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NPP's demand genuine, but can't be conceded under existing law
Delimitation of assembly segments
4/9/2015 12:27:22 AM
Early Times Report
Jammu, Apr 8: The Jammu and Kashmir National Panthers Party (JKNPP), like other Jammu-based smaller political groups, the other day urged the state government to introduce a bill in the ongoing budget session seeking delimitation of assembly constituencies. Harsh Dev Singh, JKNPP chairman and former minister, said that it was high time that coalition government initiated measures for removal of regional imbalances and ending regional bias in conformity with its elections time promises.
"Delimitation of constituencies, which forms a part of the CMP (Agenda of Alliance) deserves a priority consideration with its passage in the current budget session itself so as to make possible the accomplishment of the delimitation exercise during the tenure of present coalition, which otherwise is a time consuming process…The exercise of delimitation involves passage of a bill in both the houses of legislature by amendment of Sec 47 of the state constitution, followed by constitution of delimitation commission as envisaged under the Representation of Peoples Act (1957) with ultimate delimitation process involving delimitation of constituencies, re-adjustment of territorial boundaries, rotation of reserved seats, identification of seats for fresh reservation and reservation of seats as proposed for women," he said. At the same time, he regretted what he called the "culpable silence maintained by BJP…quite unmindful of the grandiloquent promises made by it in the CMP as well as its Vision Document".
He was right when he said that "geographical area, topography, number of voters, nature of terrain, accessibility and poor communication facilities are the factors which weigh heavily in favour of Jammu region and entitle it to a higher number of assembly constituencies". He was also right when he quoted the official statistics, Singh and said that "it is ironical that Kashmir Valley with a total area of 15953 sq km had 46 Assembly seats, as compared to 37 seats for Jammu region whose geographical area is 26293 sq km".
However, Harsh Dev Singh, it appears, forgot to mention what the Agenda of Alliance said about the demand in Jammu region for delimitation of assembly constituencies. The Agenda of Alliance has said: "Constitute a delimitation Commission for the delimiting of Legislative Assembly Constituencies as required by law". What is the law that is in force in the state today? Harsh Dev Singh knew it full well that the law which has been in force in the state since February 2002 doesn't permit constitution of a new delimitation commission. In fact, the JKNPP MLAs were the only law-makers in the assembly that time who had opposed the anti-democratic, unconstitutional and anti-Jammu amendment in the Representation of People's Act that sought a ban on the fresh delimitation of assembly constituencies for decades together. All other MLAc, including those from the Congress, the BJP, the NC, the CPI-M and the People's Democratic Forum, had voted for the amendment to scuttle the age-old demand in Jammu for due share of representation in the assembly. It is strange that Harsh Dev Singh didn't attract the attention of the people of Jammu region to this unconstitutional act committed by all parties, barring the JKNPP.
Harsh Dev Singh wants the state government of which the BJP is the second constituent to initiate the process leading to the establishment of delimitation commission overlooking the existing law. The existing law says that no delimitation before the completion of census operations after 2026. In other words, the existing law says that the delimitation commission could be constituted only after the 2031 census operations. Which means delimitation of assembly constituencies could be possible after 2035 if the government of the time will be willing to do so, which is a remote possibility. If the state government wants to set up delimitation commission today, it has to revoke that anti-Jammu amendment and it would need two-third majority in both the Houses of the State Legislature. It is extremely doubtful if the BJP, which compromised its ideology for getting some share in the government, would press for any such amendment. It would be too much to expect from a party which ditched the people of Jammu region in 2002 to please the then Chief Minister Farooq Abdullah that it would muster courage to ask its coalition partner to do what the JKNPP and other Jammu-based political groups want the state government to do. In fact, the BJP is promoting the likes of Ashok Khajuria who work as "agents of Kashmiri ruling elite".
If the JKNPP really means what it says, then it had to adopt some other methods. The policy of political mendicancy will not do.
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