Election results for 2014 Lok Sabha polls have in a way demolished National Conference (NC) politically. NC’s policy of Kashmir Valley centric approach has ultimately reduced the party (that had a total voice in the Constituent Assembly of J and K in 1951) to a sub-regional party totally rejected even by Kashmir Valley (the smallest region of J and K) in April / May 2014. National Conference is fourth (11.1 percent) in the vote share after BJP (32.4 percent) Congress (22.9 percent), PDP (20.5 percent). But still Farooq Abdullah’s party could have laid hands on some good emerging from the poll results, but so far it has not.
National Conference will have to adopt a J and K centric approach and work for undoing some of its unfair Valley centric acts like Jammu and Kashmir 29th Constitution Amendment Act, 2002 that so untruthfully encroached upon the democratic rights of the people outside Kashmir Valley. This amendment was engineered by NC in 2002 fearing that since the people of Jammu and Ladakh regions were getting more and more aware of the laws/ constitutional provisions it may not be any more possible to hold to an irrational share of 46 out of 87 seats share in J and K Legislative Assembly for Kashmir Valley when delimitation would have been done again in 2011. By 29th Constitutional Amendment delimitation of Legislative Assembly Segments was deferred till 2031. But even such like irrational ‘Kashmir’ focused actions have not paid dividends to National Conference.
As regards distribution and setting territorial boundaries of Legislative Assembly Segments it is laid down in Sub Section -2 of Section 47 of J and K Constitution that the State shall be divided into single member territorial constituencies by such authority and in such manner as the Legislature may by law determine. And for this purpose Jammu and Kashmir Representation of the Peoples Act 1957 was passed by the legislature. Type of authority for the purpose (Delimitation Commission in this case), broader parameters for deciding the boundaries of seats in Assembly (MLAs) and the procedure have been laid down in the Representation of the Peoples Act 1957.
The time frame for redoing the delimitation has been laid down in Section 47 of J and K Constitution under sub-Section 3 as after every 10 years (upon the completion of each census). Whereas through the constitution of Jammu and Kashmir (29th Amendment) Act, 2002, it has been later laid down that until the relevant figures for first census taken after the year 2026 have been published, it shall not be necessary to readjust the total number of seats in the Legislative Assembly of the State and the division of the State into territorial constituencies under Sub-Section -3 of Section- 47. This amendment in a way has distributed the seats in Assembly in different regions of the State till 2031 AD (since first census results after 2026 AD will be of 2031 AD census only) as per the delimitation as ordered by Justice K. K. Gupta Commission on 27th April 1995 ( Ladakh Region-4, Jammu region 37, Kashmir Region 46, PoK areas 24). Hence 29th Constitutional Amendment has in a way unfairly encroached upon the rights of people of J and K and the provisions as laid down in J and K Representation of the People Act 1957 for distribution of single member legislative assembly segments every 10 years.
In view of 16th May 2014 poll results some BJP leaders appear to have become ambitious to hope for coming to power in J and K. But the present conditions do not suggest that any party can form government on its own. BJP cannot form government in J and K even if it gets 25 to 30 seats out of 41 seats of Jammu and Ladakh regions since neither Congress will join BJP nor can BJP afford to join with NC or PDP unless these parties recast their opinions regarding issues like ‘merger’ and accession, Article-370 &and Accession -1947 and some aspects of ‘Self Rule’. Similarly NC too can not get even with 46 seats in Valley.
But in case immediately after 16th May election results had Omar Abdullah taken given priority to undoing the 29th Constitution Amendment and new delimitation would have been completed before new elections ( even if by postponing Assembly elections to March / April 2015, National Conference could have hoped to rebuild her hold in Jammu and Ladakh regions. The seats in Valley may decrease but this will surely give impressions that NC has shifted to J and K centric approach from its earlier Valley centric approach. This would result in a fair competition amongst parties like NC/ Congress/ BJP/ PDP
For such Constitutional amendment 2/3rd of the total membership of House and not 2/3rd of those who may present is needed therefore unless all parties come together scope for fresh delimitation before 2031 cannot be created. It would have been in the interest of NC to go for convening special session of legislature for this purpose and order delimitation before next elections to legislature.
And to add to this National Conference should focus more on the sufferings of the local people instead of laying hands on international affairs concerning India like Indo – Pak talks. Projects like rehabilitation of the people of Jammu and Kashmir regions who have been mercilessly demolished by September floods and the like of 1947 PoJK- 1965/1971 Chhamb refugees as well as the West Pakistan refugees who were held back in J and K by Maharaja Hari Singh and Sheikh Mohd Abdullah in case receive the first attention of Omar Abdullah, NC may regain some grounds.
(Daya Sagar is a social activist and senior columnist on J&K affairs and can be contacted at [email protected] ).
By- Daya Sagar
Email:[email protected]
