Jammu and Kashmir Legislative Assembly Nomination Powers

In March 2023, the Union Home Ministry informed the Jammu & Kashmir and Ladakh High Court that the Lieutenant Governor (LG) of Jammu & Kashmir has the authority to nominate five members to the Legislative Assembly without needing the Council of Ministers' advice.

Constitutional Provisions for Nominated Members

• The Indian Constitution allows for nominated members in Parliament and state legislatures.
• Nominations of Anglo-Indian members to Lok Sabha and State Assemblies were abolished in 2020.
• The Rajya Sabha includes 12 nominated members selected by the President upon the Union Council of Ministers' advice.
• Governors appoint nominated members in six states with legislative councils based on their council's advice.

Union Territories Legislative Assemblies

• Legislation defines Assembly compositions in three Union Territories.
• Delhi's Assembly lacks nominated members, consisting of 70 elected members.
• Puducherry's Assembly includes 30 elected members and up to three nominated by the Union government.

Jammu & Kashmir Reorganisation Act, 2019

• The Act provides for 90 elected seats in J&K's Legislative Assembly.
• Sections 15, 15A, and 15B allow the LG to nominate five members: two women, two Kashmiri migrants, and one displaced person from Pakistan-occupied Kashmir.

Judicial Interpretations and Recommendations

• The Madras High Court upheld the Union's power to nominate Puducherry Assembly members, without needing the UT's Council of Ministers' advice in the K. Lakshminarayanan vs. Union of India case.
• The Supreme Court overturned recommendations for legislative clarity on nomination processes.
• In Government of NCT of Delhi vs. Union of India, the Supreme Court stressed democratic accountability via a ‘triple chain of command,’ which may influence MLA nominations.

Political Implications and Recommendations

• While UTs are not full-fledged states, those with assemblies have accountable elected governments.
• Differences between Union and UT governments can disrupt the democratic process.
• In smaller assemblies, nominated MLAs can alter governmental majorities, affecting popular mandates.

Special Case of Jammu & Kashmir

Jammu and Kashmir's transition from a state with significant autonomy to a Union Territory has been controversial. While the Supreme Court upheld this status change, the Union government intends to restore statehood soon. The suggestion is that nominating five Assembly members should involve the Council of Ministers' advice to maintain democratic integrity.