Row Over Jammu & Kashmir LG’s Nomination Power in Assembly

A political debate has erupted over Lieutenant Governor Manoj Sinha’s authority to nominate five members to the Jammu and Kashmir Assembly. Various political parties have raised concerns about how this nomination process could shift the balance of power in the region, sparking a significant political row.

What Is the Majority Mark?

If the Lieutenant Governor nominates five members, the Assembly’s strength will increase to 95, raising the majority mark for government formation to 48 seats.

How Did the Number of Nominated Members Increase?

The Jammu and Kashmir Reorganisation Act, 2019 gave the LG the power to nominate two members to represent women in the Assembly. An amendment in 2023 expanded this power, allowing the LG to nominate three more members. These additional nominees include representatives from the Kashmiri migrant community and displaced persons from Pakistan-occupied Kashmir (POK).

Can the LG Nominate Members at His Discretion?

Former J&K Law Secretary Mohammad Ashraf Mir has stated that the LG holds discretionary power when it comes to nominating members, as this issue is not within the jurisdiction of the elected Assembly. However, some experts argue that the LG must act on the advice of the Council of Ministers, sparking a legal debate.

Confusion Over Voting Rights

While the LG has the authority to nominate members, it is unclear whether these members will have voting rights on crucial issues such as government formation or no-confidence votes.

The Puducherry Case and Supreme Court Verdict

In Puducherry, the Supreme Court ruled in 2018 that nominated members have the same rights as elected members, including voting privileges. The decision was crucial in clarifying the role of nominated members in Union Territories.

Political Reactions

BJP spokesperson Sunil Sethi defended the law, stating that objections are unfounded. On the other hand, Congress leader Ghulam Ahmed Mir criticized the nomination process, calling for an apolitical approach. National Conference’s Rattan Lal Gupta denounced the move as unconstitutional, arguing that such powers should rest with an elected government.