In any election, either for a win or a loss, one vote makes a hell lot of difference to achieve the desired results. This is nothing new. It has been continuing for centuries. The Roman Emperor Claudius was said to have been elected to the Roman Senate in 41 AD.
Likewise, in 1800, Thomas Jefferson was elected as the President in the House of Representatives of the United States, after a tie in the Electoral College.
In 1923, Adolf Hitler was given control of the Nazi party by a margin of one vote.
In 1999, Prime Minister Atal Bihari Vajpayee of the Bharatiya Janata Party heading a coalition government failed to win a confidence vote in the Lok Sabha by a single vote. He then resigned and ordered fresh elections.
The power of one vote can be incredibly significant in shaping history, politics and governance. There are numerous examples to quote.
Many crucial laws and decisions have either passed or failed by a margin of one vote. In other words, each vote represents the voice and the will of an individual person.
Legislative Assembly elections were concluded in three phases to the union territory of Kashmir along with Jammu and in one phase to the state of Haryana. The exit polls conducted by various pundits have predicted a hung assembly for Kashmir. Hours before the results were out, the ruling coalition headed by the Bharatiya Janata Party at the centre and its Lieutenant governor for Jammu & Kashmir nominated 5 members to the state Legislative Assembly hours before the counting could start.
Political pundits say the nomination of five selected members as members of the State legislative assembly is a direct assault on democracy. The Congress leadership said, “It raises concerns about the influence of nominated members.”
They have a reason to express such apprehensions. In case of a hung assembly in Kashmir, where no political party garnered a majority, nominated members appointed by the Lieutenant Governor can play a pivotal role in influencing the outcome. This equation has become a bone of contention for the political parties opposing the BJP government in Kashmir.
This also raises questions on the role and the powers of the Lieutenant Governor? Does he have powers to do so hours before the results? The Jammu & Kashmir reorganization Act 2019 bestows powers on the Lieutenant governor, “Notwithstanding anything in sub-section (3) of section 14 the Lieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women, if in his opinion, women are not adequately represented in the Legislative Assembly.”
Further amendments were made to the bill (Jammu & Kashmir Reservation (Amendment) Bill, 2023), and from women reservation, the Union Minister of Home, Amit Shah informed the parliament, “Two seats will be reserved for Kashmiri Migrant community members, and one seat in the Jammu and Kashmir assembly will be reserved for people displaced from Pakistan-occupied Kashmir.”
This means, the Lieutenant Governor has been entrusted with the power to nominate five members to the state legislative assembly.
During the debate on Jammu & Kashmir Reservation (Amendment) Bill, 2023), Shah told the parliament about the distribution of seats, “Earlier there were 37 seats in Jammu, now there are 43. Earlier there were 46 in Kashmir, now there are 47 and in PoK, 24 seats have been reserved since PoK is ours.”
When the news broke out, the J&K Pradesh Congress Committee Chief spokesperson, Ravinder Sharma raised an objection and questioned the timing of the appointments. “We oppose the nomination of five MLAs by the Lieutenant Governor before the government formation in Jammu and Kashmir. Any such move is an assault on democracy, the people’s mandate, and the fundamental principles of the constitution,” said Ravinder Sharma.
As predicted by the exit-polls, if no party gets the required majority in the recently concluded elections, nominated members appointed by the Lieutenant Governor have the right to vote on regular legislative matters. In the case of hung assembly, these votes help in tilting the balance towards the ruling dispensation if the margin of seats is slim.
Chief Spokesperson Ravinder Sharma points out, “Under the constitutional framework, the Lieutenant Governor before nominating the MLAs must act upon the aid and advice of the council of ministers. Misusing the provision of nomination to alter majority or minority status post-election would be detrimental.”
Rule 25 mandates, “(1) Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as such.”
Counting of votes will begin on Wednesday. If no party gets the required halfway mark, nominated members can be a critical factor to the fate of the political parties.
Will it lead to legal complications post government formation remains to be seen?
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