Daya Sagar
The people who have suggested for ‘some’ internal reorganisation of J&K or the regional councils have not come out with well defined and deliberated models. But one thing that surely reflects from their demands is that they do feel that under the present system of governance and political understandings the people of Ladakh and Jammu regions have been discriminated politically, administratively and economically.
Leadership from Kashmir Valley has so far opposed reorganisation / trifurcation of Indian state of J&K.
Let us, in an unbiased manner have a look at vital key indicators that can be identified from constitutional / legislative, administrative / governance and development/economic points of view.
Constitutional / Political: As per Section -50 of J&K Constitution ( 1957) the Legislative Council has to have 28 elected members and 8 nominated members. Out of these 28 MLCs there have to be 14 elected members from Jammu Region, 12 elected MLCs Kashmir Region and 2 from Ladhak Region.
So, as regards Legislative Council region wise distribution has been done for representatives (MLCs) under Section -50 of J&K Constitution. But as regards Legislative Assembly no region wise distributions of single member constituencies (MLAs) has been made in Section-47 of J&K Constitution that mentions only total number of MLAs and in sub-Section-3 of Section-47 it has been laid down that upon the completion of each census, the number, extent and boundaries of the territorial constituencies (MLAs) shall be readjusted by such authority (Delimitation Commission in general ) and in such manner as the Legislature may by law determine.
The procedure and basis for distribution of MLAs over the State has been laid down in Section-4 {2- (a-I to iv )} of the Jammu & Kashmir Representation of Peoples Act 1957 ( Act No. IV of 1957) on the basis of 5parmeters (1. Population 2.Geographical Compactness 3. Nature of Terrain 4. Facilities of Communication 5. And like considerations.) A Delimitation Commission is to be constituted for the purpose after every population census.
All these years number of MLAs for Kashmir Region have remained more than Jammu Region although constitutionally as per Section-50 of J&K Constitution Jammu Region has 14 elected MLCs as against only 12 MLCs for Kashmir Region.
In 1951 through an ad hoc delimitation based on only estimated population of State as 40 Lac ( including POJK ) 30 MLAs were kept for Jammu Region , 43 for Kashmir Region and shadow provision of 25 MLAs was made for POJK.
But even after detailed Representation of Peoples Act 1957 was drafted/passed where in at least 4 (Geographical Compactness 2. Nature of Terrain 3. Facilities of Communication 4 And like ) out of 5 parameters surely tilted the balance towards Jammu region that also had constitutionally 14 elected MLCs as compared to only 12 for Kashmir region still the MLAs for Kashmir Region were kept more than Jammu Region by any ad hoc or regular delimitation that followed.
There was enough scope to correct the error but even the Delimitation Commission order of April 1995 was issued distributing 46 MLAs over Kashmir Region and only 37 MLAs over Jammu Region.
The 1995 Delimitation order was issued during Governor rule in J&K. Surely the Delimitation Commissions worked under some pressures and it has been alleged by people outside Kashmir Valley that it could not have been done had Delhi not remained more inclined towards Kashmir Region.
And with such like unfair delimitations it could be said that people of Bani/Basoli/ Billawar, Nowshera/ Sunderbani/ Kalakot, Akhnoor; Rajouri, Buddal/Mendar; Mahore/Gool, Ramnagar; Bhaderwah/ Thathri/ Gandoh, Doda, Kishtwar ,Gulabgarh/ Paddar, Hiranagar, R.S.Pura; Ramban, Kupwara, Baramulla, Kargil , Zanskar, Leh ,Nubra, Changthang , Sha, Dhahan and like distant/ backward/ bad terrain areas have been more unfairly represented in the Legislature.
And through The Constitution Of Jammu And Kashmir (Tweniy-Ninth Amendment) Act, 2002 (23rd April_ 2002) the Kashmir centric leadership managed to put practically a bar on fresh delimitation ( distribution) of single member segments in the Legislative Assembly till 2031.
No doubt such amendment would not have been passed in case the NC MLAs of Jammu Region belonging to National Conference would have voted against the Bill but why they did not vote against may be asked by some?
Such approach was sure to cause regional heart burnings and hence suggestions have been regularly coming from outside J&K for fair delimitation and ‘trifurcation’ of the State.
Those who talk of stability and peace in J&K as their mission must take such resentments and demands for fair delimitation truthfully worth amending the Constitution Of Jammu And Kashmir (29th Amendment) Act, 2002 (23rd April_ 2002) that would surely settle some regional divides.
(Daya Sagar is a Sr Journalist and a social activist can be reached at [email protected])
