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Delimitation in Jammu and Kashmir

Topic covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Delimitation in Jammu and Kashmir:


Context:

For Assembly elections to be held in Jammu and Kashmir, delimitation of seats will be necessary.

What is delimitation and why is it needed?

The Delimitation Commission for Jammu and Kashmir was constituted by the Centre on March 6 last year to redraw Lok Sabha and assembly constituencies of the union territory in accordance with the provisions of the Jammu and Kashmir Reorganisation Act, 2019, which bifurcated the state into union territories of J&K and Ladakh.

What is Delimitation?

Delimitation literally means the process of fixing limits or boundaries of territorial constituencies in a state that has a legislative body.

Who carries out the exercise?

  • Delimitation is undertaken by a highly powerful commission. They are formally known as Delimitation Commission or Boundary Commission.
  • These bodies are so powerful that its orders have the force of law and they cannot be challenged before any court.

Composition of the Commission:

According to the Delimitation Commission Act, 2002, the Delimitation Commission will have three members: a serving or retired judge of the Supreme Court as the chairperson, and the Chief Election Commissioner or Election Commissioner nominated by the CEC and the State Election Commissioner as ex-officio members.

Constitutional Provisions:

  1. Under Article 82, the Parliament enacts a Delimitation Act after every Census.
  2. Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.

 

Insta Curious: 

Did you know that till  August 2019, delimitation of Lok Sabha seats in J&K was governed by the Constitution of India, but the delimitation of the state’s Assembly seats was governed by the Jammu and Kashmir Constitution and Jammu and Kashmir Representation of the People Act, 1957?

 

InstaLinks:

Prelims Link:

  1. Previous delimitation commissions- powers and functions.
  2. Composition of the commission.
  3. Who can set up?
  4. Are changes allowed in final orders?
  5. Which are the constitution provisions related?

Mains Link:

How and why delimitation of constituencies is carried out? Discuss.

Sources: Indian Express.