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EC vague on RTI asking if J&K is in Electoral College

Refer Article 54 of Constitution, it says

The Election Commission of India (ECI) has replied ambiguously to a Right to Information (RTI) query if the Union Territory of Jammu and Kashmir will be part of the Electoral College for the election of the President of India.

The RTI request by Shubham Khatri, a student, sought a list of the State and Union Territory Legislative Assemblies which were part of the Electoral College for election of the President. He also asked the EC to clarify if the newly-formed Union Territory of J&K was part of the Electoral College.

The EC sent a single-line response, merely saying “for the information, applicant may be informed to refer Article 54 of the Constitution of India.” Under Article 54, the President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of Delhi NCT and Puducherry U.T. Article 54, thus, only specifically mentions NCT of Delhi and Puducherry as eligible to be part of the Electoral College. The J&K Reorganisation Act does not specify anything about whether the legislature would be able to vote in the election for a President.

A passing mention is made in Section 13 of the 2019 Act, which claims that J&K Legislature would have the same powers as its Puducherry counterpart.

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