Elections in Jammu and Kashmir

Elections in the Union Territory of Jammu and Kashmir are conducted in accordance with the Constitution of India to elect the representatives of various bodies at national, state and district levels including the 114 seat (90 seats + 24 seats reserved for "PoK") unicameral Jammu and Kashmir Legislative Assembly and the Parliament of India.[1][2] The first elections in the Union Territory of Jammu and Kashmir took place between 28 November and 19 December 2020 in the form of by-elections to District Development Councils and municipal and panchayat level bodies.[3][4] A fresh delimitation process for assembly constituencies began in February-March 2020.[1][5]

A voter coming out after casting his vote from a polling booth of Budgam during the 4th Phase of General Election 2009 on 7 May 2009. (The raised finger indicates the indelible ink from voting)
Voters in a queue at a polling booth near Thiksey Monastery in Ladakh, JK, during the 2009 Indian general election

Prior to 2019, the State of Jammu and Kashmir included elections to the Parliament of India, both houses of the bicameral state legislature, and various other local level bodies such as municipalities and Panchayat constituencies. There were 87 assembly constituencies and 6 Lok sabha constituencies (parliamentary constituencies) including those of Ladakh.[6][7]

Legislative assembly elections in the state have been held 11 times since 1951 whereas Parliamentary elections have been held 12 times since 1967. Municipal elections in the state have been held four times since 1947, with the October 2018 elections being the fifth time they were held.[8][9] Before becoming a state, Praja Sabha were held, with the first Praja Sabha election in 1934.[10][11]

Prior to 2019, Jammu and Kashmir National Conference (JKNC), Jammu & Kashmir People's Democratic Party (PDP) and Indian National Congress (INC) have been the dominant political parties in the state of Jammu and Kashmir. But from 1996 onwards the vote share of Bharatiya Janata Party has increased in the parliamentary elections for the state, from 12.45% in 2008 to 23% in 2014.[12]

Comparison between voter turnout trends (in percentages) for the elections to the Lok Sabha (House of the People) of India between 1967 and 2014 for Jammu & Kashmir and India. Jammu & Kashmir has had the lowest voter turnout for any state in India in 6 of the 12 Lok Sabha elections it has been a part of.[13][14][15]

Background

Princely state of Jammu and Kashmir electoral system

Map of Jammu and Kashmir at the end of British Raj (National Geographic,  1946)

In 1932, a Franchise Committee was set up to frame those who would vote as adult suffrage was considered impractical and unfeasible. The committee fixed the minimum voting age at 21 years. For women voters it was decided that those women who had passed middle school or higher could vote, while for males the criteria were broader and included village officials, religious representatives, retired or pensioned officers, lawyers, doctors, schoolmasters etc. were given franchise. Only a state subject would qualify to vote and British Indians were not allowed. In general, the measure of qualification to vote was the possession of property. Those grazing livestock were also enfranchised. For those standing the election the minimum age was 25 years of age and would include only those who were literate in Urdu.[16]

The services of Ivo Elliot, a retired Indian Civil Services officer, were utilized from 1933 onwards. Under him the princely state was delimited, the election method was set up, and the population was made aware of the electoral process. He divided the territory into 33 constituencies. 138 polling stations for rural constituencies were set up, 32 in Srinagar and 6 in Jammu. 76 nominations were received. Coloured box or symbol system as suggested by the Lothian Committee in British India was utilized.[17]

The Praja Sabha (the Legislative Assembly at the time) was to have 75 members, of which 33 would be elected members (for the 33 constituencies), 12 would be officials, and 30 nominated members. (14 members were nominated as it was not possible to conduct elections in some places such as Ladakh and Gilgit due to the territorial expanse; and the remaining 16 would be nominated as State Councilors).[18] In effect, the elected members chosen through the popular vote would be in the minority in the Legislative Assembly.[19]

State of Jammu and Kashmir electoral system

There were six Parliamentary Constituencies (Lok Sabha Constituencies) in the state.
There were 87 assembly constituencies in Jammu and Kashmir

The Constitution of India gives power to the Election Commission of India to oversee the establishment of the electoral roles as well as organize the elections to both the Legislative Assembly and Legislative Council in Jammu and Kashmir.

Delimitation has taken place in the state in 1963, 1973 and 1995. The last delimitation in 1995 was based on the 1981 census.[20] Following the 1995 delimitation the number of seats was increased from 76 to 87 (and an additional 24 seats reserved for areas under Pakistan).[21]

Elections to elect all the 111 members of the Legislative Assembly is based universal adult suffrage from people among the state constituencies. The Legislative Council (Vidhan Parishad) of Jammu and Kashmir has 36 members. Out of these 22 members are elected according to a "system of proportional representation by means of the single transferable vote", 6 members are elected from among members municipal council, town area committees, notified area committees, Panchayats and other bodies.[22]

Panchayat elections which are held for sarpanch and panch constituencies as part of the Panchayati Raj system in the state are held according to the provisions in the Jammu and Kashmir Panchayati Raj Act 1989.[23][24] The authority to form the 'Panchayat Electoral Rolls' and to the conduct Panchayat elections are given to the Chief Electoral Officer, Jammu and Kashmir.[25] Municipal elections in Jammu and Kashmir are conducted on the basis of the Jammu and Kashmir Municipal Act 2000.[26]

Union territory of Jammu and Kashmir electoral system

Chairperson of Delimitation Commission, Retd. Justice Ranjana Prakash Desai along with Union Minister Jitendra Singh at a meeting on the delimitation process of UT of JK, in February 2021.The Chief Election Commissioner, Sushil Chandra and others present.
Jammu and Kashmir union territory (J and K) is bordered in carmine colour. Ladakh union territory (L) is bordered in blue colour.

A new delimitation process for the assembly constituencies of the Union Territory began in February-March 2020.[1] The COVID-19 pandemic in India as well as political participation issues delayed the progress.[27] On 24 June 2021, Prime Minister Modi met with political leaders from the region signaling a renewed effort with the delimitation process.[5] The Delimitation Commission is chaired by retired Supreme Court of India Justice Ranjana Prakash Desai. The delimitation is based on the 2011 census of India and is being undertaken as per the amended Delimitation Act, 2002 and the Jammu and Kashmir Reorganisation Act, 2019.[28] There are 280 District Development Council (DDC) seats in the union territory equally divided between the Jammu and Kashmir regions. In each of the 20 districts of the union territory there are 14 constituencies.[29]

Major political parties

This list includes state parties as well as national parties. It also includes political parties which no longer exist:

National parties

State parties of Jammu and Kashmir

Alliances

Other

Lok Sabha elections

The state of Jammu and Kashmir has taken part in 12 general elections to the Lok Sabha of India.[33] The first time that Jammu & Kashmir sent elected members to the Lok Sabha was in 1967. Elections were not held in 1990 in Jammu and Kashmir due to insurgency in the region.[34]

The table below shows how the Indian National Congress (INC) and Jammu and Kashmir National Conference (JKNC) have won the most Lok Seats in the state since 1967. JKNC and INC has won the seats 27 times each. The other parties won seats in general elections to the Lok Sabha from Jammu and Kashmir are Jammu & Kashmir People's Democratic Party 4 times, Bharatiya Janata Party 13 times, Janata Dal only 1 time and independent candidates 6 times.

Key for parties

  JKNC (27)   INC (27)   BJP (13)   Independent (6)   JKPDP (4)   JD (1)

Election Year Winners
Voter turnout (%)[35] Total Baramulla Srinagar Anantnag Ladakh Udhampur Jammu
Elections in the State of Jammu and Kashmir
1967 INC: 5, JKNC: 1, [36] INC JKNC INC INC INC INC
1971 INC: 5, Independent: 1 INC IND INC INC INC INC
1977 JKNC: 3, INC: 1, IND: 1 JKNC JKNC INC INC INC IND
1980 JKNC: 3, Congress(I): 1, Congress(U): 1 JKNC JKNC JKNC IND INC(U) INC(I)
1984 JKNC: 3, INC: 3[37] JKNC JKNC JKNC INC INC INC
1989 JKNC: 3, INC: 2, IND: 1[38] JKNC JKNC JKNC IND INC INC
1991 Elections Not Held
1996 INC: 4, BJP: 1, JD: 1[39] INC INC JD INC BJP INC
1998 JKNC: 3, BJP: 2, INC: 1[40] JKNC JKNC INC JKNC BJP BJP
1999 JKNC: 4, BJP: 2[41] JKNC JKNC JKNC JKNC BJP BJP
2004 JKNC: 2, INC: 2, JKPDP: 1, IND: 1[42] JKNC JKNC JKPDP IND INC INC
2009 JKNC: 3, INC: 2, IND: 1[43] JKNC JKNC JKNC IND INC INC
2014 49.72% BJP: 3, PDP: 3 JKPDP JKPDP JKPDP BJP BJP BJP
2019 44.97% BJP: 3, JKNC: 3 JKNC JKNC JKNC BJP BJP BJP
Elections in the Union Territory of Jammu and Kashmir
2024 TBD TBD TBD TBD - TBD TBD

Legislative assembly elections

After the Constitution of Jammu and Kashmir was amended, the name Prime Minister of Jammu and Kashmir changed into Chief Minister of Jammu and Kashmir.[44][45]

Legislative assembly elections in JK (1972–2014): Seat share
Party Seats won
2014 2008 2002 1996 1987 1983 1977 1972
JKPDP 28 21 16 - - - - -
BJP 25 11 1 8 2 0 - -
JKNC 15 28 28 57 40 46 47 -
INC 12 17 20 7 26 26 11 58
CPI(M) 1 1 2 1 0 0 0 -
JKNPP 1 3 4 1 0 - - -
IND 3 4 13 2 8 2 4 9
JD 0 0 0 5 - - - -
JP - - - - - - 13 -
Other parties 2 2 3 6 - 1 1 8
Total seats 87 87 87 87 76 76 76 75
Ref [46] [47] [48] [49] [50] [51] [52] [53]
Legislative assembly elections in JK (1934—present)
Year Election - Seats Won Remarks
Elections in the Princely State of Jammu and Kashmir
1934 Praja Sabha election - MC: 16; Liberal Group: 13 The Praja Sabha was to have 75 members, of which 33 would be elected members (for the 33 constituencies), 12 would be officials, and 30 nominated members.[10] Elected members would be in minority in assembly.[19] Sheikh Abdullah's Muslim Conference won all five seats in Srinagar.[54]
1937 Praja Sabha by-election -
1938 Praja Sabha election -
1947 Praja Sabha election -
Year Election Chief Minister (Winning Party/Coalition) Polling %[55] Seats Won Remarks
Elections in the State of Jammu and Kashmir
1951 Constituent Assembly Sheikh Abdullah (JKNC) 1951-1953 (dismissed)
Bakshi Ghulam Mohammad (JKNC) 1953-1957
Total: 75; JKNC: 75 Praja Parishad boycotted;

all seats unopposed[56]

1957 First Assembly Bakshi Ghulam Mohammad (JKNC) 1957-1962 Total: 75; JKNC: 69
PP: 5, HM: 1
47 seats unopposed[57]
1962 Second Assembly Bakshi Ghulam Mohammad (JKNC) 1962-1963
Khwaja Shamsuddin (JKNC) 1963-1964
Ghulam Mohammed Sadiq (INC) 1964-1972
Total: 74; JKNC: 68
PP: 3, independents: 3
33 seats unopposed;
allegations of malpractices[58]
1967 Third Assembly Ghulam Mohammed Sadiq (INC) 58.79% Total: 75; INC: 60
39 seats unopposed;
118 candidates rejected[59]
1972 Fourth Assembly Syed Mir Qasim (INC) 1972-1975
Sheikh Abdullah 1975-1977
62.17% Total: 75; INC: 58
Jamaat: 5; BJS: 3
Plebiscite Front banned;
election malpractices[60]
1977 Fifth Assembly Sheikh Abdullah (JKNC) 1977-1982 (death)
Farooq Abdullah (JKNC) 1982-1983
67.19% Total: 76; JKNC: 47
INC: 11, Janata: 13
free and fair elections[61]
1983 Sixth Assembly Farooq Abdullah (JKNC) 1983-1984 (dismissed)
Ghulam Mohammad Shah (ANC) 1984-1986
Farooq Abdullah (JKNC) 1986-1987
73.24% Total: 76; JKNC: 46
INC: 26
INC engineered split in JKNC;
suppression of protests[62]
1987 Seventh Assembly Farooq Abdullah (JKNC) 1987-1990 (dismissed)
President's rule 1990-1996
74.88% Total: 76; JKNC: 40, INC: 26
MUF:4; BJP: 2
blatant rigging[32][63]
1996 Eighth Assembly Farooq Abdullah (JKNC) 53.92% Total: 87; JKNC: 57
INC: 7; BJP: 8; JD: 5; BSP: 4
2002 Ninth Assembly Mufti Mohammad Sayeed (PDP) 2002-2005
Ghulam Nabi Azad (INC) 2005-2008
43.70% Total: 87; PDP: 16, INC: 20,
JKNC: 28, Panthers: 4
Independents: 13
2008 Tenth Assembly Omar Abdullah (JKNC) 61.16 % Total: 87; JKNC: 28, INC: 17
PDP: 21, BJP: 11
2014 Eleventh Assembly Mufti Mohammad Sayeed (PDP) 2015-2016 (death)
Mehbooba Mufti (PDP) 2016 - June 2018
65.52 % Total: 87; PDP: 28; BJP: 25
JKNC: 15; INC: 12
Results announced in December 2014, but new government formed in March 2015, after two months of intense negotiations to form PDP-BJP alliance, with BJP's Nirmal Kumar Singh becoming Deputy CM in the beginning [64][65]
Elections in the Union Territory of Jammu and Kashmir
Next TBD

Municipal elections in Jammu and Kashmir

Municipal elections in Jammu and Kashmir are held for positions to municipal corporations (Urban Local Bodies - ULBs) in the region on the basis of the Jammu and Kashmir Municipal Act 2000. Elections to these positions are based on universal adult franchise in electoral constituencies called wards.[26][66][67][68] Since 1947 municipal elections have been held five times in the state. Before 2018, the last Municipal elections in Jammu and Kashmir were held in 2005.[8][9]

2018 municipal elections

The 2018 local elections were held in the state of Jammu and Kashmir in four phases on 8, 10, 13 and 16 October. Voting was held from 7am to 4pm. The days were declared a public holiday in the region.[69] The total number of wards (electoral constituencies) were 1145 out of which 244 wards (4.7%) were uncontested.[70][71] Out of a total of around 17 lakh electors, the final state voter turnout was 35.1%, that is 5.97 lakh electors voted.[72] Counting was held on 20 October 2018.[73] Major political parties in the state such as Jammu and Kashmir National Conference (JKNC) and Jammu and Kashmir People's Democratic Party (PDP) boycotted the elections.[74]

There was vast difference between voting turnout for the Urban Local Bodies, with Srinagar Municipal Corporation getting a poll percentage of 1.8% as compared to Ramgarh Municipal Committee getting a poll percentage of 82.6% in the third phase of voting.[75] In certain wards such as Baghat Barzulla (Srinagar Municipal Corporation), out of a total of 11486 electors, only 61 votes were placed (0.53% voter turnout).[76] On the other hand, wards such as Partap Garh (Jammu Municipal Corporation), out of 3583 electors, 2372 votes were placed (66.2% voter turnout).[77]

In the Srinagar Municipal Corporation, out of the 74 wards, Independent candidates won 53 seats, Indian National Congress won 16 seats, Bhartiya Janata Party secured 4 seats and 1 ward went vacant ( no votes were cast on that seat ). In the Jammu Municipal Corporation polls, out of the 75 wards, Bhartiya Janata Party secured 43 seats, Independent candidates got 18 seats and Indian National Congress won 14 seats.[78][79] In the Leh municipal committee, Congress won all the 13 seats.[80] BJP for the first time in the electoral history of the state, won 60 seats unopposed, winning at least seven municipal committees in Kashmir valley.[81][82] In Kashmir, 69% of the 598 wards did not require polling.[83][84]

Panchayat elections in Jammu and Kashmir

Jammu and Kashmir Panchayat elections are held in accordance with the provisions of the Jammu and Kashmir Panchayati Raj Act 1989.[23][85]

The 2011 the Panchayat elections consisted of 143 blocks, 4130 Sarpanchs and 29719 Panchs. The total electors were 5,068,975 electors out of which over 80%[86] voted in 33,000 polling stations.[87] Before 2011, panchayat elections were held in 2001 after a gap of 23 years.[87]

Year Dates Blocks No of Panchayat

Halqas (Sarpanch)

No. of Panch

Constituencies

No of Electors Remarks
2001 December 2000 to March 2001 - - 10458 - [88]
2011 13 April 2011 to 30 June 2011 143 4130 29719 5068975 [87]
2018 17 November 2018 to 11 December 2018 316 4483 35029 5854208 [89][90]
2020 28 November and 19 December - - 12153 - -

2018 Panchayat elections

In the run-up to the 2018 Panchayat elections, National Conference (NC) and People's Democratic Party (PDP) announced they would boycott the local elections.[91][92] Around 12 panchayat houses were set on fire before the elections.[93]

2020 District Development Councils elections

District Development Council elections the Union Territory of Jammu and Kashmir took place between 28 November and 19 December along with by-elections for other vacant posts in local bodies.[3][4] A total of 1,475 candidates contested 280 DDC seats;[29] 296 candidates were women.[94] Ballot papers were being used for the elections instead of EVMs.[95] Results were announced on 22 December 2020.[96]

24 seats in legislative assembly not contested

The Constitution of Jammu and Kashmir reserved 24 seats in the legislative assembly for areas in Pakistan-occupied-Kashmir that were not to be contested during elections "until the area of the State under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives".[21] In 2019, the Government of India retained these provisions during the formation of the Union Territory.[97][2][98]

Administration

Hirdesh Kumar is the current chief electoral officer of Jammu and Kashmir.[99]

Controversies

Old City, Srinagar

Election controversies include burning prospective buildings going to be used for elections, such as what happened before the 2018 Panchayat elections in the state.[93] The call to boycott the elections is a common feature among parties in the region, especially the regional parties and separatist groups.[74][100][101] Election rigging has also been a criticism, especially during the 1987 Jammu and Kashmir Legislative Assembly election.[102]

See also

References

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Bibliography

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