Presidential elections in India are usually one sided and predictable. To date, the election of V.V. Giri over Neelam Sanjiva Reddy in 1969 remains the only notable exception to the long list of humdrum presidential elections when then PM Indira Gandhi called for a “conscience vote” just before the election to defeat official candidate. Before and after that, however, the favourites have carried the day, with opposition-sponsored candidates putting up no more than a symbolic fight to prove no more than a political point. Indian election process of President is more extensive process than PM who is also elected indirectly by the Lok Sabha members only, whereas President being the constitutional head with duties to protect, defend and preserve the constitution and rule of law in a constitutional democracy with constitutional supremacy, as such elected by the members of Lok Sabha, Rajya Sabha and State Legislative Assemblies in a secret ballot procedure. The general principle is that the total number of votes cast by Members of Parliament equals the total number of votes cast by State Legislators. Also, Legislators from larger States cast more votes than those from smaller States but the number of legislator in State does matter; if a State has few Legislators, then each Legislator has more votes; if a State has more Legislators, then each legislator has fewer votes.
Since independence, all Jammu and Kashmir Legislators as well as Parliamentarians, both Lok Sabha as well as Rajya Sabha have participated in Presidential elections, however for UT of Jammu and Kashmir next presidential elections due in June-July 2022 is full of uncertainty right now. Though all the five MPs of UT of Jammu and Kashmir as well as lone MP from UT of Ladakh will be able to vote but about voting rights of State Legislators no clear cut instructions right now. Though 114 Assembly seats have been assigned to J&K Assembly, which includes 24 reserved for POJK, on the pattern of Pudicherry Assembly as mentioned in Jammu and Kashmir Reorganization Act but to include Jammu and Kashmir in Presidential elections an amendment has to be made in Article 54 of Constitution which has to be passed by two-third majority in Parliament and ratification by over fifty percent of the States as was done in 1992 to include Delhi and Pudicherry in electoral listing of Presidential elections. Another hurdle is conducting elections of Jammu and Kashmir Assembly as newly constituted Delimitation Commission has yet to start the process of assigning fresh Assembly constituencies in view of COVID-19 pandemic. Peculiar constitutional situation arises if in case no amendment of Article 54 and no completion of delimitation take place which consequently results in no re-election for UT’s four Rajya Sabha seats also due in March 2021 after completion of six year term in the absence of UT Legislative Assembly. No voting power for UT’s legislators in Presidential elections will further erode their already depleted powers under UT. It is also worth mention that with Shiv Sena drifting apart from NDA as also loss of power in few State Assemblies with the resultant direct impact on outcome of RS seats, BJP cannot afford any complacency at this juncture.
Unforeseen COVID pandemic resulting in suspension of Parliament sessions as well has created peculiar situation for timely amendment of Article 54, delayed delimitation process along with UT Assembly elections and subsequently uncertainty over voting rights of UT for Presidential elections. Jammu and Kashmir being the crown of India GoI must ensure untangling of the constitutional hurdles well in time to ensure active participation of UT of Jammu and Kashmir in the most important democratic process of our country.
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