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         applied to  the  entire country  until   2026 by amending the Jammu & Kashmir   reason to single out Jammu and Kashmir for
         2026 and contrary to the way some ill    Representation of the People Act, 1957, and   such an exercise once the delimitation was
         informed TV channels are trying to sell   Section 47(3) of the Constitution of Jammu &   frozen in all the states. “Delimitation cannot
         it, it isn’t just a J&K specific freeze. It’s   Kashmir.         be done when the Constitution of Jammu
         rather surprising that the BJP, which   The Governor, however, is deemed   and Kashmir does not permit it as the Con-
         talks about bringing J&K at par with   competent to amend Section 47 of the   stitutional mechanism to pave way for it is
         other states by removing (Articles)    Constitution to delete the objection-  not in place.”
         370 & 35A, now wants to treat J&K differ-  able proviso which barred the setting up
         ently from other states in this one respect.”  of a delimitation commission. Also, Sec-  Demographic reality
           Similarly, former chief minister Meh-  tion 3 of the Representation of People Act   J&K is India’s only Muslim majority state
         booba Mufti tweeted: “Distressed to hear   gives the Governor the mandate to form a    with a 68.3 per cent Muslim population.
         about GoIs plan to redraw assembly con-  delimitation commission.  Hindus are the second largest community
         stituencies in J&K. Forced delimitation is an                    with 30 per cent population followed by
         obvious attempt to inflict another emotional                     Sikhs who are just 2 per cent, and Buddhists
         partition of the state on communal lines. In-  the reports on the   who are a little more than 1 per cent.
         stead of allowing old wounds to heal, GoI is   plans about          So, demographically speaking there is
         inflicting pain on Kashmiris.”          starting the             no scope for a Hindu Chief Minister based
           The People’s Conference leader Sajad   delimitation process    on communal considerations. That is, un-
         Gani Lone, otherwise seen close to the BJP                       less Hindus and Muslims in a true secular
         has also slammed the move. “Hope and pray   for Jammu and        spirit don’t set much store by the religion of
         that media reports about Kashmir aren’t   kashmir assembly       the politicians.
         true. Don’t understand the earth shattering   constituencies has    But this doesn’t seem to be the case now.
         hurry. And this perception of being wronged   triggered a sharp   More so, with the BJP trying to accomplish
         at a provincial level. If thousands of graves                    this seemingly impossible task through po-
         in Kashmir don’t add up to people being   response from both     litical engineering, with delimitation being a
         wronged, I wonder what wronged means,”   national Conference     step in this direction.
         tweeted Lone.                           and people’s                “People are given to understand that a
           However, for now, the BJP seems intent   democratic party      commission would be set up in right earnest
         on moving ahead with the fraught proposal.                       and it will complete the delimitation by the
         On his first day in office, Home Minister                        time Assembly elections are held,” read an
         Amit Shah had closed door meetings with   Member Parliament and the former   editorial in a local daily. “This means that the
         Governor Satyapal Malik, Intelligence Bu-  High Court judge Justice Hasnain Masoodi   government intends to speed up the process
         reau Director Rajiv Jain and Home Secretary   differs. According to him, the elected gov-  not to reflect the new electoral ground real-
         Rajiv Gauba.                     ernment is important for delimitation ex-  ity but to correct the alleged imbalance in
           This has deepened apprehensions in   ercise. “Such an exercise can be undertaken   seat sharing between Jammu and Kashmir.”
         the Valley. People see the move as part of a   only after the elections are held, state as-  And should this happen, it will only add
         larger plan to alter the demography of the   sembly and a duly elected government are   a new layer of conflict to the long trou-
         state. Adding to the complications is that J&K   in place and necessary amendment is made   bled situation. The majority community in
         is under Governor’s rule, so carrying out de-  in Section 47 of the Constitution of Jammu   the state will see it as part of their planned
         limitation exercise is deemed to be devoid of   and Kashmir and Section 3 Jammu and   disempowerment.
         legitimacy. However, the last delimitation on   Kashmir Representation of Peoples Act 1957,   “The consequent sense of siege could
         provisional basis was done in 1993 by Gov-  pre-poning the delimitation. Any effort of   throw Kashmir deeper into turmoil,” says
         ernor Jagmohan when Jammu and Kashmir   delimitation would be a misadventure and   Naseer Ahmad, a local columnist. “Delimi-
         was divided into 87 assembly constituencies.   offend the Constitution and the Representa-  tation or any other changes should not be
           Though next exercise was due in 2005,   tion of Peoples Act,” Justice Masoodi said in a   pursued without taking people on board
         but in 2002, the Farooq Abdullah govern-  statement.             and creating a wider political consensus”.
         ment chose to freeze delimitation until   Also, Justice Masoodi says that there is no   letters@tehelka.com



                                          tehelka / 30 june 2019  21  www.tehelka.com
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