Delimitation in J&K: A Constitutional Exercise Towards Political Ends
January 1, 2024
Prime Minister’s Vision (2002)
“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, 20021
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 20112. 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 desirable3. The last (15th) census was held in 2011, after which, due to the COVID-19 pandemic, the census of 2020-21 was not carried out and is yet to be notified. It is, however, speculated to take place in 2025-264.
Delimitation, at its core, is an exercise which upholds ‘democracy’s commitment to one person, one vote, and one value’5. 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.
Delimitation Process Overview
The process flows from National Census → Delimitation Act Enacted by Parliament → Delimitation Commission Set up by President → Seats Constituted into territorial constituencies → Delimitation Order
Has the delimitation of UT of J&K been a constitutional exercise towards political ends?
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 19356, as adopted by section 9 of the Indian Independence Act 19477. 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 Sunni) 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”8, 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 19579.
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 Previous Delimitation
Successive delimitations in J&K, based on population considerations, have led to Lok Sabha and Legislative Assembly constituencies being apportioned as follows10:
| Delimitation Order Year | Census | Allocation of Seats in House of People | Allocation of Seats in Legislative Assembly |
|---|---|---|---|
| Total | SC | ||
| 1957 | No census in J&K | No Delimitation in J&K | |
| 1966 | 1961 | 6/490 | |
| 197611 | 1971 | 6/522 | - |
| 1995 | 1981 | 6/543 | - |
| 2008 | 2001 | No Delimitation | |
| 2022 | 2011 | 5/543 | - |
| Ladakh | 1/543 | - |
Pre-Reorganisation Context
Before reorganisation of the state of J&K into UT of J&K with Legislative Assembly and UT of Ladakh without a Legislative Assembly:
- Under the Constitution of Jammu and Kashmir, the Legislative Assembly had 87 seats (excluding 24 seats earmarked for Pakistan occupied territory), with 6 seats reserved for Scheduled Castes
- Six Parliamentary constituencies: Baramulla, Srinagar, Anantnag, Ladakh, Udhampur, and Jammu
Evolving Demographics
Based on figures from the 2011 census, the population (12,541,302) of the erstwhile state of J&K was only 0.93% of the country’s population, with a decadal growth rate of 29.98%, the highest in the country. The country’s decadal growth rate was 17.64%, with some larger states being UP- 20.10%, MP-20.23%, Rajasthan- 21.40%, and Maharashtra-15.99%. Essential demographic figures of the divisions are tabulated below12:
| Division | Area (Km²) | Population (2011 Census) | Number of Districts | % of Population | ||||
|---|---|---|---|---|---|---|---|---|
| Hindu | Muslim | Sikh | Buddhist | Others | ||||
| Total for State of J&K (Pre-reorganisation) | 2,222,36 {(PoK-78,114, China-37,555} | 1,25,41,302 | 22 | 28.44 | 68.32 | 1.87 | 0.90 | 0.29 |
| Jammu | 25.9% | 5,378,538 (42.88%) | 10 | 62.5 | 33.5 | 2.0 | Not Known | 2.0 |
| Kashmir Valley | 15.7% | 6,888,475 (54.92%) | 10 | 2.45 | 96.4 | 0.81 | Not Known | 0.34 |
| Ladakh | 58.4% | 274,289 (2.18%) | 02 | 12.1 | 46.6 | 0.82 | 39.7 | 0.78 |
Justice GD Sharma (retd) raised some valid concerns regarding the demographic changes in Jammu and Kashmir while commenting on the 1995 delimitation. Based on a comparison between the population of Jammu and Kashmir regions between 1981 to 2011, he states: “The difference between the population of Kashmir Region and Jammu Region in 1981 census was 416,791 and now in the recent census of 2011 such difference has swelled up to 15,56,812. This un-phenomenal rise in Kashmir Region despite widespread migration of 1990 raises a reasonable doubt about the authenticity of the census and requires correction.”13 This aspect, however, has not been highlighted in the report of the delimitation commission and may give fresh insights during the next census.
| Population | Kashmir | Jammu | Ladakh | Total |
|---|---|---|---|---|
| Census 1941 | 17,28,686 | 20,00,157 | 3,11,915 (not included in total) | 40,40,758 |
| Census 1981 | 31,34,904 (52.35%) | 27,18,113 (45.39%) | 1,34,372 | 59,87,389 |
| Census 2001 | 54,76,970 | 44,30,191 | ||
| Census 2011 | 69,07,623 (55.04%) (56.34% of UT) | 53,50,811 (42.64%) (43.64% of UT) | 2,90,492 | 1,25,48,926 (UT of J+K=12,258,534) |
Delimitation of UT of J&K 2022
The latest delimitation exercise in the UT of J&K was held after the abrogation of Art 370 and the Reorganisation of J&K Act, 2019, which led to the creation of the Union Territories (UT) of J&K and Ladakh14.
As per the Delimitation Commission document titled ‘Delimited Landscape of Union Territory of Jammu & Kashmir’15, the Delimitation Commission was set up under provisions of Part-V of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) and the Delimitation Act, 2002 (33 of 2002). The Delimitation Commission was headed by:
- Justice Ranjana Prakash Desai (Chairperson)
- Shree Sushil Chandra, Election Commissioner
- Shree KK Sharma, State Election Commissioner of UT
- Five members of Lok Sabha representing the UT of J&K appointed by the Speaker of Lok Sabha:
- Dr. Farooq Abdullah (NC)
- Shri Mohammad Akbar Lone (NC)
- Shri Hasnain Masoodi (NC)
- Shri Jugal Kishore Sharma (BJP)
- Dr. Jitendra Singh (BJP)
This composition procedurally addresses partisan concerns.
Commission’s Methodology
The Commission decided that constituencies shall be delimited while retaining the administrative units, i.e. Districts, Tehsils, Patwar Circles, etc, as in existence on 15 June 2020. As a departure from previous delimitations, the commission considered, apart from the average population, the geographical features, means of communication, public convenience and contiguity of areas as various factors enumerated in Section 9(1) of the Delimitation Act, 2002.
Given the rugged terrain, the commission was also forced to consider constituencies with populations below the categorisation norms, such as in the case of Gurez (population 37,992), aspects of stark variation in population densities ranging from 3,436/sq. km in districts in the plains to 29/sq. km in the predominantly hilly districts; the existence of sub-regions within certain districts with extremely difficult intra-district connectivity prone to disruptions during winters and uncertainty of life and public conveniences in villages along the Line of Control.
Accordingly, the Commission categorised all 20 districts into three categories:
| Category | Description | Population Norm |
|---|---|---|
| A | Hill Area (-10% of Average) | 122,674 |
| B | Hill & Flat Area (Average) | 136,304 |
| C | Flat Area (+10% of Average) | 149,934 |
Reappropriation of Seats post Delimitation
Jammu & Kashmir was considered as a single entity for the purpose of delimitation16. However, the distribution of seats between the Jammu and Kashmir regions by the delimitation order of the commission was as follows17:
| Region | Population % | Number of Districts | Parliamentary Constituencies | Assembly Constituencies (AC) | Reserved (AC) | |
|---|---|---|---|---|---|---|
| SC | ST | |||||
| Jammu | 43.64% | 10 | 02 | 43 (47%) (+6) | 7 | 6 (+6) |
| Kashmir | 56.34% | 10 | 03 | 47 (52%) (+1) | - | 3 (+3) |
| Total | 99.98% | 20 | 05 | 90 (+7) | 7 | 9 (+9) |
Key Changes:
❖ The total number of seats was increased from 107 (as per 1995 delimitation excluding four seats of Ladakh) to 114 (increase from 83 to 90 for J&K and 24 for POJK (pre-existing seats not considered for delimitation)). The seven additional seats were distributed, with six going to the Jammu region (from 37 to 43 seats) and one to Kashmir (from 46 to 47 seats).
❖ Seven seats were reserved for Scheduled Castes (SC) in constituencies having SC populations ranging between 30.48% and 42.55%, all concentrated in the Jammu region.
❖ For the first time, a provision was included for the reservation of nine seats for Scheduled Tribes (ST) in constituencies having ST populations ranging between 34.17% to 81.84%, six in the Jammu region and three in the Kashmir region, including one of Anantnag which got merged in the Parliamentary constituency of Anantnag-Rajauri18.
Scheduled Tribes in J&K
It was only in 1989 that eight communities were notified as Scheduled Tribes via the Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989, and four communities (Gujjar, Bakkarwal, Gaddi and Sippi) were added via the Constitution (Scheduled Tribes) Order (Amendment) Act, 199119. The Scheduled Tribes accounted for 11.9% of J&K State’s population as per Census 2011.
Before the Assembly elections in 2024, Parliament passed the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2024 to include the Pahari Ethnic Group, Paddari Tribe, Koli and Gadda Brahmin communities in the list of STs20.
❖ Five Lok Sabha seats were earmarked for UT of J&K: Two in Jammu region and three in Kashmir region including Anantnag-Rajouri constituency, carved out by merging Anantnag (01/07 seats reserved for ST) in Kashmir Valley and areas of Poonch (02/03 seats reserved for ST) & Rajouri (03/05 seats reserved for ST) in Jammu region. 90 Assembly seats were distributed so that each of the five parliamentary constituencies has 18 assembly constituencies.
❖ In view of its mandate being limited to delimitation, the commission also made two recommendations based on consultations with interest groups representing Kashmiri migrants (Kashmiri Pandits) and Displaced persons from Pakistan-Occupied J&K (POJK) for consideration of the government. The commission relied on “Article 239-A, Creation of local Legislatures or Council of Ministers or both for certain Union Territories”21:
- Provision of at least two members (one of them must be a female) from the community of Kashmiri Migrants in the Legislative Assembly
- Such members may be given power at par with the power of nominated members of the Legislative Assembly of Union Territory of Puducherry
- Giving ‘Displaced persons from (POJK)’ some representation in the Jammu and Kashmir Legislative Assembly by way of nomination of representatives
Meaningful Inferences from the Delimitation
❖ Regional Representation Imbalance: Jammu region, with a population of 42.64%, got 47% of the Assembly seats and Kashmir region, with 55.04% of the population, got only 52% of the seats, thereby undercutting the relative value of the Kashmiri electorate.
❖ Precedent Setting: A first-time consideration of the geographical features, means of communication, public convenience and contiguity of areas over and above the average population of constituencies in J&K was earlier resorted to in the delimitation of Assam, published in August 2023. This is a precedence which can be applied to the delimitation of other Indian states afflicted by similar peculiarities, such as Arunachal Pradesh, Sikkim, Manipur, Nagaland, and other states affected by Left Wing Extremism.
❖ ST Reservation Impact: It has been controversially alleged that the distribution of ST seats was made to benefit the BJP; however, the assembly elections in 2024 resulted in not even a single ST reserved seat being bagged by the BJP. Therefore, the reservation for STs in the legislative assembly of J&K is a welcome step to afford representation to these nomadic tribes, which have suffered immensely throughout the region’s tumultuous history.
Recommendations
Specific recommendations which can be considered for the delimitation consequent to census 2026 are:
❖ Standardised Methodology: A standard methodology scientifically arrived at to approach the formation of constituencies based on the geographical features, means of communication, public convenience and contiguity of areas as various factors enumerated in Section 9(1) of the Delimitation Act, 2002, be formulated by an appropriate forum constituted by the Parliament to decide the same for similarly placed constituencies in the country.
❖ Displaced Populations: Provisions for nominating representatives of the Kashmiri Migrants and Displaced persons from POJK be taken up for consideration by the Parliament as recommended by the commission as a step towards facilitating the resettlement of these displaced populations.
Conclusion
Delimitation is a constitutional provision which cannot be bereft of political considerations in a parliamentary democracy. Ensuring a fair, transparent, and politically neutral delimitation process, although challenging, is imperative and a collective responsibility of the legislature’s commitment to the electorate. While the process in the UT of J&K has had its share of controversy, a healthy turnout of 63.88% was recorded at polling stations during the J&K Assembly Elections 2024, as against 58.58% in the last Lok Sabha polls, which reinforces the hopes and faith of the population in the democratic process.
Footnotes
Delimitation Commission. ‘DELIMITED LANDSCAPE OF UNION TERRITORY OF JAMMU & KASHMIR’. Delimitation Commission, n.d. https://www.eci.gov.in/Documents/Delimitation/DelimitedLandscapeOfUnionTerritoryOfJammuKashmir.pdf.↩︎
C Chakravorty. ‘History of Census in India’, n.d. PrimoPDF http://www.primopdf.com.↩︎
‘The Census Act 1948’, n.d. https://www.indiacode.nic.in/bitstream/123456789/8304/1/act_%26_rules_corrected_29-5-08%281%29_doc.pdf.↩︎
Bharti Jain, ‘Census 2021 to Resume in 2025: Digital Implementation and Major Changes’. TOI e Paper, 29 October 2024. https://timesofindia.indiatimes.com/india/census-2021-to-resume-in-2025-digital-implementations-and-major-changes/articleshow/114712233.cms#.↩︎
Professor Ashwani Kumar and Dr. Khushboo Srivastava. ‘Boundary Lines and Ballots: Exploring Delimitation, Electoral Dynamics, and Reservation in India’. Centre of Electoral Management Studies School of Development Studies Tata Institute of Social Sciences, Mumbai, n.d. https://casi.sas.upenn.edu/sites/default/files/upiasi/Motwane%20grant%202023-24%2C%20Ashwani%20Kumar-Khushboo%20Srivastava%20paper%2C%20Delimitation.pdf.↩︎
‘Instrument of Accession of Jammu and Kashmir’. South Asia Terrorism Portal (SATP), n.d. https://www.satp.org/satporgtp/countries/india/states/jandk/documents/actsandordinances/instrument_accession.htm.↩︎
Anand, Adarsh Sein. “KASHMIR’S ACCESSION TO INDIA.” Journal of the Indian Law Institute 6, no. 1 (1964): 69–86. http://www.jstor.org/stable/43949788.↩︎
VIKAS KUMAR. ‘The Politics of Numbers in Kashmir: From Plebiscite to Census (1991-2011)’. IIT, Center for the Advanced Study of India (CASI) of the University of Pennsylvania, 20 November 2023. https://casi.sas.upenn.edu/iit/vikaskumar#:~:text=In%202001%20and%202011%2C%20the,Jammu%2C%20Kashmir%2C%20and%20Ladakh.↩︎
Indianexpress.com. ‘SC Upholds Freeze on Delimitation in J-K till 2026’. 9 November 2010. https://indianexpress.com/article/india/latest-news/sc-upholds-freeze-on-delimitation-in-jk-till-2026/.↩︎
Data extracted from Delimitation orders 1966, 1976, 1995 and 2022.↩︎
‘Delimitation Of Parliamentary And Assembly Constituencies Order, 2008’. Election Commission of India, n.d. https://upload.indiacode.nic.in/showfile?actid=AC_CEN_3_20_00030_200233_1517807324510&type=order&filename=Delimitation%20Order,2008.pdf.↩︎
Data aggregated from https://www.census2011.co.in/census/state/jammu+and+kashmir.html and sources quoting Census of India.↩︎
G D Sharma. ‘J&K Delimitation Commission of 1995 Is Void Abnitio’. Daily Excelsior, 28 June 2019. https://www.dailyexcelsior.com/jk-delimitation-commission-of-1995-is-void-abnitio/.↩︎
Delimitation Commission. ‘DELIMITED LANDSCAPE OF UNION TERRITORY OF JAMMU & KASHMIR’. Delimitation Commission, n.d.↩︎
Delimitation Commission. ‘DELIMITED LANDSCAPE OF UNION TERRITORY OF JAMMU & KASHMIR’. Delimitation Commission, n.d.↩︎
PIB. ‘Press Release -DELIMITATION COMMISSION FINALISES THE DELIMITATION ORDER TODAY’. PIB Release ID: 1822939, n.d. https://pib.gov.in/PressReleasePage.aspx?PRID=1822939.↩︎
Delimitation Commission. ‘DELIMITED LANDSCAPE OF UNION TERRITORY OF JAMMU & KASHMIR’. Delimitation Commission, n.d.↩︎
Ashwani Kumar and Dr. Khushboo Srivastava. ‘Boundary Lines and Ballots: Exploring Delimitation, Electoral Dynamics, and Reservation in India’. Centre of Electoral Management Studies School of Development Studies Tata Institute of Social Sciences, Mumbai, n.d. https://casi.sas.upenn.edu/sites/default/files/upiasi/Motwane%20grant%202023-24%2C%20Ashwani%20Kumar-Khushboo%20Srivastava%20paper%2C%20Delimitation.pdf.↩︎
Kavita Suri. ‘Impact of Armed Conflict on the Seasonal Migratory Practices of Gujjar and Bakkarwal Tribes in Jammu and Kashmir’. IOSR Journal of Humanities and Social Science, January 2014. https://www.researchgate.net/publication/269752712.↩︎
‘Press Release: Parliament Passes the Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill 2024’. PIB Release ID: 2004918, n.d. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2004918#:~:text=through%20New%20Entry:-,Muka%20Dora%2C%20Mooka%20Dora%2C%20Nuka%20Dora%2C%20Nooka%20Dora%20with,ST%20boys%20and%20girls%20etc.↩︎
Delimitation Commission. ‘DELIMITED LANDSCAPE OF UNION TERRITORY OF JAMMU & KASHMIR’. Delimitation Commission, n.d.↩︎