‘When the process of appointment in a democracy is not democratic and people remain silent, it suggests either a lack of belief in democracy or that democracy is not for them’

Democracy is widely regarded as the most popular and acceptable form of government across the globe. While there are various ways to express democratic processes, electoral politics is considered the most effective means of representing the people’s will. However, apart from elections, another established mechanism for reflecting the people’s voice is through nominations made by democratic institutions. For instance, Article 80 of the Constitution of India mandates the President to nominate 12 members to the Rajya Sabha from among eminent individuals in fields such as art, science, literature, music, or sports. The rationale behind these nominations includes the potential for these distinguished persons to contribute their expertise to the highest policymaking body in the country, serving as role models in their respective fields and inspiring others.

In contrast, the American Senate does not include any nominated members, After a decade-long hiatus, electoral politics has recently resumed in Jammu & Kashmir. According to the latest figures from the Election Commission of India, the National Conference and Congress alliance has secured 49 out of 90 seats, surpassing the majority mark of 46. These elections mark the first Assembly elections in the region in ten years and are significant as they are the first held in the Union Territory following the abrogation of special status under Article 370 in August 2019.

Implications of Democratic Representation

Notably, nominations are also being recognized as part of the democratic process at this time. Section (15) of (The Jammu and Kashmir Reorganisation Act, 2019) focuses on the representation of women in the Legislative Assembly. It states that, notwithstanding the provisions in sub-section (3) of section 14, the Lieutenant Governor of the Union Territory of Jammu and Kashmir may nominate up to two members to the Legislative Assembly to represent women if, in the Lieutenant Governor’s opinion, women are not adequately represented. In contrast, (The Jammu and Kashmir Reorganisation Amendment) Act, 2023 (Act No. 35 of 2023), amends (Section 15A). It specifies that, notwithstanding the provisions in sub-section (3) of section 14, the Lieutenant Governor of the Union Territory of Jammu and Kashmir may nominate not more than two members to the Legislative Assembly, one of whom must be a woman, from the community of Kashmiri migrants.

The five nominated Members of the Legislative Assembly (MLAs), Ashok Kaul, Rajni Sethi, Sunil Sethi, Dr Fareeda Khan, and Mahila Morcha leader Sanjita Dograare all affiliated with the ruling party in the central government. This raises concerns about the democratic nature of such nominations, as it appears to serve as a reservation for the ruling political party, regardless of which party is in power. Ideally, the process of nominating representatives should be based on the inclusion of individuals from diverse fields & unrepresented professionals those who are important aspects of society but not trained to participate in electoral politics, such as experts in science, sports, literature, and social work, to reflect a broad spectrum of society. However, these recent nominations primarily represent the interests of a specific political party, making the process appear undemocratic. While we celebrate the ‘festival of democracy’ through elections, there remains a darker side where the political intentions of those in power overshadow the inclusive and representative spirit of democracy.

Risks of Political Disillusionment

While the provisions for nominations in Jammu & Kashmir are intended to promote inclusivity, they raise significant concerns regarding democratic representation. Democracy fundamentally relies on channelling the will of the people through free and fair elections, and the power of the Lieutenant Governor to make discretionary nominations evokes memories of colonial-era governance, which often bypassed popular mandates to install loyalists in positions of influence.

Impact of the LG’s Nominating Power and Democratic Integrity in J&K

In a region with a rich history of self-governance aspirations, the nominating power of the Lieutenant Governor (LG) under the J&K Reorganisation Act, 2019, poses a significant threat to public confidence in democracy. This discretionary power might create institutional distrust and undermine the legitimacy of elected institutions, raising concerns about the fairness and impartiality of the political system. In a democratic setup, citizens expect institutions to reflect their voices and aspirations genuinely. However, the LG’s ability to make nominations may be perceived as advancing central government interests rather than addressing the region’s needs, potentially leading to widespread mistrust in governance and increasing discontent with the political process.

Furthermore, nominated members may feel indebted to the LG or the central authority rather than to their electorate, further eroding the credibility of democratic institutions in Jammu and Kashmir. These dynamics may provoke tensions between the government and the people, escalating into broader conflicts. The perception that the central government is imposing its will through the LG’s powers can promote feelings of disenfranchisement and alienation among the local population. This mistrust may exacerbate existing conflicts, manifesting as open political disagreements and deeper social unrest.

As disillusionment grows, the public might express their dissatisfaction through election boycotts, viewing the electoral process as illegitimate and their voices as marginalized. This sense of political disillusionment can lead to increased anxiety, particularly among the youth, who may feel their autonomy and future prospects are increasingly limited. Additionally, political instability and alienation can exacerbate social issues such as drug abuse, as individuals turn to substances as a coping mechanism, further destabilizing the region and leading to a cycle of disengagement from the democratic process.

Conclusion

The legislative process in Jammu & Kashmir faces significant challenges regarding democratic representation. The introduction of nominations by the Lieutenant Governor, while intended to promote inclusivity, has raised serious concerns about the legitimacy and fairness of the political system. These nominations can be perceived as an extension of central government control, undermining the principles of self-governance that the local population has long aspired to achieve. The risk of eroding public trust in democratic institutions, combined with the potential for political disillusionment, poses threats to the region’s stability and social cohesion. As citizens grapple with feelings of disenfranchisement and alienation, the legitimacy of the electoral process is called into question, leading to broader societal implications. Ensuring that democratic processes genuinely reflect the will of the people, rather than being influenced by central authority, is crucial for fostering a resilient and inclusive political environment in Jammu & Kashmir.

Dr Ajaz Afzal Lone and Dr Ashwani Kumar are Assistant Professors at the University Institute of Legal Studies, Chandigarh University

Dr Ajaz Afzal Lone and Dr Ashwani Kumar