Ambiguity Over Electoral College Of President Election In J&K – Burning Issues – Free PDF

 Why In News?

In a reply to a Right to Information (RTI) query “if the Union Territory of Jammu and Kashmir will be part of the Electoral College for the election of the President of India”, the Election Commission of India (ECI) has asked to refer to Article 54 of the Constitution of India.

What did ECI say?

• The RTI request sought a list of the State and UTs Legislative Assemblies which were part of the Electoral College for the election of the President.
• The query also asked the EC to clarify whether the newly-formed UT of Jammu and Kashmir was part of the Electoral College.
• The EC sent a single-line response, merely saying- for the information, the applicant may be informed to refer Article 54 of the Constitution of India.

What is Article 54 of the Constitution?

• Under Article 54, the President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the UT of Puducherry.
• The art. 54, thus, only specifically mentions NCT of Delhi and Puducherry as eligible to be part of the Electoral College.
• There is no word about the newly-formed UTs of J&K and Ladakh.

Ambiguity over J&K

• 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.

Way Forward

• Inclusion of new members in the Electoral College in Article 54 would require a Constitutional Amendment to be carried out through two-thirds majority in Parliament and ratification by over 50% of the States.
• This matter involves principles of federalism, hence constitutional amendment is a must.
• Delhi and Puducherry were included as Electoral College members under Article 54 through the Constitution (Seventieth) Amendment Act of 1992.
• Before that, Article 54 consisted of only the elected Members of Parliament as well as the Legislative Assemblies of the States.

ARTICLE 54 : Presidential Election in India

• The President is elected indirectly by members of electoral college consisting of:
• the elected members of both the Houses of Parliament;
• the elected members of the legislative assemblies of the states;
• the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

Right to Information Act 2005

Objectives of the Act

• To empower the citizens
• To promote transparency and accountability
• To contain corruption and
• To enhance people’s participation in the democratic process.

Reasons for Adoption of Information Act

• Corruption and scandals
• International pressure and activism
• Modernization and the information society

 Mains Question

• Should Jammu and Kashmir 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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