Delimitation in J&K: Constitutional Exercise Towards Political Ends

By Vikrant Shinde

Published December 24, 2024 | This is a working paper presented at the Takshashila Institution Internal Conference on ‘Understanding the Delimitation Exercise’, November 2024

“In our search for a lasting solution to the Kashmir problem, both in its external and internal dimensions, we shall not traverse solely on the beaten track of the past. Mindsets will have to be altered, and historical baggage jettisoned.”

-              Shri Atal Behari Vajpayee, PM, 2002

Introduction

The Census of 17 February 1881 by W.C. Plowden, Census Commissioner of India, was the first modern synchronous census after several localised or regional attempts. Since then, censuses have been undertaken uninterruptedly once every ten years till 2011. The Census Act 1948 provides for the conduct of a census in India. Through a gazette notification, the central government can conduct a census of the complete area or parts of it whenever it considers it necessary or desirable. The last (15th) census was held in 2011, after which the 2020-21 census was not carried out  due to the COVID-19 pandemic. The next census is  speculated to take place in 2025-26.

Delimitation, at its core, is an exercise which upholds ‘democracy’s commitment to one person, one vote, and one value’.Article 81 of the constitution, subject to the provisions of Article 33, provides that the Lok Sabha shall not consist of more than 530 members and 20 members nominated from UTs, as decided by the parliament, plus two appointed by the President to represent the Anglo Indian community. It also provides that the ratio of seats allotted to each state and population of the states, the ratio of the population of each Assembly constituency and number of seats allotted to each Assembly constituency within states,   so far as practicable, is maintained.At present, the Lok Sabha has 545 seats. Article 82 provides for readjustments in the allocation of seats in the Lok Sabha and  Assembly constituencies following a census. Due to the political pertinence of delimitation, different constitutional documents across the globe have made provisions for it. The process is simplistically explained by the graphic below.

History of Delimitation in J&K

Jammu and Kashmir, a Hindu-ruled, Muslim-majority princely state, acceded to the Union of India on 26 October 1947 as per the Government of India Act 1935, as adopted by section 9 of the Indian Independence Act 1947. The Act provided for an Indian state under British rule to accede to the Dominion of India through an instrument of accession signed by the ruler.

 The state of J&K includes only 50 per cent of the area of 84,471 square miles under the erstwhile princely state of J&K. Post accession, J&K was divided by geography into three regions, Jammu, Kashmir and Ladakh, with associated demographic peculiarities. Jammu has a Hindu majority population, Kashmir has a Muslim (predominantly Suni) majority population, and Ladakh has a relatively balanced demography consisting of Muslims (mostly Shias) concentrated in the Kargil district & Buddhists concentrated in the Leh district.

In J&K, the Assembly seats were delimited on three earlier occasions, i.e. 1966, 1976 and 1995 (based on the 1981 census). The delimitation of 1995 formed the basis of the 1996 elections. “The erstwhile state of J&K, before reorganisation, was the only state of India that missed the census twice after 1947, first in 1951 and then again in 1991” (Vikas Kumar) due to political instability and apprehensions cast by the separatists on the fairness of the process as well as to undermine the legitimacy of the Indian state to conduct such an exercise.  In 2002, the state assembly of J&K had put a freeze on any delimitation till the census of 2026 through an amendment to the Constitution of J&K and the J&K Representation of People Act 1957.

Delimitation in J&K before the abrogation of Art 370 was unique as compared to other states since the Lok Sabha constituencies were apportioned under the provisions of the Constitution of India and the Legislative Assembly seats decided by the Constitution of J&K and J&K Representation of People Act 1957.

Comparative analysis with the previous delimitation

Successive delimitations in J &K, based on population considerations, have led to Lok Sabha and Legislative Assembly constituencies being apportioned as tabulated below:-