Delimitation Commission of Jammu and Kashmir

Key Takeaways

After over two years since it was appointed, the Delimitation Commission for Jammu and Kashmir is likely to make its award public on Thursday, according to officials aware of the development.

Delimitation is the act or process of defining the boundaries or limits of territorial constituencies in a country to represent population changes.

The Delimitation commission or Boundary commission of India is a commission established by the Government of India under the provisions of the Delimitation Commission Act.
The Commission is a powerful and independent body which cannot be challenged in any court of law.
The orders are laid before the Lok Sabha and the respective State Legislative Assemblies.However, modifications are not permitted.

To ensure that all parts of a population are represented equally.
Geographical areas are divided fairly so that no political party gains an edge over another in an election.
To stick to the “One Vote, One Value” principle.

Constitutional Backing
- After each Census, Parliament enacts a Delimitation Act under Article 82.
- Every Census, under Article 170, states are divided into territorial constituencies based on the Delimitation Act.
- Enactment of Delimitation Act led to establishment of Delimitation Commission
Historical Background
- In 1950-51, the President (with the support of the Election Commission) conducted the first delimitation exercise, and the Delimitation Commission Act was passed in 1952.
- Under the Acts of 1952, 1962, 1972, and 2002, delimitation commissions were established four times: in 1952, 1963, 1973, and 2002.
- After the 1981 and 1991 Censuses, there was no delimitation.

To calculate the number of constituencies and their boundaries in order to make the population of all constituencies virtually equal.
To locate seats set aside for Scheduled Castes and Scheduled Tribes in areas where their populations are substantially large.
In the event of a disagreement among Commission members, the majority opinion takes precedence.
In India, the Delimitation Commission is a powerful organisation whose decisions have legal weight and cannot be challenged in court.

Delimitation in J&K is slightly different from those in the rest of the country due to the special status
Delimitation of Lok Sabha seats was then governed by the Indian Constitution in J&K, but the delimitation of Assembly seats was governed separately by the Jammu and Kashmir Constitution and Jammu and Kashmir Representation of the People Act, 1957.
However, Jammu and Kashmir lost its special status and was divided into two Union Territories (J&K and Ladakh) after the abrogation of its special status under Article 370
Following that a special commission was constituted on 6th March, 2020 to carve out Assembly and Parliament seats in the UT.

Content Source: The Hindu