Shiban Khaibri
Special position in almost everything comparatively with other states, the term of the state Assembly of Jammu and Kashmir is of six years instead of five. A five years’ term is by no means less adequate, it has other connotations as well in that the law makers must feel the pinch of going to the people again to seek their verdict depending on how they fared and at what level stood their performance in Government, at least earlier by a year. A six years’ term has the potentiality of plunging into somewhat of complacency. It may be recalled that the three regions of the state, Jammu, Kashmir and Ladakh have 37, 46 and 4 Assembly seats respectively. However, the Legislative Assembly was initially composed of 100 members which were later increased to 111 under the constitution of Jammu and Kashmir, by means of an amendment in 1988.
A view point
Out of these 111 seats, 24 are earmarked for those areas of the state which are under illegal occupation of Pakistan, generally called as PoK or Pakistan occupied Kashmir. These seats remain vacant and are not taken into consideration for Government formation, quorum or voting rights in the Assembly. It is a commitment, a firm reiteration thereof, that all those areas in PoK are in fact belonging to this state and hence to India. It may also be recalled that a farce exercise of conducting proxy elections in Gilgit – Baltistan a few weeks back, under the shadow of the gun by the usurper Pakistan was for the first time, under the leadership of Narindra Modi opposed by India, claiming it to be a disguised attempt by Pakistan to legitimize any claim of an area that belonged to India. So, at present, we have only 87 seats for which there are periodical elections under flourishing Indian democracy. The Governor, however, has the powers to nominate two female members if in his view and opinion; the women were not adequately represented.
Recently , while remembering the days of emergency on June 25 in a more comprehensive way as the Party which imposed it in the country under Smt. Indira Gandhi in 1975 exactly the same day is presently on forced leave, certain issues crept up obsequiously, one of them being to revert to 5 years’ term for our state Assembly. For this, the first condition would be a general acquiesce across the political thinking from all nationalist forces in the state and the second to bring in a suitable legislation for reverting to five years’ term. Interestingly, the most vocal among the political parties has been the BJP opposing the continuation of six year term and now being in Government with a sound footing of a formidable 25 seats, can take a call for this and exhibit that once it got an opportunity to have a stake in the running of the Government, it could manage to get the issue resolved, pending since 1977.
Agreed, the coalition has just completed its 100 days in office and everything to happen, for which the people voted them to power, in speed and gusto, would be unrealistic and to taunt and criticize on the drop of a hat , especially the coalition partner, the BJP, would be unrealistic. However, while in opposition, we know how the BJP made and pleaded for a genuine and a sensitive cause in respect of the issue of the term of the Assembly reinforces peoples’ expectations that the issue could be resolved. Calling the continuance of the six year term as a glaring misuse of the much talked about Article 370, the BJP had only two years back urged the then NC – Congress coalition, to end the anomaly and bring forth the required legislation. It is worth noting that Congress , the “grand Old Party” openly collaborated with the National Conference in continuation of the six year term.
The “darkest period of the Indian democracy” as the period of emergency (1975-1977) has mostly been termed as, had been instrumental in deferring elections to state Assemblies and the Lok Sabha by means of 42nd amendment of the constitution in 1976 and the state of Jammu and Kashmir “gladly” adopted it . At that time, the state was ruled by the tallest political leader of the state, late Sheikh Abdullah. However, it is interesting to note that all did not oppose the imposition of the emergency looking to all round student agitations, Railway strikes, Industrial un rest, political scheming of striking opportunism and the like over the country. Acharya Vinoba Bhave , the crusader of land reforms movement in India and much more respected across the country, as an iconic figure welcomed emergency by terming it as “an era of Anushasan” or an era of discipline. At once, interestingly, opponents of emergency converted themselves into calling him a “sarkari sant”. The communists hailed emergency as a medium of transformation of their “socialist ideas” and state socialism. They were also in favour of media control. M. G. Ramacharndran, the Tamil political icon too was all praises for the emergency. Noted journalist and writer Kushwant Singh, who believed that emergency brought relief to an already malfunctioning state, brought to a near collapse by “an irresponsible opposition”, was the main figure from the media, to hail emergency. Mother Teresa also supported emergency as according to her , “it brought happiness to the people”. So in this scenario, our state switched to 6 year term perhaps to “make people happier” here also.
The amendment of deferment of the term of the legislatures was promptly reversed by the then Janta Party when it took power following the defeat of Congress under Morarji Desai and veterans like Atal Behari Vajpayee and L . K Advani as cabinet ministers. It is noteworthy that while Sheikh Abdullah was quick to adopt the six year term following the 42nd amendment, he proved quite frugal in reversing it when the Janta Party Government at the centre did it with the result since 1977, the state Assembly continues to have a six year term. Questions are asked as to what special advantage, the people of all the three regions of the state are enjoying in continuance of an extended term and what disadvantage would equally be there under the 5 year term, no compulsions or constraints under Article 370 to justify the six year term can hold water. It is obviously, only the political class which stands advantaged. The BJP has now to prove its credentials in ensuring reversing the tenure of the term, now that it is in power as a partner in the Government. There should be at least uniform duration of our all democratic institutions in this state like other states in the country. The people are watching eagerly not to be belied, please.
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