Can India now conduct elections in Pakistan-occupied Kashmir? What you should know
The Centre is set to introduce the Delimitation Bill, 2026 in Parliament to replace the 2002 law, aiming to authorise the Election Commission to delimit constituencies in Jammu and Kashmir including those under Pakistan's occupation once they are liberated.
- Apr 15, 2026,
- Updated Apr 15, 2026 3:05 PM IST
The Centre will table The Delimitation Bill, 2026 in the Parliament on Wednesday to replace the 2002 law during the special sitting of Parliament.
In a provision that aligns with India's long-standing position that Pakistan-occupied Jammu & Kashmir (PoJK) is an integral part of the country, the Bill incorporates a provision that authorises the Election Commission to conduct delimitation of the union territory's constituencies that are currently under Pakistan's occupation, whenever they "cease to be occupied".
What does the Delimitation Bill, 2026, say on elections in PoK?
While the bill includes futuristic provisions for PoJK, it does not grant the government the immediate power to conduct elections there.
“The Election Commission shall act as Delimitation Commission for the purpose of delimiting constituencies in the Legislative Assembly of the Union territory of Jammu and Kashmir falling under the occupation of Pakistan, when the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied,” the bill says.
Another bill to be introduced on Thursday — The Union Territories Laws (Amendment) Bill, 2026 — authorises the Delimitation Commission to decide on the new strength of the assembly, which should not be less than 114 seats.
At present, PoJK has 24 vacant seats in the 90-seat Jammu & Kashmir assembly, ensuring that there is no dilution of voting power from Indian-administered areas. Post delimitation, the union territory's assembly would have 114 seats.
The amendments propose to increase the number of nominated MLAs in the J&K Assembly from 5 to 7. It also proposes the nomination of 3 women, 3 Kashmiri migrants and one PoJK refugee.
It will also authorise the commission to raise the number of Lok Sabha seats from 5 to possibly 7. The act effectively rolls back the provision in the J&K Reorganisation Act that excludes the PoJK area and seats in delimiting the territorial constituencies of J&K.
Moreover, the Union Territories Laws (Amendment) Bill, 2026, also proposes to amend Section 15 of the J&K Reorganisation Act to raise the number of women members nominated by the Lieutenant-Governor from 2 to 3 only after the readjustment of the constituencies comes into effect.
Besides this, the Centre has also empowered the L-G to nominate members from the community of displaced persons from PoJK to the Legislative Assembly to ensure their representation in the interim.
What has the government said about PoJK?
Union Home Minister Amit Shah and Defence Minister Rajnath Singh have consistently said that India shall regain control of PoJK without aggressive action, as people of the region have been demanding freedom from the Pakistani dispensation.
External Affairs Minister S Jaishankar has also consistently maintained that PoK is an integral part of India and that Pakistan's presence there is an illegal occupation. He has also asserted that India hopes to have physical jurisdiction over it someday.
The Centre will table The Delimitation Bill, 2026 in the Parliament on Wednesday to replace the 2002 law during the special sitting of Parliament.
In a provision that aligns with India's long-standing position that Pakistan-occupied Jammu & Kashmir (PoJK) is an integral part of the country, the Bill incorporates a provision that authorises the Election Commission to conduct delimitation of the union territory's constituencies that are currently under Pakistan's occupation, whenever they "cease to be occupied".
What does the Delimitation Bill, 2026, say on elections in PoK?
While the bill includes futuristic provisions for PoJK, it does not grant the government the immediate power to conduct elections there.
“The Election Commission shall act as Delimitation Commission for the purpose of delimiting constituencies in the Legislative Assembly of the Union territory of Jammu and Kashmir falling under the occupation of Pakistan, when the area of the Union territory of Jammu and Kashmir under the occupation of Pakistan ceases to be so occupied,” the bill says.
Another bill to be introduced on Thursday — The Union Territories Laws (Amendment) Bill, 2026 — authorises the Delimitation Commission to decide on the new strength of the assembly, which should not be less than 114 seats.
At present, PoJK has 24 vacant seats in the 90-seat Jammu & Kashmir assembly, ensuring that there is no dilution of voting power from Indian-administered areas. Post delimitation, the union territory's assembly would have 114 seats.
The amendments propose to increase the number of nominated MLAs in the J&K Assembly from 5 to 7. It also proposes the nomination of 3 women, 3 Kashmiri migrants and one PoJK refugee.
It will also authorise the commission to raise the number of Lok Sabha seats from 5 to possibly 7. The act effectively rolls back the provision in the J&K Reorganisation Act that excludes the PoJK area and seats in delimiting the territorial constituencies of J&K.
Moreover, the Union Territories Laws (Amendment) Bill, 2026, also proposes to amend Section 15 of the J&K Reorganisation Act to raise the number of women members nominated by the Lieutenant-Governor from 2 to 3 only after the readjustment of the constituencies comes into effect.
Besides this, the Centre has also empowered the L-G to nominate members from the community of displaced persons from PoJK to the Legislative Assembly to ensure their representation in the interim.
What has the government said about PoJK?
Union Home Minister Amit Shah and Defence Minister Rajnath Singh have consistently said that India shall regain control of PoJK without aggressive action, as people of the region have been demanding freedom from the Pakistani dispensation.
External Affairs Minister S Jaishankar has also consistently maintained that PoK is an integral part of India and that Pakistan's presence there is an illegal occupation. He has also asserted that India hopes to have physical jurisdiction over it someday.