New Delhi: The stage is set for the long-delayed Rajya Sabha elections in Jammu and Kashmir after the Union law ministry rejected the Election Commission of India’s (ECI) request to stagger the terms of the Union Territory’s four Upper House seats.
The ministry conveyed to the poll body that no such legal provision exists and any such move would require a constitutional amendment, according to a report in the media.
The ECI had sought a special presidential order exclusively for J&K, even though a similar situation exists in Punjab and Delhi, where Rajya Sabha terms also run concurrently. Normally, one-third of Rajya Sabha members retire every two years, ensuring continuity, but in J&K all four seats fell vacant simultaneously during the prolonged presidential rule between 1990 and 1996.
Due to the absence of an elected Assembly, J&K had no representation in the Rajya Sabha between April 1994 and November 1996. The four vacancies were eventually filled in 1996, with Ghulam Nabi Azad, Karan Singh, Saifuddin Soz, and Sharifuddin Shariq elected. Since then, J&K’s seats have been filled together in 2002, 2009, and 2015. The four seats have remained vacant since 2021, when Mir Mohammad Fayaz, Nazir Ahmad Laway, Ghulam Nabi Azad, and Shamsher Singh completed their terms.
Only twice in independent India — in 1952 and 1956 — have presidential orders been issued to curtail Rajya Sabha terms to maintain staggered retirements. The law ministry has clarified that any such order for J&K would require a law amendment and apply across states with concurrent terms.
The current system benefits the National Conference (NC), which, along with the Congress, can comfortably secure three of the four seats. The BJP is assured of one seat; while NC could also claim the fourth if the opposition has fewer than 30 MLAs.
The Electoral College has been in place since October 8, 2024, after the assembly election results. Political parties have repeatedly criticized the ECI for delaying the polls. In 2015, Rajya Sabha elections in J&K were held immediately after the assembly polls, even before legislators had taken oath. The ECI, in its January 12, 2025 notification, reaffirmed that legislators can vote in the RS polls before being sworn in.
