J&K: Opposition Parties Decry LG’s Power to Nominate MLAs, Threaten Legal Action

We strongly oppose the nomination of MLAs before government formation. This goes against the core principles of democracy and the Constitution.

Supreme Court of India
by Ajay Jandyal - October 7, 2024, 7:59 pm

In a move that could influence the formation of the next government in Jammu and Kashmir, the Lieutenant Governor (LG) is set to nominate five members to the Union Territory’s Legislative Assembly. This decision has drawn sharp criticism from opposition parties, including the Congress, National Conference (NC), and Peoples Democratic Party (PDP), who have vowed to challenge the nominations in the Supreme Court.

Sources revealed that these five nominated members could play a pivotal role in government formation, raising concerns over fairness and democratic principles. The Congress has been vocal in its opposition, with senior leader Ravinder Sharma calling the move “an assault on democracy” and “a manipulation of the people’s mandate.”

“We strongly oppose the nomination of MLAs before government formation. This goes against the core principles of democracy and the Constitution,” Sharma declared.

NC President Farooq Abdullah also expressed outrage, stating that if the Union government allows the LG to proceed with these nominations, his party would seek justice in the Supreme Court. “The LG should refrain from getting involved in this process. It is the government’s job to make these nominations. We will fight this in court if they push through,” Abdullah said in Srinagar.

Iltija Mufti of the PDP criticised the BJP for allegedly attempting to rig the election outcome. “The nomination of five members, all of whom are linked to the BJP, is nothing but brazen pre-result rigging,” Mufti wrote on X (formerly Twitter).

The controversy stems from the 2023 amendments to the Jammu and Kashmir Reorganisation Act, 2019, which allow the LG to nominate two women members, two representatives from the Kashmiri migrant community, and one from displaced persons of Pakistan-occupied Jammu and Kashmir (PoJK). These five members will have full voting rights, which could sway the balance of power in the 95-member assembly, where a majority now requires 48 seats.

Political analysts have drawn parallels to the Puducherry Assembly, where nominated members wield the same powers as elected ones. The Supreme Court had previously upheld a similar arrangement in Puducherry, where the Lieutenant Governor nominated members without consulting the state government, a decision that could set a precedent in Jammu and Kashmir.

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With opposition parties preparing to contest the decision in court, the coming weeks could determine whether the LG’s nominations proceed as planned, or if the Supreme Court will intervene to protect what they claim is the integrity of the democratic process.