Last Updated:
The poll body was informed that such a move for J&K would need an amendment to the law and it would have to apply to all states where terms of Rajya Sabha MPs ran concurrent
The Rajya Sabha, under Article 83, is a permanent House and one-third of its members retire every second year after a tenure of six years. (PTI)
The Union Ministry of Law and Justice has rejected the Election Commission’s appeal for a presidential order to stagger the tenure of the four Rajya Sabha seats from Jammu and Kashmir, which presently share the same term duration, and have remained unoccupied for over four-and-a-half years, the Indian Express reported.
The report, quoting sources aware of the development, said the ministry had conveyed to the poll body on August 22 that no provision existed in the law for such an order.
However, the poll body was informed that such a move for J&K would need an amendment to the law and it would have to apply to all states where terms of Rajya Sabha MPs ran concurrent over time.
Since February 15, 2021, the Union Territory has lacked representation in the Upper House of Parliament, following the end of terms for Ghulam Nabi Azad and Nazir Ahmed Laway. Fayaz Ahmed Mir and Shamsheer Singh Manhas also concluded their terms on February 10 of that year.
The four seats from the Union Territory remain unoccupied because the Election Commission is yet to conduct biennial elections to fill these vacancies, despite nearly 10 months having passed since the assembly elections in Jammu and Kashmir.
The Rajya Sabha, under Article 83, is a permanent House and one-third of its members retire every second year after a tenure of six years. According to Indian Express, the EC had earlier this year written to the Law Ministry “seeking a presidential order that would set the terms of the J&K seats in such a way that one-third fell vacant every two years”.
Because President’s Rule has been imposed repeatedly over the last three decades, the terms of the Rajya Sabha seats from Jammu and Kashmir have aligned to run concurrently. Although Punjab and Delhi have experienced similar circumstances—Punjab due to a past Emergency declaration, and Delhi following the establishment of its Assembly under the Government of National Capital Territory of Delhi Act, 1991—sources revealed that the Election Commission requested the presidential order exclusively for Jammu and Kashmir.
The vacancies also mean that J&K will have no representation in the Rajya Sabha when elections are held for the Vice-President’s post on September 9, necessitated by the resignation of Jagdeep Dhankhar. This was also seen in 2022 Presidential elections when Droupadi Murmu emerged victorious.
Last month, J&K Chief Minister Omar Abdullah had voiced his concern over the “undue delay” in filling the Rajya Sabha seats as well as conducting by-elections to two assembly seats in the Union Territory.
In an interview to news agency PTI recently, Abdullah called on the EC to clarify the reasons for the delay, saying: “Today, we are not asking for postponement. We have had two sessions of the Assembly. Why has there been no Rajya Sabha election? It takes one day.”
He also stressed the need for representation in the Upper House, no matter the political affiliation. “Today, Jammu and Kashmir has no representation in the Rajya Sabha,” he said, lamenting the absence of four key voices from the state in Parliament.
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
Read More
