The Ministry of Home Affairs has informed the Jammu and Kashmir High Court that the Lieutenant Governor can nominate five members to the J&K Assembly without the advice of the elected government led by Omar Abdullah. Congress leader Ravindra Kumar Sharma, who filed the petition, said they will file a rejoinder when the case is heard on August 14.
Meanwhile, both the ruling National Conference (NC) and opposition PDP criticized the MHA’s stance, calling the nomination of five MLAs after elections a “blatant subversion of democratic principles.”
In its affidavit, the MHA stated that the nomination falls “outside the realm of the business of the elected government of J&K.” It added that since Parliament recognizes the Lieutenant Governor as a distinct authority separate from the UT government, the LG must exercise this statutory function at his discretion and not as an extension of the government, thus acting “without aid and advice.”
The five nominated members include two Kashmiri Pandits (one woman), one member from the Pakistan-occupied J&K (PoJK) community, and two women if female representation in the Assembly is deemed insufficient.
This nomination will increase the Assembly’s strength from 90 to 95. The first Assembly elections for J&K UT were held last year for 90 seats, with two seats currently vacant following a member’s death and CM Omar Abdullah vacating Budgam after winning two seats.
After the formation of the elected government, NC, Congress, PDP, and others have urged that the LG nominate these five members only on the government’s recommendation.
Congress leader Ravindra Kumar Sharma challenged the nominations’ constitutionality through a writ petition in October last year. Reacting to the MHA affidavit, he said, “The LG nominating five members without consulting the elected government cannot happen. The court will decide, not the MHA.” He added that a counter reply will be filed before the next hearing on August 14.
PDP chief and former CM Mehbooba Mufti condemned the move, saying, “Nowhere else in the country does the Centre handpick legislators to override the public mandate. This nomination is another blow to democracy in J&K following illegal bifurcation, skewed delimitation, and discriminatory seat reservations.”
She urged the Omar Abdullah government to challenge what she called an “undemocratic precedent,” warning that silence would amount to complicity.
Ruling NC spokesperson and MLA Tanvir Sadiq said, “Bypassing the elected government to allow the LG to handpick members is contempt for the people’s mandate. It strikes at the heart of parliamentary democracy and sets a dangerous precedent where unelected officials can rewrite the people’s verdict.” (Agencies)
