SNS KASHMIR
SRINAGAR, FEBRUARY 16 :
National Conference has given written reply to Delimitation Commission copy of witch is with SNS kashmir reads as under.
Hon’ble Chairperson and Hon’ble Members of
Delimitation Commission of India, New Delhi – 110021.
Subject : Delimitation of Parliamentary and Assembly Constituencies in respect of UT’s of Jammu and Kashmir.
In the matter of:
Comments / Objections to working papers 2-6 dated February 03,2022 and made available on February 05, 2022.
PRELIMINARY COMMENTS/OBJECTIONS
That we have in our Comments/Objections to Paper-1 made available to us on December 20th 202, 1 taken a threshold objection to the delimitation exercise being undertaken by the Hon’ble Delimitation Commission (hereinafter, the Hon’ble Commission) on the ground that the delimitation exercise offends constitutional proprietary and may well amount to pre-empting the judicial verdict in the batch of petitions questioning the abrogation of Article 370, other decisions and division of the State of Jammu and Kashmir into two Union Territories. We earlier also took the objection in our reply dated February 17th, 2021 and thereafter in the memorandum submitted to the Hon’ble Commission on its visit to Jammu and Kashmir on 06th July 2021 and communication dated 11th December 2021. We have all along taken the consistent stand from the very first date, the Hon’ble Commission commenced proceedings that the exercise violates the fundamental canons of ethics of the Constitution, its values and morality and above all the constitutional proprietary. We have time and again reiterated the request that Hon’ble Commission must stop the exercise and await the judicial verdict on all important constitutional issues and jurisdictional questions going to the root of the matter.
The Hon’ble Commission owes its origin and existence to the Section 3 of Delimitation Act, 2002. The Central Government in exercise of powers under the Section 3 of the Delimitation has vide Notification dated March 6, 2020 constituted the Hon’ble Commission. The Delimitation Act 2002 was not applicable to State of Jammu and Kashmir. It was made applicable to Jammu and Kashmir UT by Section 96 of the Jammu and Kashmir (Reorganisation) Act 2019 and the corresponding law Jammu and Kashmir Representation of Peoples Act, 1957 repealed. The Jammu and Kashmir (Reorganisation) Act 2019 is under judicial scrutiny. The constitutional validity of the law under which the Hon’ble Commission has been constituted being examined by the highest constitution Court of the country the constitution validity and jurisdiction of the Hon’ble Commission is also under examination of the Hon’ble Apex Court. The Hon’ble Commission is therefore under the all-important norms and principles of constitutional proprietary and out of deference to the Hon’ble Supreme Court required to stop the exercise till the judgment is rendered in the matter.
The Hon’ble Commission in terms of the Notification dated March 6, 2020 is mandated to delimit the constituencies in accordance with Part V of the Jammu and Reorganisation Act 2019. The vires of Act including Part V of the Act are being examined by the Hon’ble Supreme Court. The Act is constitutionally suspect law and it would appropriate for the Hon’ble Commission to stay its hands till the constitutional validity of the law whereunder its constituted is determined.
The Preliminary comments/Objection of the response submitted on December 31, 2021 to Paper-1 may kindly be read with the present response.
DETAILED COMMENTS/RESPONSE
Without prejudice to our stand set out in the Preliminary Comments/ objections, it is submitted that the Hon’ble Commission while preparing Working Papers 2-6 has given a complete go by the fundamental principles of universal application, that govern a delimitation exercise. The democracy as the often quoted emphasises means ‘government of the people, by the people and for the people’. The delimitation is integral part of the democratic process. It is a periodic exercise undertaken to take note of demographic changes and ensure the everyone has his views articulated and heard and is an equal participant in the governance. There is constantly an increase in population. The people migrate from one place to another in pursuit of employment, better environment and better living conditions. It becomes necessary to periodically delimit the constituencies so that equal representation is maintained and no segment of population goes unrepresented or under represented. The population in such an exercise obviously takes the centre stage, is of primary focus and variation in population is the main consideration. The object is to ensure the people have equal representation as is mandated by the fundamental principles of democracy. The Hon’ble Commission while making the exercise, as evident from a bare look on the Working Papers 2-6 and the annexures to this response has not at all adhered to this fundamental principle. The population has been pushed to the backseat and other consideration allowed to play the pivotal role.
The Hon’ble Commission has ignored and lost sight of the mandate of Article 81(2)(b) while making the exercise and preparing Working Papers 2-6. The Article 81(2)(b) requires the Hon’ble Commission to divide State/UT into territorial constituencies in such manner that the ratio between population of each constituency and number of seats is same throughout the State/UT. It would be appropriate to reproduce the constitutional provision hereunder:
- (2) (a)
(b) each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number seats allotted to it is, as far as practicable, the same throughout the State.
The Hon’ble Commission, as the submission that follow would make abundantly make clear has not respected the spirit and mandate of the Constitution.
The Hon’ble Commission has in the first place arbitrarily devised some unknown criteria while apportioning and identifying increased 7 seats and selectively applied the criteria so fixed and thereafter allotted seats compromising the fundamental principle of population as the main criteria. The increased seats have been arbitrarily allotted even in violation of -10% and +10 % of the average criteria fixed and notified in Paper -1. The criteria provided that while 136304 would be average population of an Assembly Segment, -10 % allowance would be given having regard to tough terrain, lack of connectivity, hardship faced by people. In such cases Assembly Constituency would be allotted for population 10% below the average. The parameters or indicators of criteria were not made known to the associate members. However, the decision as regards allocation of increased 7 seats in the ration of 1:6 though arbitrarily and ignoring our objections, was taken before Paper-1 was circulated and response invited from associate members the comments/Objection filed on December 31, 2021 though cogent and convincing were ignored. The arbitrary allocation of increased seats for reasons other than contemplated under law and logic, have made now huge violation of fundamental principles of a delimitation exercise unavoidable.
A bare look at the Working Papers 1-6 would reveal that the population as the first and foremost criteria of delimiting the Constituencies has not been the place prominence it must have in criteria, it deserves. The deviation in population ranges from 56077 more than average of 136304 in case of 41-Dooru to 85025 less than average in case of 50-Padder. There are seven Assembly segments with less than 100,000 population ( Paddar, Shri Mata Vaishnav Devi, Bani Mughal Madaan, Basohli, Ramgarh and Kishtwar) in Jammu Province while number of such constituencies is only three (Gurez, Karnah and Kunzer). Likewise there are eighteen Assembly segments with population of more 1,50,000 in Kashmir Provinces while number of such Assembly segments is seven in case of Jammu province. Twenty Four constituencies in Kashmir Province have more than average population of 136304 while population of only eight constituencies in Jammu Province exceeds the average population of a constituency worked out by the Hon’ble Commission. The population of Dooru almost equals population of three constituencies – Paddar, Shri Mata Vaishnav Devi and Bani constituencies of Jammu. While a little less 2 lac people of Dooru will have one member in Assembly an almost equal population from aforementioned 3 constituencies shall have three members in the Assembly. The people of Dooru from therefore cannot not be equal stakeholders in decision making and equal participants in governance. The Working Papers 2-6 script a storey of disempowerment and disenfranchisement of Kashmir and far flung unattended areas of Jammu.
Even when district and not State as envisioned in Article 81(2)(b) is taken as a unit, Anantnag, Budgam, Kupwara and Srinagar Districts having regard to the population and criteria of +/- 10% fixed by the Hon’ble Commission itself in Paper -1, deserve to be allotted an extra Assembly segment each out of the seven increased seat while Rajouri, Poonch and Doda in Jammu province is to get one each. The Hon’ble Commission without any ignoring the just claim of Anantnag, Budgam, Srinagar and Poonch has unjustifiably allotted in one each from the increased seats to Reasi, Kathua, Samba, Udhampur, Kishtwar when the criteria laid down did not make the Districts eligible for increase. Baramulla with 100 km long LoC does get an extra seat while a suburban industrialised district with 900 sq km area gets an extra Assembly segment in the name of proximity to IB.
The Hon’ble Commission after population as the first and foremost criteria is required to examine contiguity, connectivity, accessibility of an area/village/hamlet with the Assembly segment to which it is proposed to be annexed. It would be worthwhile to extract section 60 of Jammu and Kashmir Reorganisation Act 2019 to elucidate the point:
Section 60 (2) (b) all constituencies shall, as far as practicable, geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative unit, facilities of communication and convenience to the public.
A closer look at the Working Papers 2-6 would reveal that in most of cases geographical compactness, facilities of communication and convenience to the public spelt out in Section 60 (supra) have not attracted any consideration. The constituencies have been demarcated, areas joined and areas annexed without least regard for these factors and for reasons other than permissible under settled norms. 85 – Rajouri presents a unique example in this regard. Sohna PC, Doongi PC and Bagla PC situated at the tail-end of 85-Rajouri have annexed with 87-Thana Mandi. The inhabitants of these areas have to cross entire Rajouri to reach Thana Mandhi. All the fundamental legal parameters have been grossly violated with least consideration of the hardship the people may have to suffer. The only reason do such huge injustice seemingly is to exclude these areas mainly populated by ST community so that 85-Rajouri with 33.84 % ST population is not declared and instead have Poonch-Haveli with next highest ST population declared as ST reserved Constituency. The 90-Mendhar is another case in the point. Banola PC and Salwah PC have carved out of the heart of the Mendhar Constituency and annexed with 88-Surankote, without any reason or justification. Banola PC and Salwah PC donot have any connectivity with Surankote and 25, 000 inhabitants would be exposed to immense hardship. 88- Pooch-Haveli has the same storey to narrate. Arial PC, Mandi PC and Bedar Balnai PC have been picked up from the middle of Tehsil and annexed with 88- Surankote raising its population to 188154 and in the process causing hardship to inhabitants of these PCs having no connection, communication or access to Surankote.
Anantnag west has annexed with it Imoh PC previously part of now fragmented Shangus Constituency and about 40 Km from headquarter of the 43-Anantnag West. This is the storey in most of the Assembly segments. The Hon’ble Commission has carved out geographical islands and joined with the other Assembly segments without any proximity or connectivity. The Annexure -I enclosed herewith is only to illustrate the pattern of departure from set practices and universally followed norms and does not cover all the segments.
What can be more shocking example of unrealistic. Illogical and irrational demarcation of a Parliamentary Constituency than that of 3-Anantnag Constituency. The Hon’ble Commission has joined Anantnag, Kulgam and Zainapora from Shopian District with Poonch and Rajouri Districts without any regard for the terrain, geography, connectivity, accessibility, and overall convenience. The Hon’ble Commission has not in th least the Anantnag, Kulgam and Zainpora are separated by mighty Pir Panchal Range and the area are in- accessible for half the year because of heavy snowfall. The draft proposal makes no sense looking from any angle. The only result would be huge hardship to the people of Poonch, Rajouri and also far flung areas of south Kashmir. Redrawing of boundaries of Srinagar and Baramulla depicts similar indifference to the guiding principles of compactness, contiguity and connectivity while making delimitation exercise. Shopian has been made part of Srinagar Constituency and Budgam and Beerwah part of Baramulla in utter disregard of the settled guiding principles and to huge inconvenience of the people.
- The Working Paper 2-6 shockingly obliterates a number of Constituencies of historical importance. To name a few Habakadal, Amirakadal, Zadibal, Shangus, Kokernag, Sangrama, Gulmarg, Hom Shali Bugh, Inderwal, Gandhi Nagar are made to disappear and completely obliterated unmindful of their emotional, psychologica value and importance. Habakadal has name of famous poetess queen Habba Khatoon associated with it, while Amira Kadal makes us remember the name of Governor Amir Khan one the Governors who has made significant contribution to architecture and urban development. It appears that the Working Paper 2-6 is being used as a device to deface and obliterate history and make an assault on culture. It is shocking when efforts are being to restore old names of cities and towns in the Country, a conscious effort is being made to obliterate and remove history and culture of Jammu and Kashmir. The names of places, towns and cities are symbols of culture and history and deserve to be respected. The constituencies therefore must be restored.
- The Hon’ble Commission has made the exercise without visiting different parts of north Kashmir, South Kashmir, central Kashmir, Pir Panchal, Kathua and other district and sub district headquarters. The Hon’ble Commission did not meet and interact with cross section of people and civil society groups across Jammu and Kashmir and the draft does not reflect the aspirations and views of the general public.
- That non application of mind is writ large on the Working Paper 2-6 as must be clear from the submissions made above and the proposals there deserve to be withdrawn and whenever permissible under the Constitution a fresh look given to it after wider consultation and interaction with all sections of society.
- That the Working Paper 2-6 proposals for the reasons set out in preceding paras and for the reasons that may be submitted hereafter are not acceptable and should not be acted upon as these would result in grave injustice to every segment of the population and also violate the fundamental principles that govern the delimitation exercise and are to be abided by the Hon’ble Commission
- That we reserve the right to make further oral and written submissions in support of the submissions made above.
- That this memorandum along with annexures be kindly taken on record and made part of the report/ proposal/ document if any notified.
In the premises and having regard to the submissions made and the annexures enclosed and the submissions to be made as and when the Hon’ble Commission may be pleased to allow, it is respectfully prayed:
That Hon’ble Commission having due regard to the cogent and convincing submission made in para 1 to 13 above may be pleased to stop the Delimitation exercise forthwith pending final adjudication and disposal of the batch of writ petition questioning Vires and constitutional validity og Jammu and Kashmir Reorganisation Act 2019.
The draft proposal made in Working Paper 2-6 proposing demarcation of the Assembly Constituencies and Parliamentary constituencies be withdrawn without acting upon the proposals in any manner or proceeding ahead in the matter.
With regards
Dated 14-02-2021
Dr Farooq Abdullah, Member of Parliament
Srinagar Lok Sabha Cnstituency
(Associate Member)
Mr. Mohamad Akbar Lone, Member of Parliament
Baramulla Lok Sabha Constituency
(Associate Member)
Hasnain Masoodi, Member of Parliament
Anantnag Parliamentary Constituency
(Associate Member)