Delimitation: Sheikh Abdullah was for needs and rights of the common man of J&K, are YOU ?
Daya Sagar Sharma
July 25, 2009
The miseries, backwardness, illiteracy, poverty and ill health has grown in the farflung areas. In view of larger distances and difficult terrains the MLAs are not able to regularly reach their areas to check the development requirements and also can not effectively address the problems of those who fall in their constituencies..
Sheikh Mohammed Abdullah had cared for the masses . Sheikh Abdullah did identify his self more with the majority community of Kashmir valley , particularly the lands of the Kashmir valley. But Sheikh Mohd Abdullah never neglected the needs and rights of the common man of the State as a whole. It was during his times that the preparation of Draft JK Constitution was taken up and under Section- 50 of J&K Constitution Jammu Region residents have been given 14 elected MLCs in the Legislative Council and Kashmir region residents have been given only 12 elected MLCs in the Legislative council. To be more specific two MLCs have been particularly kept for Poonch district / Doda ( say now Doda/ Kishtwar/ Ramban ) and two for Ladakh Region ( one each for Ladakh and Kargil Tehsils). But the Delimitation Commissions for single member segments in the J&K Legislative Assembly ( MLAs ) thereafter have never earned good will from the poor and remotely placed masses of J&K.
Demands for a new Delimitation Commission have been made more by Jammu based political groups. Though it is also true that Leaders from Congress , National Conference and infant J&K Peoples Democratic Party have not so far truthfully made such demands. So far the balance of seats allocated in the J&K Legislative assembly by any delimitation commission of the past has all along been towards the areas in Kashmir Valley ( excluding Baramulla and Kupwara sub regions). But it is sure that any fair delimitation, if done under the provisions of J&K Representation of the People Act 1957,would tilt the balance more towards the distantly placed and backward areas of J&K State. And such areas lie more in districts of Udhampur, Kathua, Doda, Kishtwar, Ramban , Reasi, Rajouri. And Ofcourse to some extent towards Kupwara / Baramulla in Kashmir region .
It could be inferred that Kashmir Valley centric leadership ( particularly urban elite and rich ) could sense that in future it may not be that easy to manipulate the delimitation commission reports. Hence 29th Jammu & Kashmir Constitution amendment Bill was got passed in the year 2002. Through this amendment the Sub - Section 3 of Section 47 of J&K Constitution was made inoperative for about 30 years. This way the State of Jammu & Kashmir had been indirectly divided into three parts in Legislative Assembly. In a way unconstitutionally allocating 46 MLA seats to Kashmir region, 37 seats to Jammu region and 4 seats to Ladakh Region by putting a nearly 30 year seal on the 1995 Justice K. K. Gupta Delimitation Commission order. Where as otherwise in principle 87 seats in assembly were to be rationally redistributed by a new Delimitation Commission after 2001 census.
And to add to it , Section-49 of J&K Constitution too has been made practically in operative as regards determination of number of seats to be reserved for Schedule Caste candidates in the Legislative Assembly at least till the results of first census after the year 2026 AD are published.
The leaders at New Delhi also never supported the rights of rural people of J&K in this regard. I too had done a detailed exercise for a rational distribution of assembly seats as per the provisions of Section-4 of J&K representation of the people Act 1957. A note was also presented by me to the Chairman Delimitation Commission in 1994. But the K. K. Gupta Commission rushed through the proceedings and notified the delimitation ignoring the provisions as laid down in the Representation of the People Act of 1957. The exercise done by me had slated 45 to 47 seats ( MLAs ) for areas falling in Jammu region and 36 to 38 seats for areas falling in Kashmir Region. At that time the implementation of Wazir Commission report was also pending. The Wazir Commission Report had recommended 9 ( nine ) Districts for Jammu region and only 7 ( seven ) Districts for Kashmir Region. The proportion of Districts as recommended by Wazir Commission nearly matched the proportion of MLAs as I had proposed for areas falling in Jammu ( 45 to 47 ) and Kashmir (36 to 38 ) Regions.
A trial under the requirements would reveal that the Delimitation done by earlier delimitation commission did not stand to the test under J&K Representation of the People Act 1957.
Test -1: Jammu Region has more elected MLCs ( 14 ) in Legislative Council than Kashmir Region ( 12 MLC) has under Section 50 of J&K Constitution . How can MLAs be less ???
Test -2 : Wazir Commission had recommended increasing the number of districts from 6 to 9 in Jammu Region . Where as for Kashmir Region Commission had recommended only seven 7 districts. This was surely due to Kashmir region being geographically more compact as compared to Jammu Region. J&K Representation of The Peoples Act too suggests like wise under Sub Section -2 Section-4. Non implementation of WC recommendation had delayed justice even to the distantly placed people of Baramulla sub region for over 33 years. National Conference had brought 29 th Constitutional amendment in 2002 and Ghulam Nabi Azad had given in 2006 three additional districts of Kashmir valley as against only one to Jammu Region .
Test-3 : The J&K Representation of People Act 1957 was designed in a very very considerate manner .It could well be seen from the contents of clauses a - ( i) to a (v) of Sub Section ( 2) of section- (4) of the J&K RPA 1957. Four of five clauses under section four of the Act very explicitly demonstrate that any fair trial would allot more MLAs to bad , distant and backward areas .
Geographical Compactness (Clause a- ii ) : Most parts of Jammu Region and some parts of sub regions of Baramulla/ Kupwara are much less compact .Hence more representatives may needed in Assembly from areas falling in Jammu region and some remote parts of Kashmir valley.
Nature of terrain (Clause – a - iii ): The terrain of areas in Doda , Kishtwar, Udhampur, Reasi, Kishtwar, Ramban, Kathua, Rajouri , even some parts of Samba District is bad and difficult as compared to most of the areas in Kashmir region.
Facilities of Communication (Clause – a- iv ) : The surface transport infrastructure/ Roads in Jammu region and some areas like Baramulla/ Kupwara sub regions of Kashmir Region is at much lower level .Hence it is more difficult for a MLA of these areas to visit his people or for people to visit him. Surely more MLAs are needed. * And the like considerations (Clause - a - v).
National Conference again holds the reins in 2009. The party has demanded Greater Autonomy for J&K . NC alleges erosion of provisions of Article 370 of Indian Constitution and so called 1952 Delhi Agreement as well as 1950 Constitution Application Order. But it was also during the days of National Conference Government by the democratic rights of people were eroded through 29th Constitutional amendment. Let it be now again National Conference in 2009, the largest group in the J&K Legislative Assembly, to pursue the cause for withdrawing the undemocratic 29th Constitutional amendment so that Delimitation Commission could be constitutionally constituted. No one should be envy to the modified results incase the number of MLAs for the areas of erstwhile Districts of Kathua, Udhampur, Doda, Rajouri, Kupwara , Ramban, Baramulla, Kupwara etc get additional 10 to 12 seats and those that fall under Districts of Jammu, Srinagar, Badam, Ananatnag , Pulwama lose 10 to12 seats out of present total strength of 87 MLAs ( Jammu Region getting around 45 to 46 MLA and Kashmir Region getting around 37 to 38 MLA ).
Omar Abdullah has to prove that he is true heir apparent of the democratic principles of Sheikh Abdullah .PDP for setting its roots in Kashmir would like to irritate National Conference leadership on different issues.. It is not only the seats in Assembly that need review , even the seats in Parliament need be re decided . It is highly unfair to carry on wilt two MPs for area as large as over 26000 sq Kms wirh large population and three MPs for closely populated 15000 sq Kms. Delhi Chandni Chowk Parliament seat has an area of just 10 sq Km / per lac population where as Jammu Region has nearly 13000 sq km area per MP and Kashmir Region has about 5300 sq Km area per MP. *( Daya Sagar is social activist and leading scribe on Kashmir affairs)
Sheikh Mohammed Abdullah had cared for the masses . Sheikh Abdullah did identify his self more with the majority community of Kashmir valley , particularly the lands of the Kashmir valley. But Sheikh Mohd Abdullah never neglected the needs and rights of the common man of the State as a whole. It was during his times that the preparation of Draft JK Constitution was taken up and under Section- 50 of J&K Constitution Jammu Region residents have been given 14 elected MLCs in the Legislative Council and Kashmir region residents have been given only 12 elected MLCs in the Legislative council. To be more specific two MLCs have been particularly kept for Poonch district / Doda ( say now Doda/ Kishtwar/ Ramban ) and two for Ladakh Region ( one each for Ladakh and Kargil Tehsils). But the Delimitation Commissions for single member segments in the J&K Legislative Assembly ( MLAs ) thereafter have never earned good will from the poor and remotely placed masses of J&K.
Demands for a new Delimitation Commission have been made more by Jammu based political groups. Though it is also true that Leaders from Congress , National Conference and infant J&K Peoples Democratic Party have not so far truthfully made such demands. So far the balance of seats allocated in the J&K Legislative assembly by any delimitation commission of the past has all along been towards the areas in Kashmir Valley ( excluding Baramulla and Kupwara sub regions). But it is sure that any fair delimitation, if done under the provisions of J&K Representation of the People Act 1957,would tilt the balance more towards the distantly placed and backward areas of J&K State. And such areas lie more in districts of Udhampur, Kathua, Doda, Kishtwar, Ramban , Reasi, Rajouri. And Ofcourse to some extent towards Kupwara / Baramulla in Kashmir region .
It could be inferred that Kashmir Valley centric leadership ( particularly urban elite and rich ) could sense that in future it may not be that easy to manipulate the delimitation commission reports. Hence 29th Jammu & Kashmir Constitution amendment Bill was got passed in the year 2002. Through this amendment the Sub - Section 3 of Section 47 of J&K Constitution was made inoperative for about 30 years. This way the State of Jammu & Kashmir had been indirectly divided into three parts in Legislative Assembly. In a way unconstitutionally allocating 46 MLA seats to Kashmir region, 37 seats to Jammu region and 4 seats to Ladakh Region by putting a nearly 30 year seal on the 1995 Justice K. K. Gupta Delimitation Commission order. Where as otherwise in principle 87 seats in assembly were to be rationally redistributed by a new Delimitation Commission after 2001 census.
And to add to it , Section-49 of J&K Constitution too has been made practically in operative as regards determination of number of seats to be reserved for Schedule Caste candidates in the Legislative Assembly at least till the results of first census after the year 2026 AD are published.
The leaders at New Delhi also never supported the rights of rural people of J&K in this regard. I too had done a detailed exercise for a rational distribution of assembly seats as per the provisions of Section-4 of J&K representation of the people Act 1957. A note was also presented by me to the Chairman Delimitation Commission in 1994. But the K. K. Gupta Commission rushed through the proceedings and notified the delimitation ignoring the provisions as laid down in the Representation of the People Act of 1957. The exercise done by me had slated 45 to 47 seats ( MLAs ) for areas falling in Jammu region and 36 to 38 seats for areas falling in Kashmir Region. At that time the implementation of Wazir Commission report was also pending. The Wazir Commission Report had recommended 9 ( nine ) Districts for Jammu region and only 7 ( seven ) Districts for Kashmir Region. The proportion of Districts as recommended by Wazir Commission nearly matched the proportion of MLAs as I had proposed for areas falling in Jammu ( 45 to 47 ) and Kashmir (36 to 38 ) Regions.
A trial under the requirements would reveal that the Delimitation done by earlier delimitation commission did not stand to the test under J&K Representation of the People Act 1957.
Test -1: Jammu Region has more elected MLCs ( 14 ) in Legislative Council than Kashmir Region ( 12 MLC) has under Section 50 of J&K Constitution . How can MLAs be less ???
Test -2 : Wazir Commission had recommended increasing the number of districts from 6 to 9 in Jammu Region . Where as for Kashmir Region Commission had recommended only seven 7 districts. This was surely due to Kashmir region being geographically more compact as compared to Jammu Region. J&K Representation of The Peoples Act too suggests like wise under Sub Section -2 Section-4. Non implementation of WC recommendation had delayed justice even to the distantly placed people of Baramulla sub region for over 33 years. National Conference had brought 29 th Constitutional amendment in 2002 and Ghulam Nabi Azad had given in 2006 three additional districts of Kashmir valley as against only one to Jammu Region .
Test-3 : The J&K Representation of People Act 1957 was designed in a very very considerate manner .It could well be seen from the contents of clauses a - ( i) to a (v) of Sub Section ( 2) of section- (4) of the J&K RPA 1957. Four of five clauses under section four of the Act very explicitly demonstrate that any fair trial would allot more MLAs to bad , distant and backward areas .
Geographical Compactness (Clause a- ii ) : Most parts of Jammu Region and some parts of sub regions of Baramulla/ Kupwara are much less compact .Hence more representatives may needed in Assembly from areas falling in Jammu region and some remote parts of Kashmir valley.
Nature of terrain (Clause – a - iii ): The terrain of areas in Doda , Kishtwar, Udhampur, Reasi, Kishtwar, Ramban, Kathua, Rajouri , even some parts of Samba District is bad and difficult as compared to most of the areas in Kashmir region.
Facilities of Communication (Clause – a- iv ) : The surface transport infrastructure/ Roads in Jammu region and some areas like Baramulla/ Kupwara sub regions of Kashmir Region is at much lower level .Hence it is more difficult for a MLA of these areas to visit his people or for people to visit him. Surely more MLAs are needed. * And the like considerations (Clause - a - v).
National Conference again holds the reins in 2009. The party has demanded Greater Autonomy for J&K . NC alleges erosion of provisions of Article 370 of Indian Constitution and so called 1952 Delhi Agreement as well as 1950 Constitution Application Order. But it was also during the days of National Conference Government by the democratic rights of people were eroded through 29th Constitutional amendment. Let it be now again National Conference in 2009, the largest group in the J&K Legislative Assembly, to pursue the cause for withdrawing the undemocratic 29th Constitutional amendment so that Delimitation Commission could be constitutionally constituted. No one should be envy to the modified results incase the number of MLAs for the areas of erstwhile Districts of Kathua, Udhampur, Doda, Rajouri, Kupwara , Ramban, Baramulla, Kupwara etc get additional 10 to 12 seats and those that fall under Districts of Jammu, Srinagar, Badam, Ananatnag , Pulwama lose 10 to12 seats out of present total strength of 87 MLAs ( Jammu Region getting around 45 to 46 MLA and Kashmir Region getting around 37 to 38 MLA ).
Omar Abdullah has to prove that he is true heir apparent of the democratic principles of Sheikh Abdullah .PDP for setting its roots in Kashmir would like to irritate National Conference leadership on different issues.. It is not only the seats in Assembly that need review , even the seats in Parliament need be re decided . It is highly unfair to carry on wilt two MPs for area as large as over 26000 sq Kms wirh large population and three MPs for closely populated 15000 sq Kms. Delhi Chandni Chowk Parliament seat has an area of just 10 sq Km / per lac population where as Jammu Region has nearly 13000 sq km area per MP and Kashmir Region has about 5300 sq Km area per MP. *( Daya Sagar is social activist and leading scribe on Kashmir affairs)
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