As demand for de-freezing the seats "reserved" for displaced persons from Pakistan-occupied Jammu Kashmir (PoJK) gained momentum, the Election Commission of India (ECI) made it clear that the matter is under the jurisdiction of the Union Government.
Responding to the appeal of a Jammu-based lawyer, ECI said that the Central Government may consider giving representations to displaced persons of PoJK in the assembly of the Union Territory of Jammu and Kashmir.
"The Delimitation Commission constituted for the purpose of constituencies delimitation in UT of Jammu and Kashmir is already ceased to exist from May 5, 2022, after the publication of its final Delimitation order in respect of UT of Jammu and Kashmir," ECI stated in its reply.
Delimitation Commission also recommended representation for PoJK displaced persons
The Delimitation Commission, while submitting its final report for the delimitation of 90 Assembly constituencies in Jammu and Kashmir on May 5, recommended that the Central Government may consider giving the displaced persons of PoJK some representation in Jammu and Kashmir Assembly by way of the nomination of their representatives.
"During the public hearing, the Commission received a number of representations from the Kashmiri migrants and displaced persons from PoJK. The Kashmiri migrants represented that they were persecuted and forced to live in exile as refugees in their own country for the last three decades. It was urged that to preserve their political rights, seats may be reserved for them in J&K Assembly and Parliament. The displaced persons from PoJK also requested the Commission to reserve a few seats for them," the Commission pointed out.
24 seats were reserved for residents of PoJK in the legislative assembly of J&K
In the Legislative Assembly of the erstwhile State of J&K, 24 seats were reserved for the residents of PoJK who were part of the undivided J&K before 1947. Refugees from PoJK living on this side of the Line of Control (LoC) have raised the demand of de-freezing at-least eight of these reserved seats as per the proportion of their population.
In the Reorganization Act of J&K passed by both Houses of Parliament on August 6, 2019, the UT of J&K has been granted 90 assembly segments with an increase of seven seats.
In the Legislative Assembly of the J&K 24 seats have been kept "reserved" to give representation to the areas of undivided J&K, presently occupied Pakistan. In undivided J&K, there were 111 assembly seats before 1947.
As 33 percent population from occupied areas had migrated to this side of LoC in 1947, refugees from those areas raised the demand of allotting them those reserved seats as per their population.
