Restore Jammu and Kashmir's statehood before Assembly poll: Ex-MLA

Srinagar, June 20

The Apni Party has said that if the Government of India is sincere in its commitment to restoring statehood to Jammu and Kashmir, it should restore it first and then hold elections.

“The point I want to make is why go for elections under the Union Territory (UT) status? Why not restore statehood first and then have elections for the state? When a UT with a Legislative Assembly is granted the status of a state, new elections are typically required to form the Assembly of the new state,” said former MLA Abdul Rahim Rather, a senior leader of the Apni Party. Rather said these were his personal views.

He added that changing the status of a region from a UT to a state changes the administrative and constitutional framework governing it. “The mandate given to MLAs in a UT Assembly is based on the rules and powers specific to a UT, which are different from those applicable to a state. Therefore, a fresh mandate from the electorate is necessary to legitimise the new Assembly,” Rather said.

“The MLAs will be elected under the framework of the Jammu and Kashmir Reorganisation Act, 2019, which applies to a UT. Once J&K becomes a state, the framework will be replaced by the provisions applicable to a state under the Indian Constitution. Articles relevant to state legislatures, such as Articles 168 to 212 of the Indian Constitution, will come into effect,” he said. “These articles outline the structure, powers, and functioning of state legislative assemblies,” he added.

“The reorganisation Act will have to be amended or repealed to facilitate the transition. The existing Assembly’s mandate will not automatically extend to the new state Assembly without new elections. New elections ensure that the Assembly reflects the current political will of the people in the context of the state’s powers and responsibilities,” the former MLA said.

He added that historical precedents in India have shown that whenever a UT has been converted to a state, new elections have been conducted. For example, when Goa transitioned from a UT to a state in 1987, new elections were held to form the state assembly, he said.

Fresh mandate needed

The mandate given to MLAs in a UT Assembly is based on the rules and powers specific to a UT, which are different from those applicable to a state. Therefore, a fresh mandate from the electorate is necessary to legitimise the new Legislative Assembly. — Abdul Rahim Rather, Apni Party leader