Explained: What is delimitation, how is it done, why is it controversial in Jammu and Kashmir

Delimitation is the process of redrawing boundaries of a parliamentary or assembly constituency. The process is carried out every few years to ensure that each constituency has approximately an equal number of voters so that a set number of voters have one representative in the Lok Sabha as well as in state assemblies across the country.

The exercise is undertaken by the Delimitation Commission, whose orders are legally binding and cannot be questioned before any court. Even Parliament cannot suggest modifications to an order issued by the commission.

The commission is headed by a retired Supreme Court judge and includes the Chief Election Commissioner or Election Commissioner and state election commissioners. Additionally, five MPs and five MLAs of the state are chosen as associate members of the commission.

According to Article 82 of the Constitution, Parliament enacts a Delimitation Act after the Census, which is held every 10 years. Subsequently, a Delimitation Commission is constituted by the Union government.

This panel examines population data, existing constituencies, and the number of seats to be analysed. It holds meetings with all the stakeholders and submits its recommendation to the government.

Thereafter, the draft report of the Delimitation Commission is published in the Gazette of India, the official gazettes of the state(s) concerned, and at least two vernacular publications to seek feedback from the public.

A delimitation commission was first constituted for J&K in 1952. Assembly seats in the then state were delimited in 1963, 1973, and 1995. The next delimitation exercise was supposed to be held in 2005 but it was stopped in 2002 after the Farooq Abdullah government froze the exercise until 2026 by amending the Jammu & Kashmir Representation of the People Act, 1957, and Section 47(3) of the Constitution of Jammu & Kashmir.

So far, delimitation in J&K was governed by the Jammu and Kashmir Constitution due to the special status it was accorded under Article 370. However, it will now be done according to the Indian Constitution as the Centre abrogated Article 370 in 2019.

Till 2019, the J&K assembly had 87 seats — 46 in Kashmir, 37 in Jammu, and 4 in Ladakh — but as per the Jammu and Kashmir Reorganisation Act of 2019, the J&K assembly, after the delimitation exercise, will have 114 seats. In practice, the assembly will just have 90 seats as the other 24 seats are reserved for Pakistan-occupied Kashmir.

The exercise has sparked controversy in J&K. The parties, including the BJP, that have been seeking greater representation for Jammu in the Assembly argue that the 2002 freeze has resulted in a skewed representation for the region.

While the BJP seeks a greater representation for Hindu-dominated Jammu in the Assembly, political parties in the Valley, including PDP and National Conference, want Muslim-dominated Kashmir to continue having greater representation.

While the Mehbooba Mufti-led Peoples Democratic Party (PDP) declined to meet the Delimitation Commission on July 6, some leaders of other mainstream political parties in Kashmir met the panel members.