Srinagar 11 March(KNB): Noted Kashmiri leader and senior Supreme Court Lawyer and Chairman Kashmir(Policy and Strategy) Group ASHOK BHAN has while welcoming the visit of ECI to Jammu & Kashmir said,people of the Union Territory have been longing and eagerly awaiting Election Commission to declare the commencement of the simultaneous elections to the legislative assembly along with the ensuing Parliamentary elections.
The people say that the prolonged Governor rule is continuously depriving them of their legitimate fundamental right to vote and elect the representative government of their own.The right to democracy through elections is one of the basic inalienable rights of the citizens eligible to vote.
The Supreme Court has held : that democracy is one of the inalienable basic features of the Constitution of India and forms part of its basic structure.
The concept of democracy as visualised by the Constitution pre-supposes the representation of the people in Parliament and State legislatures by the method of election.
“As such the Governor rule is an exception and the elected representatives government is the rule.”
The legislative Assembly of Jammu and Kashmir was dissolved by the then Governor on 21st.November 2018.It has been more than 5(five) years that the people have been deprived of their elected representation in the legislature.As such all the necessity for ECI to seriously consider and decide the elections to the legislature along with the ensuing Parliamentary elections.
Bhan said : The ECI is expected to study the ground situation and appreciate that the Kashmir “affairs”has a layered nature, obscured by distorted historical narratives, self-serving myths, and conflicting political interests.
“Yet, amidst these complexities , the current ECI needs to demonstrate a sincere commitment to fostering an environment conducive to peace and progress, aiming to break the cycle of violence perpetuated by adversaries,by restoring legitimate democracy in Kashmir.Bhan said, that such a move aligns with the constitutional ethos of the nation and could pave the way for synchronized national and state elections.
Bhan said:
The constitution mandates the ECI : To conduct of, all elections to Parliament and to the Legislature of every State
Article 324 of Constitution of India :
Superintendence, direction and control of elections to be vested in an Election Commission
The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).(KNB)