Nomination of MLAs in J&K: Union Control vs. Democratic Principles
UPSC Relevance
Prelims: Indian Polity and Governance (Constitution, Parliament and State Legislatures, Union Territories, Constitutional Provisions, J&K Reorganisation Act, 2019).
Mains: General Studies Paper 2: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure; Separation of powers between various organs; Parliament and State legislatures—structure, functioning.
Key Highlights from the News
The Union Home Ministry submitted an affidavit to the High Court stating that the Lieutenant Governor (LG) of Jammu & Kashmir does not require the aid and advice of the local Council of Ministers to nominate five members to the J&K Legislative Assembly.
According to the J&K Reorganisation Act, 2019, the LG can nominate 5 persons: two women, two Kashmiri migrants, and one person from Pakistan-occupied Kashmir.
This differs from states, where Governors nominate members to the Legislative Council based on the advice of the Council of Ministers.
In the K. Lakshminarayanan case concerning nominations to the Puducherry Legislative Assembly, the court ruled that the Central Government could directly nominate members.
However, in the 2023 Govt of NCT of Delhi case, the Supreme Court put forth the concept of 'triple chain of command' to ensure democratic accountability. According to this, the LG is bound to seek the advice of the Council of Ministers on matters where the Assembly has legislative power.
A major concern in smaller assemblies like Jammu & Kashmir and Puducherry is that nominated members can influence the majority and even overturn the popular mandate.
Considering J&K's unique situation (sui generis case), the author argues that it is appropriate for the LG to make nominations based on the advice of the Council of Ministers to uphold democratic principles.
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