Wg Cdr Mahesh Chander Sudan (Retd)
We, the people of India, are aware of the fact that the Preamble of Indian Constitution presents the principles of the Constitution and also indicates its source of authority. It clearly shows that the people of India solemnly resolved to constitute India into a sovereign, Democratic and Republic state and to secure to all its citizens Justice, Liberty, Equality and fraternity. The constitution of India, thus adopted on 26th of November 1949, lays down various provisions to form a democratic set up, with absolute sovereignty and equal participation of all its citizens without any discrimination based caste, creed, sex and religion. Democracy defined by Abraham Lincoln is the type of government formed by the people, of the people and for the people. It is also appropriate to mention that the word Democracy comes from Greek Words, “Demos” meaning the people and “Kratos” meaning power; it infers that democracy can be thought of as “Power of the People”. It is therefore a way of governing which depends on the will of the people. To elicit the will of the people, our constitution provides for right to vote to each and every citizen who qualifies conditions outlined in Article 326 on the basis of Adult Suffrage. To regulate periodical holding of elections to the Lok Sabha and State Legislatures, the office of the President and Vice President of India, Article 324 of Indian Constitution provides for formation of Election Commission of India, as a permanent Constitutional Body, who is constitutionally authorized the power of superintendence, direction and control of all elections referred earlier. The framers of the Constitution of India clearly intended through provisions of the constitution to ensure participation of the people of India without any exception or discrimination.
However, it is seen that the people of Jammu and Kashmir are left to remain unrepresented contrary to constitutional provisions since 2018 despite the fact that mandates of voters across the length and breadth of the country is to be elicited through Elections on regular periodical basis except for provisions made in Article 356 of the Indian Constitution as temporary measures to ensure smooth administration in conformity with the Constitution that is limited to three years maximum and six months at one go. It is also worth mentioning that Article 14 of the Constitution provides for general principle of equality and bids on the state to ensure that no person is denied equality before the law and equal protection of the laws within the territory of India. Similarly Article 15 the Constitution forbids discrimination on grounds of religion, race, caste, gender or place of birth and seeks state intervention to ensure general principle of Equality.
It thus emerges that failure to hold Legislative elections since 2018 in the State of J&K and since Aug 2019 in the then formed JKUT therefore denies Constitutional Right to the people of Jammu and Kashmir, consequential suspension of democracy in the territory of Jammu and Kashmir, hurts general principle of equality as enshrined in the Article 14 and 15 of the Constitution and allows selective electoral process for local bodies and general elections for Lok Sabha. As highlighted earlier, the Constitution of India clearly earmarks responsibility of holding elections for Parliament, State Legislatures, office of the Vice President of India and the President of India to Election Commission of India under Article 324 and the Election Commission is constitutionally established permanent body formed to function independent of any political interference as it has constitutional mandate to function in a structured manner to establish the will of the people so elicited through free and fair elections for enhancing the spirits of democracy uncompromised. To achieve free and fair elections, Articles 324 to 329 empowers Election Commission of India to an extent that Supreme Court refused to interfere in the process of election at various occasions and instances quoting Article 329 of the Constitution especially referring to clause (b) of the said Article.
It is therefore established beyond an iota of doubt that non holding of legislative elections contrary to the constitution of India is a selective connivance conveyed by the Union Government to Election of India quite tacitly for political interest of the party in power and as such the people of Jammu and Kashmir are dealt through alternate arrangement of governance since Jul 2018. No doubt, Article 356 of Indian Constitution provides for imposition of President’s Rule for certain situation wherein the elected government of the state fails to govern in accordance with the provisions of the Constitution limited to a specified period. This provision is to be exercised with utmost care so that the Union Government brings the situation under control and restore democracy at the earliest to honor the will of the people and not to create an administrative ease for party in power.
Democracy establishes itself through the will of people and ignoring it would have consequential effects in the long term. In principle, the responsibility of holding elections in any part of Indian Territory, whether it is State/UT, rests with Election Commission of India as given in the Article 324 of the Indian Constitution, however the Prime Minister of India being an elected representative of the people and head of the government is also expected to ensure that the people of the affected territory are allowed to exploit their Constitutional Right to vote as provided vide Article 326 and are thus treated with General Principle of Equality as per Article 14. Any undue, undesired and unjustifiable delay in holding elections in any part of Indian Territory like J&K especially for Legislative Assembly selectively not only demoralizes the people at large but tarnishes the image of the permanent body established through Constitution of India as Chief Elections Commission and the Prime Minister of India, whosoever may be occupying it. It is in the right earnest to hold Legislative Elections in Jammu and Kashmir at the earliest possible opportunity to strengthen democracy and to enable the people of Jammu and Kashmir to avail their constitutional right to voter without any discrimination and selective approach. Jai Hind, Jai Bharat.
(The author is Coordinator AAP, Jammu Province)
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