Ability to recall elected representatives

 

We, the people of India, have constitutionally been entitled to participate in governance through our elected representatives both at Union and Federal structures as outlined in the Part XV, Articles 324-326 and 327-329 of the Indian Constitution. The right to vote is the essence of democracy, it empowers citizens of Indian Republic to achieve participatory governance of public resources for larger welfare of the State and India is a welfare State that aims to establish social and economic democracy as guided by the Directive Principle of State Policy.  These are listed in Articles 36 to 51 of the Indian Constitution and are though non enforceable in nature but act as guidelines for governance in a very crucial manner in making laws and policies.  They are also known as moral compass for the government to achieve equity and justice in the society especially to arrest disproportionate wealth inequalities.  Holding elections both for Parliament and State Legislative Assemblies at regular intervals as defined in the Constitution have been the central feature of the working democracy of India. Multi party politics is another important aspect that helps formation of governments based on ideological strength. The people of JKUT in specific have recently undergone electoral process and both voters and candidates have memories of pre and post-election campaign and promises fresh in their minds with an exception of elected one who would exceptionally retain them.

  1. It is quite energetic to witness that recently composed Legislative Assembly where elected members both from treasury and opposition benches participate with vitality and vigor to mark their presence in the media cladded more with party politicsthen public concerns. These Legislative Assembly members have secured majority mandate of the voters democratically by highlighting concerns of the people significantly as compared to other contestants who were not favored by the voters of the concerned Legislative Assembly. To be very specific, I come from Jammu South Constituency and a well-qualified contestant sponsored by the BJP could strike the electoral campaign quite usefully pinpointing the following prominent concerns of the Refugee people who faced unparalleled homicide of the century during partition of India and Pakistan besides other local issues. He could also utilize demographic dividend in his favor and successfully secured majority mandate and became elected representative of the Legislative Assembly.
  2. His campaign prominently highlighted the issue of settlement package of the Refugees recommended by the Cabinet of Jammu and Kashmir Government in Nov 2014 and assured them to work towards full utilization of the package if he is blessed with mandate during the Legislative Elections held in the year 2024. However, it is noticed painfully that he failed to highlight the issue during the ongoing Assembly session despite the fact that affected Refugees expected a sincere effort as promised in his election campaign in this direction. It may be recalled that one instalment of the resettlement package was disbursed as a relief to the affected community and the issue thereafter got closed to her natural death.
  3. Another burning issue affecting the people of this Legislative Assembly that surfaced recently is grant of PAHARI SPEAKING PEOPLE (PSP) STATUS to the people of Jammu and Kashmir to signify their distinct linguistic and cultural Identity within the region and this PAHARI ETHNIC GROUP has been granted with Scheduled Tribe Status that allowed them further benefits in the shape of Reservation for government jobs and education. This issue was thoughtfully acknowledged in the electoral campaign by the winning candidate and it occupied prominent space in his election campaign strategy but finds no place of priority thereafter even during the current Legislative session.  As per S.O 127 issued on 20 Apr 2020, Government of Jammu and Kashmir through their Gazette Notification allowed 4% reservation to PSPs in direct recruitment but this benefit is not being given to the PSPs residing in Jammu South Legislative Assembly who remain hopeful even today and expect elected Legislative member to work in this direction.
  4. To make the topic more comprehensive and straightforward, two burning issues highlighted during the electoral campaign were elaborated further not only to remind the promises made during the election campaign by elected member of the Legislature but to reestablish the seriousness of issues affecting larger section of the voters. It is quite significant to exercise public auditability and accountability towards performance of these elected public representatives as there is no constitutional provision to recall non-performing members before completion of predefined term. It may also be pertinent to bring out that constitutional vacuum so felt in this regard would progressively attract public involvement paving way for amendment/addition of suitable provision to cap the gap and help Indian democracy to attain desired maturity to prove Abraham Lincoln’s proverbial definition of democracy as of the people, for the people and by the people in real sense. Jai Hind, Jai Bharat.