Law Ministry extends term by 2 months, report by May 6
42 days time likely for claims & objections from all
Sanjeev Pargal
JAMMU, Feb 22: A day after Union Home Minister Amit Shah’s statement indicating year-end Assembly elections in Jammu and Kashmir, the Central Government today dropped another hint that the Union Territory was heading for polls as the Law Ministry extended term of the Delimitation Commission by two months only which means the Panel will have to finalize the report before May 6.
There were indications that the Commission is likely to put draft report in public domain in the month of March for claims and objections by political parties, organizations and individuals and then visit Jammu and Kashmir also for public hearings.
A notification issued by the Union Ministry of Law and Justice Department today approved extension of two months for the Delimitation Commission headed by Justice (Retired) Ranjana Prakash Desai and comprising Chief Election Commissioner (CEC) Sushil Chandra and State Election Commissioner (SEC) KK Sharma.
Term of the Commission, which was due to expire on March 6, has now been extended till May 6 by when it will have to finalize its recommendations for delimitation of 90 Assembly constituencies in the Union Territory of Jammu and Kashmir.
This is second extension in tenure of the Panel, which was set up on March 6, 2020 and given one-year time to submit report. However, it held just one meeting with Associate Members in New Delhi in the first year and its term was extended by another year on March 6, 2021.
The Commission had visited Jammu and Kashmir for four days from July 6-9 last year. It has so far held two meetings with five Associate members—first on February 18, 2021 and second on December 20, 2021. It submitted draft report to the Associate Members on February 5, 2022. In its December 20, 2021 meeting, the Panel shared with the Associate Members its recommendations of increasing six Assembly seats in Jammu division and one in Kashmir division besides reservation of seven seats for Scheduled Castes and nine for Scheduled Tribes in the House of 90.
Meanwhile, sources said, the Commission could visit Jammu and Kashmir again after putting draft report in public domain in the month of March to meet delegations and take their opinion on the report before finalizing its recommendations.
“The Commission may or may not hold another meeting with the Associate Members now as its has already held two sittings with them and obtained their suggestions/objections on the draft report,” sources said, adding it was discretion of the Panel whether to consider objections of the Associate Members or not.
The Associate Members include Union Minister of State in the Prime Minister’s Office (PMO) Dr Jitendra Singh and Jugal Kishore Sharma, both BJP Lok Sabha members from Jammu division and Dr Farooq Abdullah, Mohammad Akbar Lone and Hasnain Masoodi, all three NC MPs from Kashmir valley.
The Commission, according to sources, could put its report in public domain in the month of March and invite claims and objections from political parties, organizations and individuals for 42 days. After putting the report in public domain, the Panel could also visit the Union Territory for public hearings.
Sources said if the Panel submits its report on May 6 which is the new deadline as per fresh extension of two months, the Assembly election could be held in November-December this year or March-April next year as only yesterday Union Home Minister Amit Shah had stated that the polls in Jammu and Kashmir will be held within six to eight months after finalization of Delimitation Commission recommendations.
Jammu and Kashmir is without an elected Government since June 19, 2018 i.e. for last more than three and half years when BJP had withdrawn support to Mehbooba Mufti-led PDP-BJP coalition Government leading to imposition of Central rule in the State which was later bifurcated into two Union Territories of J&K and Ladakh and its special status withdrawn on August 5, 2019.
Once the delimitation exercise is completed, the number of Assembly seats in Jammu and Kashmir will go up from 83 to 90.
Twenty-four seats of the Assembly continue to remain vacant as they fall under Pakistan-occupied Jammu Kashmir (PoJK).
While splitting Jammu and Kashmir into two Union Territories through the Reorganization Act, the Union Home Ministry had increased Assembly seats of Jammu and Kashmir by seven taking total seats to 114-24 of which are reserved for PoJK while election will be held for 90 seats.
Erstwhile State of Jammu and Kashmir had 111 seats including 24 reserved for PoJK while elections were held for 87 seats. With creation of Ladakh as Union Territory, four seats of the region were reduced and the Assembly was left with 83 seats. However, with increase of seven seats, J&K UT will have an Assembly of 90 seats. Two women MLAs will be nominated to the House, which was the position earlier also.
In the previous Assembly, Kashmir had 46 seats, Jammu 37 and Ladakh four.
Delimitation of the Assembly constituencies was last held in 1994-95 during the President’s Rule when seats of the erstwhile State Assembly were raised from 76 to 87. Jammu region’s seats were increased from 32 to 37, Kashmir’s from 42 to 46 and Ladakh’s two to four. However, the delimitation was freezed in 2002 by the then National Conference Government headed by Dr Farooq Abdullah in lines with the decision taken by then Central Government led by Atal Bihari Vajpayee.