Democracy, De-freezing and Delimitation

BY: RANBIR MANHAS PUBLISHED ON JUNE 07, 2019

For past couple of days the most trending word has been ‘Delimitation’. Although MHA has yet to clear its stand on the subject daggers seem drawn to attack the ‘rivals’ as hard as possible. If debates on various national TV Channels on the issue are any indication process of delimitation of Lok Sabha and Assembly constituencies of Jammu and Kashmir which was frozen earlier, could de-freeze in near future. The matter was reportedly discussed by J&K Governor Shri Satyapal Malik with Home Minister of India Shri Amit Shah when both met in the national capital last week.

Delimitation of constituencies is a regular process which must be undertaken after every 10 years. However, in 2002 government of India had frozen this process till 2031- due year of fresh census. In Jammu and Kashmir also this decision was adopted although in light of Article 370 of Indian Constitution it was not mandatory to follow suit.

NC and PDP are opposing the move claiming that no de-freezing can take place unless it is passed and recommended by State legislature which is not in place now. Their second objection is that by ordering delimitation of constituencies arbitrarily, the Union government is trying to change the demographic structure of Jammu and Kashmir. However, their apprehensions lack substance.

Although political opinion makers are divided on whether the Governor has powers to de-freeze the freezing order of 2002 legal experts believe that Governor has all requisite powers in this regard. “Under section 47 of constitution of Jammu and Kashmir and section 3 of Jammu and Kashmir people’s representation act Governor can de-freeze the ‘frozen’ order and constitute fresh Delimitation Commission to conduct delimitation of electoral constituencies even in absentia of state Legislature”, they opine.

Since delimitation of constituencies will be conducted on 5 prescribed parameters including density of population, terrain and other geographical conditions besides backwardness of the area without any prejudice the objection of NC and PDP regarding changing of demography too does not hold ground. I am sure by getting more seats in Jammu division Muslims living there will be more than happy.

Ghulam Nabi Azad also wanted to go for the delimitation by adding 22 seats to the existing number of 87 when he became CM of Jammu and Kashmir in 2006 but due to lack of two third majority in the legislature and stiff resistance posed by NC the proposal had fallen.

Necessity of fresh delimitation:

After migration of a large number of people from Kashmir belonging to both Hindu and Muslim communities ( some forcibly), the population of Kashmir has drastically come down as compared to Jammu where these migrants have settled thereby changing the ratio of population of both regions conversely. Today, Jammu has more population than Kashmir and that is why delimitation of constituencies becomes necessary.

Another reason behind fresh delimitation could be to dilute the special status provided to state of Jammu and Kashmir which according to BJP has drifted the state away from the national mainstream.

Total integration of Jammu and Kashmir with rest of the country has been the cherished dream of BJP for which it has rendered many sacrifices. Therefore if BJP government contemplates something extraordinary to get majority in the State Legislature it should be no wonder.

Like anything, Delimitation too has its merits and demerits. However the demerit I am discussing below is thought probing.

A fortnight ago when I met my doctor in AIIMS in connection with bimonthly routine checkup I asked him if I could delay my next checkup by few weeks. To this his reply was like this, “Had there been adequate medical facility available in your state, you wouldn’t have the need to come to such a faraway place like Delhi in these hot summer months. Government is setting up AIIMS in Jammu and Kashmir no doubt but I fear they will also meet the same fate SKIMS met. Good healthcare needs good doctors which can’t be obtained without competition. AIIMS has competent doctors because they come after passing national level competitive exams which in Jammu and Kashmir are not possible due to its special status.

Therefore, for quality medication you will have to come to Delhi as long as the discriminatory 370 remains in vogue”, he lamented and he was not wrong in his perception. Had our politicians been so visionary they would have taken this important aspect of public interest in to consideration, but why should they bother for a common man leaving aside their personal political gains?

Although Central government is moving in a positive direction the road ahead is not a cake walk. Kashmiri leadership will oppose the move tooth and nail. For this they will even communalize the issue to get Muslims of Jammu province to their side it’s another thing though that in private parlance they call all Muslims of Jammu province including their ‘damaad’ as Gujjars!

Jammu and Kashmir is inching for Assembly polls. Being a controversial issue Delimitation could play Devil’s dance. So stay safe from the Loo of hot electioneering!