J&K Delimitation Panel notifies new J&K Assembly constituencies (UPSC Current Affair)

Relevance: GS2 - Salient Features of the Representation of People’s Act; Various Statutory Bodies

Click here for Daily Current Affairs

Why in the news?

• Recently the Delimitation Commission for Jammu and Kashmir has submitted its final report to the President. the Delimitation Commission has recommended for creation of seven additional constituencies in the Union territory of Jammu and Kashmir.
• The Parliamentary Act establishes the Delimitation Commission. The Indian constitution's article 82 empowers parliament to establish a Delimitation Commission.

What is the final report of the Commission?

Legislative Assembly:

• The Commission has added seven Constituencies in Assembly, to make it total 90 seats for Assembly of Union territory of Jammu and Kashmir.
  • Added six seats in Jammu Region (now 43 seats) and one in Kashmir Region (now 47).
  • also made geographical changes in boundaries of the existing Assembly constituencies.

Parliamentary Constituencies:

• There are five Parliamentary Constituencies in the region.
  • The Delimitation Commission recommended the Jammu & Kashmir region to be viewed as one single Union Territory.
  • The Commission has altered the boundaries of the Anantnag and Jammu seats..
  • The Pir Panjal region of Jammu, which includes the districts of Poonch and Rajouri and was previously part of the Jammu parliamentary seat, has now been included to Kashmir's Anantnag seat.
  • The parliamentary seat of Srinagar has been relocated to Baramulla.

Recommendation:

• Kashmiri Pandits: At least two members of the Kashmiri Migrants (Kashmiri Hindus) community should be represented in the Legislative Assembly, according to the Commission.
• The Centre should consider providing displaced persons from Pakistan-occupied Kashmir who relocated to Jammu after Partition representation in the J&K Legislative Assembly.
• Scheduled Tribes: Nine seats have been set aside for Scheduled Tribes.

Why was the Commission Set Up?

• The Jammu and Kashmir Reorganization Act, 2019, increased the number of seats in the Assembly, necessitating delimitation of Union Territory.
• The former J&K state had 111 seats, with 46 in Kashmir, 37 in Jammu, and four in Ladakh, as well as 24 seats set aside for Pakistan-controlled Kashmir (PoK).
• The delimitation of parliamentary constituencies was governed by the Constitution of India in the former state, while the Jammu and Kashmir Representation of the People Act, 1957 governed the delimitation of Assembly seats.
• Following the abolition of J&K's special status in 2019, the Constitution governs the delimitation of both Assembly and parliamentary seats.

What is the Delimitation Commission?

• It is a statutory body set up by the Act of Parliament for bringing Readjustment in the number and territorial configuration of constituencies for parliamentary and assembly elections, upon the completion of every 10 years.
• Article 82, empowers the Parliament to enact a Delimitation Act after every Census.
• Every Census, under Article 170, states are divided into territorial constituencies according to the Delimitation Act.
• The Union government establishes a Delimitation Commission after the Act is in effect.
• The first delimitation exercise was conducted by the President with the help of the Election Commission In 1950-51..
• In 1952, the Delimitation Commission Act was passed.

What is the composition of Delimitation Commision

• The President of India appoints the Delimitation Commission, which is composed of:
  • Chairman: Retired Judge of the Supreme Court as its
  • Member: Chief Election Commission of India and Respective State Election Commissioners.

What are the powers of the Delimitation Commision?

• The delimitation commission is an autonomous organisation established under Article 82 following each census, when Parliament enacts a Delimitation Act.
• The Delimitation commission has all the powers of high courts and the Award given by it is Final and can not be challenged in any court of law.