LG's Nomination Power in J&K: A Challenge to Democratic Principles and Federalism
UPSC Relevance
Prelims: Indian Polity & Governance (Powers of Governor/Lieutenant Governor, Union Territories with legislature, J&K Reorganisation Act, Basic Structure Doctrine, Important Supreme Court cases).
Mains:
GS Paper 2: Issues and challenges pertaining to the federal structure; Parliament and State legislatures—structure, functioning; Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Separation of powers.
Key Highlights from the News
Main Issue: Whether the Lieutenant Governor (LG) has the power to nominate five members to the Jammu and Kashmir Legislative Assembly without the "aid and advice" of the elected government.
Centre's Stand: The Union Home Ministry informed the Jammu and Kashmir High Court that the LG has this discretionary power.
Legal Basis: According to the 2023 amendment to the J&K Reorganisation Act, the LG has the power to nominate Kashmiri migrants, individuals from Pakistan-occupied Kashmir, and women to the Legislative Assembly.
Constitutional Challenge: The main question being examined by the High Court is whether this power, capable of altering the majority in the Legislative Assembly, violates the basic structure of the Constitution.
Article's Criticism:
The Centre's stand contradicts the essence of the Supreme Court's verdict in the Delhi services cases. In that verdict, the court had clarified that the LG should act on the advice of the elected government.
The article points to the experience in Puducherry, where nominated members helped bring down an elected government.
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