59. Definitions.—In this Part, unless the context otherwise requires,—
(a) “associate member” means a member associated with the Delimitation Commission under
section 60;
(b) “Delimitation Commission” means the Delimitation Commission to be constituted under
section 3 of the Delimitation Act, 2002 (33 of 2002); and thereafter by any law made by the
Parliament.
(c) “Election Commission” means the Election Commission appointed by the President under
article 324 of the Constitution of India;
(d) “latest census figures” mean the census figures ascertained at the latest census of which the
finally published figures are available;
(e) “Parliamentary Constituency” means a constituency provided by law for the purpose of
elections to the House of the People from Union territory of Jammu and Kashmir and Union
territory of Ladakh.
(f) “Assembly Constituency” means a constituency provided by law for the purpose of elections
to the Legislative Assembly.
60. Delimitation of constituencies.—(1) Without prejudice to sub-sections (3) of section 14 of
this Act, the number of seats in the Legislative Assembly of Union territory of Jammu and Kashmir
shall be increased from 107 to 114, and delimitation of the constituencies may be determined by the
Election Commission in the manner hereinafter provided—
(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assembly, having regard to the relevant provisions of the Constitution;
(b) the assembly constituencies into which the Union territory shall be divided, the extent of
each of such constituencies and in which of them seats shall be reserved for the Scheduled Castes
or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the parliamentary
constituencies in each Union territory that may be necessary or expedient.
(2) In determining the matters referred to in clauses (b) and (c) of sub-section (1), the Election
Commission shall have regard to the following provisions, namely:—
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact areas, and in
delimiting them, regard shall be had to physical features, existing boundaries of administrative
units, facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled
Tribes shall, as far as practicable, be located in areas where the proportion of their population to
the total population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in the performance of its
functions under sub-section (1), associate with itself as associate members, four persons as the Central
Government may by order specify, being persons who are the members of the Legislative Assembly
of the Union territory of Jammu and Kashmir or four members of the House of the People
representing the Union territory of Jammu and Kashmir:
Provided that none of the associate members shall have a right to vote or to sign any decision of
the Election Commission.
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(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be
filled as far as practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting
proposals, if any, of any associate member who desires publication thereof in the Official Gazette
and in such other manner as the Commission may consider fit, together with a notice inviting
objections and suggestions in relation to the proposals and specifying a date on or after which the
proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date
so specified; and
(c) after considering all objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette, and there upon such publication, the
order or orders shall have the full force of law and shall not be called in question in any court.
(6) As soon as may be after such publication, every such order relating to assembly constituencies
shall be laid before the Legislative Assembly of the Union territory of Jammu and Kashmir.
61. Power of Election Commission to maintain Delimitation Orders up-to-date.—(1) The
Election Commission may by notification in the Official Gazette,—
(a) correct any printing mistakes in any order made under section 60 or any error arising therein
from inadvertent slip or omission; and
(b) where the boundaries or name of any territorial division mentioned in any such order or
orders is or are altered, make such amendments as appear to it to be necessary or expedient for
bringing such order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon
as may be after it is issued, before the Legislative Assembly.
62. Special provision as to readjustment of Parliamentary and Assembly Constituencies on
the basis of 2011 census.—(1) On and from the appointed day, notwithstanding the publication of
orders under sub-section (1) of section 10 of the Delimitation Act, 2002 (33 of 2002) or anything
contained in sub-section (2) or sub-section (4) of the said section, the Delimitation Act, 2002 shall be
deemed to have been amended as provided below:
(a) in section 2, in clause (f), the words “but does not include the State of Jammu and Kashmir”
shall be omitted; and
(b) for the purpose of delimitation of Assembly and Parliamentary Constituencies, the words
and figures “census held in the year 2001”, wherever occurring, shall be construed as words and
figures “census held in the year 2011”.
(2) Readjustment of the constituencies as provided under section 60 in the successor Union
territory of Jammu and Kashmir into Assembly Constituencies, shall be carried by the Delimitation
Commission, to be constituted under the Delimitation Act, 2002 (33 of 2002) as amended by this Act,
and shall take effect from such date as the Central Government may, by order, publish in the Official
Gazette, specify.
(3) Readjustment of the constituencies as provided under section 11 in the successor Union
territory of Jammu and Kashmir into Parliamentary Constituencies, shall be carried by the
Delimitation Commission, to be constituted under the Delimitation Act, 2002 (33 of 2002) as
amended by this Act, and shall take effect from such date as the Central Government may, by order,
publish in the Official Gazette, specify.
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63. Special provisions as to readjustment of Assembly and Parliamentary Constituencies.—
Notwithstanding anything contained in sections 59 to 61, until the relevant figures for the first census
taken after the year 2026 have been published, it shall not be necessary to readjust the division of
successor Union territory of Jammu and Kashmir into Assembly and Parliamentary Constituencies
and any reference to the “latest census figures” in this Part shall be construed as a reference to the
2011 census figures.
64. Procedure as to delimitation.—The procedure as provided in the law made by Parliament,
shall apply, in relation to the delimitation of Parliamentary and Assembly constituencies under this
Part as they apply in relation to the delimitation of Parliamentary and Assembly constituencies under
that law.