Why in News?

• The Union Law and Justice Ministry recently rejected the Election Commission’s (EC) proposal for a presidential order to stagger the terms of Jammu and Kashmir’s (J&K) four Rajya Sabha seats.
• This has left the Union Territory (UT) without representation in the Upper House since 2021.

Background:

• Vacancy of seats: J&K’s four Rajya Sabha seats became vacant in 2021 when MPs completed their terms during President’s Rule.
• Elections 2024: Despite Assembly elections being held in Sept–Oct 2024, Rajya Sabha elections are yet to be conducted.
• Political concern: The current Chief Minister of the UT of J&K has raised questions about the delay.

EC’s Proposal:

• Proposal: A presidential order to curtail the terms of some of the Rajya Sabha seats of J&K.
• Objective: Ensure staggered retirement of J&K’s Rajya Sabha members, preventing simultaneous vacancy.
• Reference: A similar presidential order was issued in 1952 after the first Rajya Sabha election to create a staggered cycle.
• Article 83: Provides that one-third of Rajya Sabha members retire every two years, ensuring continuity. It is a permanent House as opposed to the Lok Sabha that has a fixed five-year term.
• Disturbance in cycle: In J&K (since the 1990s) and in Delhi (post-1991 NCT of Delhi Act), terms have become concurrent due to President’s Rule or institutional changes.

Law Ministry’s Response:

• Reason for rejection: No provision in current law to issue such an order.
• Past precedents: Orders were issued only in 1952 and 1956 under the Representation of the People Act (RPA), 1951 and subsequent Seventh Constitutional Amendment (1956).
• Legal position: According to Section 154 of the RPA 1951, the term of Rajya Sabha members is six years. Presidential orders for staggering were permitted only at the first constitution (1952) and after the 1956 amendment.
• Implication: Any new order requires a statutory amendment to the RPA, 1951 and must cover all affected states/UTs, not only J&K.

Current Status:

• No representation: J&K has had no Rajya Sabha MPs for four years.
• National impact:
  • J&K had no vote in the 2022 Presidential and Vice-Presidential elections.
  • It will also remain unrepresented in the Vice-President election (Sept 9, 2025).
• Pending action: Uncertainty remains over when the EC will schedule Rajya Sabha elections for J&K.

Conclusion:

• A clear legislative amendment to the Representation of the People Act, 1951 can ensure staggered Rajya Sabha representation for all affected states and UTs, safeguarding federal continuity.
• Restoring J&K’s voice in the Upper House will not only uphold democratic legitimacy but also strengthen its integration into India’s parliamentary framework.