SRINAGAR: Except the Peoples Democratic Party (PDP) and Awami National Conference (ANC), all major political parties of J&K including those part of the People’s Alliance for Gupkar Declaration (PAGD), met the members of the Delimitation Commission on Tuesday in Srinagar.
The PDP and ANC said that it was “meaningless” to meet them, while the National Conference (NC) and the Communist Party of India-Marxist, both constituents of the PAGD, told the commission members that it was “unconstitutional” on their part to hold delimitation in Jammu and Kashmir because it had been frozen till 2026.
ANC Vice President Muzaffar Shah told Kashmir Reader that “stating our position before them would have meant nothing, therefore the party decided not to do it.”
Earlier, the party had decided to meet them.
National Conference’s Mian Altaf, who was one of the members from the NC in the meeting, said, “The decision of August 5, 2019, was unconstitutional, so was the reorganisation act formed after the special status was abrogated. So we told them to restore statehood before carrying out delimitation, and presented our memorandum before them.”
In the memorandum, the NC has stated that the JK Reorganization Act, 2019, was unconstitutional and was enacted in disregard and violation of the mandate and the spirit of Constitution of India and therefore was not to be acted upon.
“We are of the humble opinion that as the constitutional validity of the JK Reorganisation Act 2019 and the constitutional orders C.O. 272 and C.O.273 are under judicial scrutiny before the Hon’ble Supreme Court, the principle of Constitutional propriety demands that J& K Reorganisation Act 2019 should await decision of the Hon’ble Supreme Court,” it reads.
“We are of the view that under the principle of Constitutional Propriety fundamental to Constitutional democracy, the two pillars of the state – Executive and Legislature, must out of respect to the third pillar, i.e., the Judiciary, avoid to implement and exercise powers under an Act vires whereof are under scrutiny of the Court, as implementation of such an Act may amount to pre-empting the judicial verdict,” it adds.
Communist Party of India-Marxist senior leader MY Targami told Kashmir Reader that he told the commission members that he is not against delimitation but want it to be carried out along with in the rest of the country. Trarigami said that in 2002, the J&K Assembly had amended the Jammu and Kashmir Representation of the People Act, 1957, and Section 47(3) of the Constitution of Jammu and Kashmir to put a freeze on delimitation till 2026.
“The decision was in line with the pan-India freeze on delimitation till the first census after 2026. Both the Jammu and Kashmir High Court and the Supreme Court had upheld the decision of freeze on delimitation,” he said.
“The reality is that there is a lot of mistrust among people and rumour mongering has engulfed the region. Unfortunately, in the last several years, vested interests are trying to create a wedge between communities and regions in J&K. Under these circumstances, we are of the considered opinion that the 2011 census does not provide a guiding frame for the delimitation exercise. Neglected sections of population living in remote areas of J&K also must be given due representation. Our submission is to keep sensitivities of J&K in consideration while conducting the exercise. It should help in bridging the gaps between communities and regions instead of further widening it. For that, the perceived apprehension that the exercise is aimed at benefiting some sections of the population should be removed,” he further said.
“We also believe that any electoral exercise must create confidence among people and Assembly elections, whenever are held, must be conducted only after restoration of full statehood to J&K. It is not any favour, but our constitutional right. What is at stake is the credibility of the institutions and the process itself. For that, this exercise has to be seen as free, fair and just. For any electoral exercise, restoration of full statehood is a must,” he added.
The JK Apni Party on its part emphasised on fair conduct of delimitation in JK. The party’s senior leader Ghulam Hassan Mir, who met the commission members, told Kashmir Reader that delimitation must be done but in a fair and transparent way. He said he told the members that the population of JK must be taken into confidence, while the Pandit population, which have been given voting rights in Jammu, must be shifted back to Kashmir.
“We clearly told them that it is commonly believed that the commission has planned something beforehand, and these meetings are just eyewash. So, in order to maintain credibility, they must do it fairly,” he said. “Since the seven seats of the JK have been added by the reorganisation act, we told them to give to the districts where it is needed as per the population.”
Asked whether the party stated anything related to statehood, Mir said, ‘It was meaningless, because they don’t have the mandate to do anything about it. Those who spoke about it have actually wasted the mandate of people for two years. Had they done anything, something on statehood might have come.”
“We want statehood first, but tell me, would our stated position before the commission give us that? No. So, what was the point,” he said.
Sajad Lone-led Peoples Conference (PC) too met the delegation.
The Delimitation Commission for Jammu and Kashmir, headed by Justice (retd) Ranjana Prakash Desai, has arrived on a four-day visit on Tuesday to meet political leaders, civil society members, and District Election Officers in J&K.

Junaid Nabi Bazaz