Sanjeev Pargal
JAMMU, Dec 5: In a significant decision on political reservations, the State Government has decided to rotate seven seats reserved for Scheduled Castes (SCs) in the Jammu and Kashmir Assembly, which have already witnessed two additional elections than the normal two terms prescribed for them.
All seven reserved seats are presently represented by the BJP MLAs. Only Scheduled Castes have been given reservations in the State Assembly while there was no such provision for Scheduled Tribes, like some other State Assemblies.
Official sources told the Excelsior that there was tremendous pressure from within the BJP on the State Government to rotate reserved seats for the next Assembly elections.
“The State Government could now go for rotation of the reserved seats and, for the purpose, a Delimitation Commission could be set up by an Act of the Legislature,” sources said, adding that the Commission could comprise some top retired bureaucrats. It could be mandated to identify an equal number of Assembly seats i.e. 7 (other than the present ones) for reservation for Scheduled Castes in Lower House of the Legislature. The present reserved seats would then be opened for general category candidates.
Seats reserved for the SC category candidates in the present Assembly included Chhamb, Domana and RS Pura (all three in Jammu district), Chenani (Udhampur district), Hiranagar (Kathua district), Samba and Ramban. The BJP had won all seven seats in the Assembly during 2014 Assembly elections.
As per the existing guidelines, every reserved seat had to rotate after two elections. However, seven reserved seats of Jammu and Kashmir had witnessed four Assembly elections in 1996, 2002, 2008 and 2014 without being rotated.
“As all seven reserved seats fall in Jammu division, the BJP was under intense pressure from its local leadership to set up the Delimitation Commission for rotation of the reserved seats. Even the BJP’s Working Committee meeting had agreed on the issue and, accordingly, the matter has been taken up the Government,” sources said, adding that the Commission could be set up shortly for rotation of the seats.
The State Legislature at par with the Parliament had frozen the increase in number of Assembly seats by an act of legislation in 2001. However, according to sources, there was no bar on rotation of reserved seats and changing boundaries of the constituencies after the Legislature nod for setting up the Delimitation Commission.
“As the State has separate Constitution, it can even go for increase in number of Assembly seats by amending the Constitution provided that it has two-third majority for the purpose,” sources pointed out. The PDP-BJP Alliance has 58 seats in the Assembly plus two Nominated women seats, making it 60, which take them to two-third mark in the House of 89 (87 elected and two Nominated). They were just one seat short of two-third majority mark in the Legislative Council.
Former Deputy Chief Minister Tara Chand had won three consecutive terms from Chhamb in 1996, 2002 and 2008 while the BJP wrested the seat in 2014. In Chenani it had been the BJP in 1996, NPP in 2002, Congress in 2008 and BJP again in 2014. In Ramban, it was BJP in 1996, NC in 2002, Congress in 2008 and BJP again in 2014.
Janata Dal had won Domana in 1996 while the seat went to Congress in 2002 and BJP in 2008 and 2014. RS Pura had gone to BSP in 1996, Congress in 2002 and BJP in 2008 and 2014 while Hiranagar was with BJP in 1996, 2008 and 2014 and Congress in 2002. BSP had won Samba in 1996 while in 2002 and 2008, it remained with the NPP. BJP wrested Samba seat from NPP in 2014.
All reserved seats fall in Jammu region as there was no population of SCs in Kashmir and Ladakh region. Of 87 Assembly seats, Kashmir has 47, Jammu 36 and Ladakh 4.
Political reservations for the SCs are extended by through the Constitutional amendment by both Houses of the Legislature after every 10 years. In 2011, the State Legislature had passed the bill for extension of political reservations for another 10 years i.e. till 2011.
According to sources, the general category candidates on all seven reserved seats were suffering politically as they were unable to contest the Assembly elections there for four consecutive terms. While the SC candidates can contest from general seats, the general category candidates are barred from contesting the reserved seats.
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