National Conference opts out of J&K delimitation proceedings; opposes citing SC case

In a key development on Wednesday, the Farooq Abdullah-led J&K National Conference has opposed the delimitation exercise to be conducted in the Union Territory of J&K. In a letter addressed to Delimitation Commission chairperson Justice (retd.) Ranjana Desai, the NC parliamentarians highlighted that the Supreme Court had referred their plea challenging the constitutional validity of the Jammu and Kashmir Reorganization Act, 2019, to a 5-judge Constitution Bench for consideration. Thereafter, they called upon her to halt the delimitation proceedings as this exercise is being conducted in accordance with the provisions of the aforesaid Act which is under judicial scrutiny at present.

Referring to the erstwhile J&K Constitution, the delimitation of the constituencies should be undertaken only once the figures of the first census taken after 2026 are published. They also expressed their inability to participate in the Delimitation Committee meeting scheduled for February 18. Justifying their stance, the NC Lok Sabha MPs stated that their association with the proceedings will not be in tune with the mandate and the spirit of the Constitution as the constitutional validity of the Act is under challenge. 

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Here is the letter by NC MPs: 

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What is the delimitation exercise? 

Referring to the demarcation of boundaries of Parliamentary or Assembly constituencies, the delimitation process is carried out at regular intervals to ensure that each constituency has approximately an equal number of voters. It is usually done when a state is divided which is the case with J&K, which was split into the Union Territories of J&K and Ladakh. Elections have not been held in the state since the dissolution of the state Assembly on November 21, 2018. As per the Jammu and Kashmir Reorganisation Act, 2019, the number of seats in the Legislative Assembly of J&K shall be increased from 107 to 114. 

The delimitation of the constituencies will be determined by the EC in accordance with multiple factors. On February 18, 2020, the Ministry of Legislative Affairs requested Chief Election Commissioner Sunil Arora to nominate a member to the “proposed” Delimitation Commission for J&K. Subsequently, the EC mentioned that Election Commissioner Sushil Chandra had been selected as the CEC’s nominee.

As per the government notification dated March 6, retired Supreme Court judge Ranjana Desai and the State Election Commissioner of the concerned state or Union Territory were appointed as the other two members of the Delimitation Commission. Justice (retd.) Desai's tenure shall be for a period of one year or until further orders, whichever is earlier. On May 26, three JKNC Lok Sabha MPs Farooq Abdullah, Hasnain Masoodi, Akbar Lone and two BJP MPs Jitendra Singh and Jugal Kishore were nominated by the Ministry of Home Affairs as associate members of the Delimitation Commission to assist the three-member panel.

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