‘Matter fall outside scope of Elected Govt’s Business’
Nominations include 2 KP’s, 1 PoJK migrant and 2 Women Members
Jammu, Aug 11: The Union Ministry of Home Affairs (MHA) has told the Jammu and Kashmir High Court that the Lieutenant-Governor (LG) of the Union Territory can nominate five members to the Legislative Assembly without seeking the “aid and advice” of the elected government. In an affidavit, the MHA clarified that the LG functions as a statutory authority, not as an extension of the Union Territory government, when exercising this power.
According to the MHA, such nominations fall “outside the realm of the business of the elected government of J&K” and are to be carried out independently. The Ministry stated that Parliament, through the J&K Reorganisation Act, 2019 and its 2023 amendment, has clearly distinguished the LG’s authority from that of the Council of Ministers.
The 2023 amendment authorises the nomination of two Kashmiri migrants, including a woman, and one member from the Pakistan-occupied-J&K (PoJK) community, in addition to two women if the LG believes female representation in the Assembly is inadequate. This increased the total number of seats from 114 to 119, with 24 seats kept vacant for PoJK areas.
The affidavit was filed in response to a petition challenging Sections 15, 15A and 15B of the Reorganisation Act, which allow for nominations over and above the sanctioned strength of the Assembly. The petitioner argued that these provisions could potentially alter the political balance in the House and violate the Constitution’s basic structure.
The High Court had earlier, on October 21, 2024, sought the Union government’s stand on whether such provisions were constitutional. The MHA countered that the petition lacked legal basis, pointing out that the sanctioned strength includes both elected and nominated members, similar to the arrangement in the Puducherry Legislative Assembly.
The Ministry stressed that the petitioner’s interpretation was flawed, noting that Section 14(3) of the 2019 Act specifies only the number of directly elected members and does not define the Assembly’s full strength. It maintained that nominations under these sections are lawful and consistent with legislative practice across Union Territories.
The matter is listed for hearing on August 14. The legal debate comes in the wake of the 2024 J&K Assembly elections, where the National Conference–Congress alliance secured a sweeping victory in the 90 directly elected seats.
