation of Article 370. Evaluate the international implications and domestic perspectives on this matter."
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