The Law Ministry has reportedly declined a request from the Election Commission (EC) to issue a Presidential Order that would stagger the Rajya Sabha terms of Members of Parliament (MPs) from Jammu and Kashmir (J&K). This decision potentially prolongs the period without full representation for the region in the upper house of Parliament.

Background on Rajya Sabha Seats in J&K

Jammu and Kashmir has historically been allocated four seats in the Rajya Sabha. These seats are filled by elected Members of the Legislative Assembly (MLAs), who form the electoral college for the Rajya Sabha elections. Members are elected for a term of six years, with the terms of approximately one-third of the Rajya Sabha members expiring every two years.

Absence of Representation

J&K has been without its elected representatives in the Rajya Sabha since February 2021. This absence arose after the terms of the previous members – Ghulam Nabi Azad, Nazir Ahmad Laway, Mir Muhammad Fayaz, and Shamsher Singh Manhas – ended. The primary reason for this extended vacancy has been the lack of a functional legislative assembly in the region. The legislative assembly is crucial, as the elected MLAs form the electoral college responsible for electing Rajya Sabha members.

Election Commission's Efforts and the Law Ministry's Stand

Given the unique circumstances in J&K, the Election Commission sought to ensure future representation by staggering the terms of the Rajya Sabha MPs. This would involve a Presidential Order to ensure that all four seats do not fall vacant simultaneously in the future. However, the Law Ministry has turned down this request. The reasons for the Law Ministry's decision have not been officially disclosed.

Potential Implications

The Law Ministry's decision means that the existing situation will persist, where all four Rajya Sabha seats from J&K could potentially fall vacant at the same time. This could lead to extended periods without representation in the Rajya Sabha, depending on the timing of Assembly elections and the subsequent Rajya Sabha polls.

Historical Context

This is not the first time that J&K has faced a situation without representation in the Rajya Sabha. During the 1990s, due to security concerns and the absence of an elected Assembly, the region remained unrepresented in the Rajya Sabha between 1994 and 1996.

Current Scenario

As of July 2025, all four Rajya Sabha seats allocated to J&K remain vacant. While Ghulam Ali Khatana was nominated to the Rajya Sabha by the President of India in 2022, his nomination was not from J&K's allocated share of seats but under the President's quota. The Election Commission has not yet announced a schedule for elections to these vacant seats. Sources suggest that the Rajya Sabha polls might occur after the by-elections for the Nagrota and Budgam Assembly constituencies.