Nomination Powers Of Jammu and Kashmir Legislative Assembly
The Union Home Ministry recently clarified before the Jammu & Kashmir and Ladakh High Court that the Lieutenant Governor (LG) of Jammu & Kashmir (J&K) can nominate five members to the J&K Legislative Assembly without consulting the Council of Ministers. This has raised questions about constitutional provisions and democratic principles in Union Territories (UTs) with legislatures.
Constitutional Provisions on Nominated Members
The Constitution of India allows nominated members in Parliament and State legislatures. Rajya Sabha has 12 nominated members appointed by the President on the Union Council of Ministers’ advice. Six States with Legislative Councils include nominated members chosen by Governors on their Council of Ministers’ advice. The Anglo-Indian nominated member provision was discontinued in 2020. Nomination powers vary by region and legislative body.
Nominated Members in Union Territories
Legislative Assemblies in UTs are governed by specific parliamentary acts. Delhi Assembly has 70 elected members and no nominated MLAs. Puducherry Assembly has 30 elected members and up to three nominated by the Union government. Jammu & Kashmir’s Assembly, after reorganisation in 2019 and amendment in 2023, has 90 elected seats plus up to five nominated members. These nominees include two women, two Kashmiri migrants, and one displaced person from Pakistan-occupied Kashmir.
Judicial Interpretations and Rulings
The Madras High Court in 2018 upheld the Union government’s power to nominate Puducherry MLAs without UT Council of Ministers’ advice but recommended clearer statutory provisions. The Supreme Court later set aside these recommendations. In the 2023 Government of NCT of Delhi versus Union of India case, the Supreme Court emphasised the ‘triple chain of command’ – civil servants answer to ministers, ministers to legislature, and legislature to voters. It ruled the LG must follow the Council of Ministers’ advice except where the Assembly lacks legislative powers. This principle may apply to nominations as well.
Democratic Implications and Challenges
UTs have limited autonomy compared to States but possess elected governments accountable to their people. Nominated MLAs can influence assembly majorities, especially in smaller legislatures like J&K and Puducherry. This can disrupt popular mandates if political parties differ between the Centre and UT government. J&K is unique due to its special status before 2019 and ongoing plans to restore statehood. Given these complexities, nomination by the LG should ideally be based on the Council of Ministers’ advice to protect democratic values.
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