Upcoming polls mark a return to democratic processes after six years, but recent amendments limiting the elected Assembly’s powers raise questions about genuine autonomy and political stability.

Elections are the foundation of democracy, providing voters with the opportunity to elect their representatives and indirectly participate in governance. Elections are critical in democracies for creating political legitimacy, ensuring accountability, and expressing the will of the people. They facilitate the peaceful transition of power and play an important role in the maintenance of democratic institutions.

In the context of Jammu and Kashmir (J&K), the announcement of Assembly elections, by the Election Commission of India is a warm step.  These Assembly elections will take place in three phases from September 18 to October 1, which signifies a critical step in the region’s political landscape. Many consider these elections, the first in six years since the dissolving of the last elected government in 2018, to be a significant step towards the restoration of Democratic government in a territory that has been under direct central administration since the state was reorganised as a Union Territory in 2019. However, recent modifications to the governance framework, which increase the Lieutenant Governor’s powers while limiting the autonomy of the elected Assembly, have prompted controversy and debate about whether these elections reflect a genuine return to democracy or a power play.

Assembly elections are veins of the democratic process

The Assembly elections will herald the return of the democratic process to J&K after a long period of direct central rule. Since the fall of the previous elected government in 2018 and the state’s subsequent reorganisation as a Union Territory in 2019, J&K has been governed by a centrally appointed LG. Elections allow people to elect their representatives and have a say in governance, fulfilling a basic democratic right. This could assist solve the local population’s general sense of political alienation and disempowerment.

Assembly Elections and Political Stability

Assembly elections could give much-needed political stability to Jammu and Kashmir.  An elected government might attempt to bridge the trust gap between the Centre and the people of J&K, restoring a feeling of normalcy. Stability brought about by an elected administration may also stimulate increased investment, development, and economic progress in the region, addressing some of its people’s socioeconomic difficulties.

Native Voice and Aspirations in Decision-Making

An elected Assembly, even with limited powers, would play a role in local government and decision-making. Local representatives can address regional issues, advocate for their constituents, and hold the administration accountable. The presence of elected representatives can also act as a conduit for public complaints, ensuring that local voices are heard and considered in government processes. This could lead to more context-specific policies and efforts tailored to the unique needs of Jammu and Kashmir.

These elections offer an opportunity for political reconciliation among various stakeholders in J&K. Given the diverse political landscape, an inclusive electoral process could foster dialogue between different political parties, including those who have been critical of the central government’s actions since the abrogation of Article 370. This dialogue is crucial for rebuilding trust, promoting regional unity, and fostering a cooperative approach to governance and development.

Debate on Limited Powers of the Elected Government

The recent amendments to the governance framework have significantly curtailed the powers of the future J&K Assembly. The new rules mandate that the LG’s approval is required for key administrative decisions, including the transfer and posting of senior officers and appointments like the Advocate-General. Additionally, the LG will have the last word on any proposal involving prosecution sanctions. As a result, an elected government would have limited autonomy, reducing its role to a consultative rather than an executive body.

Political leaders, such as former Chief Minister Omar Abdullah, have criticized these changes, arguing that they will render the Assembly powerless, a “rubber stamp” with no real authority. This perception may discourage voter participation and undermine the legitimacy of the elected government, as people might see it as an institution lacking real power to effect change.

The notification is viewed by many politicians in Kashmir as undermining democratic values by centralizing power with the LG and reducing the autonomy of the elected government. The recent changes are seen as a continuation of the process that began with the abrogation of Article 370, which removed J&K’s special status. Critics argue that these amendments create a governance structure where the elected Assembly has little to no control over critical areas like police, public order, and All India Services.

This erosion of local autonomy contradicts the principle of self-governance and could exacerbate feelings of alienation and disenfranchisement among the people of J&K. Senior PDP leader Waheed Parra has called the changes a “huge structural disempowerment,” stating that an elected government would only function as a “glorified municipality.”

Constraints on Governance and Development Initiatives

The notified rules of the governance framework place significant constraints on the elected government’s ability to govern effectively. Critical functions such as policy-making, public order, and administrative appointments are now largely under the purview of the LG. This centralization could stifle innovative governance and development initiatives tailored to the unique needs of J&K.

For example, any financial decision involving police, public order, or All India Services must be approved by the LG, potentially slowing down the implementation of projects and reforms. The requirement for LG approval for critical decisions might lead to bureaucratic delays and a lack of accountability, hampering the effective governance of the region.

A Multifaceted Balancing Challenge

The choice to conduct Assembly elections in Jammu and Kashmir presents numerous complexities. While the restoration of the democratic process and local representation offers distinct advantages, recent amendments considerably constrain the effectiveness of an elected government.

Mainstream political parties in Kashmir contend that for the elections to hold significance, there must be a firm commitment to reinstating full statehood for J&K, along with unabridged powers for the elected officials. As former Chief Minister Omar Abdullah has emphasized, the citizens of J&K deserve more than a “powerless, rubber stamp CM.” In the absence of such guarantees, the elections may be perceived as a mere formality, exacerbating political disenchantment.

Conversely, the Centre maintains that clarity and efficiency in governance are paramount, asserting that the amendments do not disrupt the power dynamics established by the Jammu and Kashmir Reorganisation Act of 2019. The official rationale indicates that these modifications aim to “eliminate any ambiguity” and facilitate effective administration.

Ultimately, the decision to proceed with Assembly elections within the existing framework necessitates a delicate balancing act between re-establishing democratic governance and ensuring effective administration. It remains uncertain whether these elections will genuinely foster political reconciliation and stability or merely reinforce existing divisions and sustain the central control status quo.

A Path Forward: Potential Measures to Strengthen Democratic Governance

Clear Commitment to Restoring Statehood: The Centre could establish a definitive timeline for the restoration of J&K’s statehood, addressing apprehensions regarding the current Union Territory status. This would instill confidence in the populace and political leaders that the Assembly elections represent a move towards authentic self-governance.

Promoting Inclusive Political Dialogue: The Centre should initiate discussions with all political entities in Jammu and Kashmir. This initiative would foster a more inclusive governance model and facilitate the establishment of trust between the Centre and the residents of J&K.

Ensuring Equitable and Transparent Elections: The Election Commission must guarantee that elections are held in a manner that is free, fair, and transparent, accompanied by sufficient security measures to avert any potential disruptions or violence. Such actions would bolster the integrity of the electoral process and motivate greater voter engagement.

Tackling Socio-Economic Issues and employment issues: In addition to political initiatives, the Centre and the elected government ought to prioritize addressing the socio-economic difficulties encountered by the populace of J&K. Investments in infrastructure, education, healthcare, and job creation are essential to enhance living standards and cultivate a sense of normalcy in the region.

By implementing these measures, the Centre and local political representatives can strive towards a future in which Jammu & Kashmir experiences authentic democratic governance, complemented by effective administration while ensuring that the aspirations of its citizens are respected and represented.

The writer, PhD in Political Science, has worked in the Parliament of India

By Farooq Ahmad Bakloo

[email protected]

Farooq Ahmad Bakloo