Wg Cdr Mahesh Chander Sudan (Retd)
We, the people of Jammu and Kashmir, are experiencing a typical governance of public resources while being the part of functional Indian Democracy and have not been allowed to exercise our constitutional right to franchise since 2014 unlike other citizens of Indian Union. The right to vote is a fundamental right in any democratic society. It is the cornerstone of our democracy, allowing citizens to have a say in who governs them and how they are governed. The rights to vote is not only a right but also a responsibility as it ensures that the voice of all citizens is heard and their interests are appropriately represented in the government. Article 326 of the Indian Constitution guarantees right to vote to each eligible adult and it states that the elections to the House of the People and to the Legislative Assemblies shall be held on the basis of adult suffrage as provided in the constitution without any discrimination. The right to vote is hard won right for many citizens around the world and the history of right to vote is closely tied to the broader struggle for political and social equality. It is a historical fact that the struggle for right to vote started in the early years of nineteenth century that ultimately materialized with adoption of the Constitution of India in 1950. The Articles 324 – 329 of the Indian Constitution deals with matters connected with holding of elections to Indian Parliament, state legislatures and the office of the President and Vice President of India. The Election Commission of India is a constitutional body and was established by the constitution of India to conduct and regulate elections in the Country. Article 324 of the Constitution empowers the Election Commission of India with powers to superintendence, direct and control elections to Parliament, state legislatures, the office of the President and Vice President of India.
As it stands that the Election Commission of India is a permanent constitutional body and operates under the authority of Constitution as per Article 324 and subsequently enacted Representation of Peoples Act 1951, it is thus expected from ECI to hold periodic, free and fair elections in the interest of democratic system as a basic structure of the Constitution. More so, it is one of the most important features of the democratic policy in India to hold elections at regular intervals. Delay or deferment in holding elections either for Parliament or any Legislative Assembly of a federation hurts the democratic spirit and works contrary to the concept of democracy that lays foundation for participatory governance of public resources for the larger welfare of the state. The state of JK (now UT) underwent electoral democratic exercise in year 2014 and the coalition government so formed by PDP and BJP could not run for full tenure and resultantly the assembly was dissolved on 21 Nov 2018 by then Governor of the state. Besides the fact that the Legislative Assembly has suffered five dissolution since 1977, the political fragility of the popular governments formed by various political entities remained a cause of concern in JK. The Constitution of India clearly underlines the responsibility of the Election Commission of India to carry out electoral process as and when it becomes due either on completion of tenure, pre term dissolution of elected government for any other reasons and for unforeseen national contingency involving security threats from any aggressive neighbor. In any case delay incurred in holding elections in any part of the country for uncertain period not only hurts the image of Constitutional body, Election Commission of India, so established and mandated to operate under the authority of Constitution as per Article 324 but also denies an opportunity to affected citizens who would have otherwise elected their representatives to form popular government in the right spirt of democracy and republic.
It is seen that the responsibility of holding elections periodically for Parliament and state legislatures rest with the Election Commission of India as per the highest law of land, the Indian Constitution, but on ground the ruling dispensation tries to manage the show to achieve its political ends. The framers of the Constitution of India could foresee possibilities of compromising with the electoral process and hence to safeguard the interest of voters they made constitutional provision under Article 324 for instituting an independent constitutional body that would function under constitution of India. The delay in holding legislative elections in Jammu and Kashmir since 2018 subsequent to dissolution of the legislative assembly could apparently have occurred more due to aforesaid reasons than the facts advanced by Union Government to extend the President Rule in the youngest Union Territory. All said and done, it is a clear cut compromise with the constitutional right of the people of Jammu and Kashmir contrary to the provisions of Article 326.
A democratic set up inherently demands participation of citizens in governance of resources either directly or through elected representatives but not through selected and appointed ones. As enshrined in the Preamble of Indian Constitution, the India is a Sovereign, Democratic Republic and the JKUT being a territory of Indian Union as specified in Article 2 of Indian Constitution, the people of Jammu and Kashmir are constitutionally entitled to participate in governance of public resources. Indian citizens are also entitled to elect the President of India through their elected representatives as such to hold the supreme power unlike many other democracies that have Constitutional Monarchies like United Kingdom. Holding of elections in a Republic democracy becomes more important as the head of the state is also elected by citizens of the state owing to Universal suffrage as provided in Article 326 and the people of JKUT could not extend their mandate in the recently held Presidential elections not of their own choice but due to circumstantial compulsion.
Inter alia, the people of Jammu and Kashmir are not only deprived of participatory governance of public resources but also left to suffer denial of supreme power as entitled to them as honorable citizens of Indian Republic. The responsibility of holding elections is constitutionally vested with Election Commission of India as given in Article 324-329 and Representation of Peoples Act 1951 as an autonomous constitutional body and delay or deferment in seeking mandate of the entitled citizens of Jammu and Kashmir since 2018 through Legislative Elections therefore be given due priority to ensure participatory governance of public resources for larger welfare of the State.
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