 |
|
The upcoming Jammu and Kashmir Assembly election results have brought to the forefront a crucial point of contention: the Lieutenant Governor's authority to nominate five members to the Assembly. This power, granted through amendments to the Jammu and Kashmir Reorganisation Act of 2019 and 2023, has sparked debate among political parties and legal experts regarding its implications for the balance of power in the politically fractured House.
The Act initially allowed for the nomination of two members to represent women, but the 2023 amendment expanded this to include three additional members, one from the Kashmiri Migrants community and another representing displaced persons from Pakistan-occupied Kashmir (POK). While the Act empowers the Lieutenant Governor to nominate these members, the legal framework surrounding their voting rights and potential influence on government formation remains unclear.
Experts diverge on whether the Lieutenant Governor has the discretion to nominate members unilaterally or if this power requires consultation with the Council of Ministers. Mohammad Ashraf Mir, a former Jammu and Kashmir Law Secretary, suggests the nomination falls under the Lieutenant Governor's discretion, citing the Reorganisation Act. However, Shariq Riyaz, another expert, argues that the power lies with the Council of Ministers, emphasizing the distinction between Jammu and Kashmir's current status as a Union Territory and Puducherry, which has always been one. This distinction, according to Riyaz, affects the nomination process, with the Centre holding the authority in Puducherry while the Lieutenant Governor holds it in Jammu and Kashmir.
The uncertainty surrounding the nominated members' voting rights adds another layer of complexity. While the Act grants the Lieutenant Governor the power to nominate, it remains unclear whether these members will have the same rights as elected MLAs, including the ability to participate in government formation or vote of no confidence. The Supreme Court's 2018 ruling on nominated members in Puducherry, where they enjoy equal voting rights, provides a potential precedent, but the specific legal framework for Jammu and Kashmir remains undefined.
The debate surrounding this issue has intensified with political parties taking opposing stances. The BJP maintains that the law is clear, and those objecting to the nominated members' powers have not properly understood the Constitution or the Reorganisation Act. Conversely, the Congress and National Conference argue that the nomination process should be apolitical and that the Lieutenant Governor's power to nominate is unconstitutional in the absence of an elected government. This political divide highlights the potential for further legal challenges and court battles, particularly if the nominated members play a decisive role in the formation of the government or other critical decisions.
As the results of the Jammu and Kashmir Assembly election unfold, the Lieutenant Governor's nomination power remains a significant point of contention. The legal clarity on the nominated members' rights and the potential impact on the political landscape in the Union Territory remain crucial issues that will likely shape the future course of governance in Jammu and Kashmir.
Source: Explaining row over Lt Governor's power to nominate 5 members to J&K Assembly