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J&Ok Meeting to Miss Presidential Polls for 2nd Time in Historical past

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As India elects its subsequent president on July 18, the Legislative Meeting of the Union Territory of Jammu and Kashmir won’t be part of the train for the second time within the historical past of the election to the highest constitutional publish. There have been precedents of legislative assemblies of states not being a part of the presidential polls on account of their dissolution, the primary such occasion being of Gujarat in 1974.

The assemblies of Assam, Nagaland and Jammu and Kashmir too couldn’t take part in subsequent elections on account of dissolution. Within the current case, the Legislative Meeting of Jammu and Kashmir is but to be constituted after the erstwhile state was bifurcated into the Union territories of Jammu and Kashmir and Ladakh in 2019.

The Jammu and Kashmir Reorganisation Act offers for a Legislative Meeting for the Union Territory of Jammu and Kashmir, however the election is but to be held attributable to numerous causes. In 1974, Gujarat was within the throes of the Navnirman motion, which led to the dissolution of the state authorities headed by Chimanbhai Patel.

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In opposition to the backdrop of calls for to postpone the presidential polls, a reference was made to the Supreme Court docket to get its opinion and nip any controversy within the bud. The apex courtroom had opined that the presidential polls needed to be held and accomplished in such time as might allow the president-elect to enter the workplace on the expiry of the time period of workplace of the outgoing president and subsequently, the election ought to be held even when the Gujarat Legislative Meeting was not in existence then.

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The Supreme Court docket had famous that Article 54 of the Structure talked about the homes of Parliament and legislative assemblies just for the aim of exhibiting the {qualifications} of the members of the electoral school. “The elected members of a dissolved legislative meeting of a state are not members of the electoral school consisting of the elected members of each homes of Parliament and elected members of the legislative assemblies of the states and are, subsequently, not entitled to forged votes on the presidential elections,” the highest courtroom had opined.

In 1992, the legislative assemblies of Jammu and Kashmir and Nagaland have been dissolved and thus, couldn’t be a part of the tenth presidential polls that elected Shankar Dayal Sharma to the highest constitutional publish. In 1992, Jammu and Kashmir had gone unrepresented within the presidential polls because the election to the Lok Sabha too couldn’t happen within the erstwhile state in 1991 attributable to insurgency.

Nevertheless, within the July 18 presidential polls, 5 Lok Sabha members from the Union Territory — Farooq Abdullah, Hasnain Masoodi, Akbar Lone, Jugal Kishor Sharma and Jitendra Singh — are eligible to forged their votes. In 1982, when Giani Zail Singh was elected because the president, the legislators from Assam couldn’t vote because the Meeting was dissolved.

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