Lack of clarity over delimitation in J&K
Government sources indicated plans to entrust the task to a Delimitation Commission with a sitting or retired Supreme Court judge as chairperson. According to the Delimitation Act, the chief election commissioner, election commissioners nominated by the CEC and state election commissioner of the state/UT concerned are ex-officio members of this panel.
Section 60 of the J&K Reorganisation Act passed in August states that the delimitation of constituencies may be determined by the EC and lays down the manner in which it is to be done. However, Section 62(2) of Act says “readjustment of the constituencies as provided under Section 60 in the successor Union Territory of J&K into assembly constituencies shall be carried out by the Delimitation Commission, to be constituted under the Delimitation Act, 2002, as amended by this Act”. The following sub-section states the same about readjustment of parliamentary constituencies in the UT of J&K.
“There exists an anomaly between the two provisions, creating confusion as to who has the authority under the Act to conduct the delimitation exercise for UT of J&K. It seems to be because the Act was drafted in tight secrecy with minimum consultations and in haste,” an EC functionary said.
The government had earlier issued a notification correcting 52 minor errors, mostly in spellings, in the Act.
TOI has learnt that there have been discussions between the government and the EC on the anomaly in the Act regarding who will carry out delimitation. The poll panel reportedly declined to take charge of the delimitation process (as provided for in Section 60) in view of the anomaly, leading the government to consider the option of setting up a Delimitation Commission under Section 62.
“Such a Delimitation Commission will anyway have the CEC or election commissioner nominated by the CEC as member. So, the EC will very much be part of the delimitation process,” a government functionary said.
An EC official said if delimitation was to be done under the Delimitation Act, as provided for in Section 62 of the J&K Reorganisation Act, “what is the purpose of having Section 59 to 62, that lay down the delimitation procedure to be followed by the EC”.
The official also pointed out a flaw in the wording of Section 63 of the J&K Reorganisation Act, which states, “Notwithstanding anything contained in Sections 59 to 61, until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust the division of successor UT or J&K into assembly and parliamentary constituencies.”
The EC official said, “Section 63 negates the purpose of Section 59 to 62... possibly the word ‘notwithstanding’ could have been avoided.”
A home ministry official said Section 63 was included to remove any confusion about the scope for further revision/readjustment after the upcoming delimitation exercise, until after the 2031 census.
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References
- ^ Jammu and Kashmir (timesofindia.indiatimes.com)
- ^ Ladakh (timesofindia.indiatimes.com)
- ^ Union Territory (timesofindia.indiatimes.com)
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