NEW DELHI, Mar 11: Supreme Court Senior Advocate Ashok Bhan has today welcomed the visit of the Election Commission of India (ECI) to Jammu and Kashmir from Tuesday.
Bhan, a noted Kashmiri leader and Chairman of the Kashmir (Policy and Strategy) Group, said the people of the Union Territory have been longing and eagerly waiting for the ECI to declare the commencement of simultaneous elections to the Assembly along with the ensuing Parliamentary elections.
Bhan said the people have complained that the prolonged Governor rule is depriving them of their legitimate fundamental right to vote and elect a representative government of their own. The right to democracy through elections is one of the basic inalienable rights of the citizens.
Bhan recalled that the Supreme Court has held that democracy is one of the inalienable basic features of the Constitution and forms part of its basic structure. The concept of democracy as visualised by the Constitution pre-supposes the representation of the people in Parliament and state legislatures by elections. “As such the Governor rule is an exception and the elected representative government is the rule,” he said.
The Jammu and Kashmir Assembly was dissolved by the then Governor on November 21, 2018. It has been more than five years since the people have been deprived of their elected representation in the legislature. Bhan said this provides the opportunity to the ECI to consider and decide the elections to the Assembly along with the ensuing Lok Sabha elections.
Bhan said the ECI is expected to study the ground situation and appreciate that Kashmir “affairs” has a layered nature, obscured by distorted historical narratives, self-serving myths, and conflicting political interests.
“Yet, amidst these complexities, the current ECI needs to demonstrate a sincere commitment to fostering an environment conducive to peace and progress, aiming to break the cycle of violence perpetuated by adversaries, by restoring legitimate democracy in Kashmir.” Bhan said such a move aligns with the constitutional ethos of the nation and could pave the way for synchronised national and state elections.
Bhan said Article 324 of the Constitution vests the power to conduct all elections to Parliament and to the legislature of every state with the Election Commission.
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