Legislative assembly

Jammu and Kashmir Assembly to miss presidential elections for second time in history

The Jammu and Kashmir Reorganization Act provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir, but the election has yet to take place due to various reasons.

The Jammu and Kashmir Reorganization Act provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir, but the election has yet to take place due to various reasons.

As India elects its next president on July 18, the Union Territory of Jammu and Kashmir’s Legislative Assembly will not take part in the exercise for the second time in the history of the election at most. high constitutional post.

There have been precedents of state legislatures failing to participate in presidential elections due to dissolution, the first such example being that of Gujarat in 1974.

The assemblies of Assam, Nagaland and Jammu and Kashmir were also unable to participate in subsequent elections due to their dissolution.

In the present case, the Legislative Assembly of Jammu and Kashmir has yet to be constituted after the former state was split into the union territories of Jammu and Kashmir and Ladakh in 2019.

The Jammu and Kashmir Reorganization Act provides for a Legislative Assembly for the Union Territory of Jammu and Kashmir, but the election has yet to take place due to various reasons.

In 1974, Gujarat was in the throes of the Navnirman movement, which led to the dissolution of the state government led by Chimanbhai Patel.

Against the background of demands for the postponement of the presidential election, a referral was made to the Supreme Court to take its opinion and stifle any controversy in the bud.

The Supreme Court had ruled that the presidential election should be held and completed within a time frame allowing the elected president to take office upon the expiration of the term of the incumbent president and that, therefore, the election should take place even if the Legislative Assembly of Gujarat did not exist then.

The Supreme Court noted that Article 54 of the Constitution only mentions the Chambers of Parliament and the Legislative Assemblies for the sole purpose of showing the qualifications of the members of the electoral college.

“Elected members of a dissolved state legislature are no longer members of the electoral college consisting of the elected members of both houses of parliament and the elected members of the state legislatures and are therefore disqualified from voting. in presidential elections, the Supreme Court said.

In 1992, the Legislative Assemblies of Jammu and Kashmir and Nagaland were dissolved and therefore could not be part of the 10th presidential ballot which elected Shankar Dayal Sharma to the highest constitutional post.

In 1992, Jammu and Kashmir had no representation in the presidential elections as the Lok Sabha election could also not be held in the old state in 1991 due to the insurgency.

However, in the July 18 presidential elections, five Union Territory Lok Sabha members – Farooq Abdullah, Hasnain Masoodi, Akbar Lone, Jugal Kishor Sharma and Jitendra Singh – are eligible to vote.

In 1982, when Giani Zail Singh was elected president, Assam lawmakers were unable to vote because the Assembly was dissolved.