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| J&K unlikely to be part of electoral college for Presidential election: RTI reply | | |
New Delhi , April 23
The Union Territory of Jammu and Kashmir is unlikely to be a part of the electoral college for the election of the President of India because of its non-inclusion in Article 54 of the Constitution, which deals with Presidential election, indicates the response of the Election Commission of India to a query made under the Right to Information (RTI).
The RTI query made to the Commission by Shubham Khatri, a student of Political Science at the Ashoka University, was for providing a list of the state and union territory legislative assemblies that are part of the electoral college for election of the President of India. The applicant also asked whether or not the legislative assembly of the Union Territory of Jammu and Kashmir is a part of the electoral college for the Presidential election.
In response to both the queries, the commission merely asked the applicant to refer to Article 54 of the Constitution. However, Article 54 only explicitly mentions the National Capital Territory of Delhi and the Union Territory of Puducherry as being eligible for definition under the term 'state' for the purpose of inclusion of their elected members in the electoral college for the election of the President. "The astonishing thing to note is that not a single expert, not a single MP who participated in the parliamentary debate on the J-K Act has pointed out this fact," says Khatri.
The inclusion of Delhi and Puducherry in Article 54 was done through a Constitutional amendment in 1992. An amendment to Article 54 can be carried out only through two-thirds majority in Parliament along with ratification by more than 50 per cent of the states.
Meanwhile, the Jammu and Kashmir Reorganisation Act enacted in August 2019 does not deal explicitly with the question of whether the state's legislators will be able to participate in the Presidential election, even as it does specify parity with Puducherry, also a UT and which is legally enabled to be a part of the electoral college for the Presidential election
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