J&K LG can nominate 5 assembly members without govt’s advice: MHA tells HC:
Jammu, Aug 11– The Union Ministry of Home Affairs (MHA) has informed the Jammu and Kashmir High Court that the Union Territory’s Lieutenant-Governor (L-G) can nominate five members to the Legislative Assembly without the elected government’s “aid and advice”, asserting that the L-G’s office is a distinct statutory authority, not an extension of the UT government.
In an affidavit, the MHA said the nominations—two Kashmiri migrants (including a woman), one from the Pakistan-occupied J&K (PoJK) community, and two women if underrepresented—are “outside the realm of the business of the elected government of J&K” and must be exercised at the L-G’s discretion.
The provision was added through the 2023 amendment to the J&K Reorganisation Act, 2019, which increased the Assembly strength from 114 to 119, with 24 seats reserved for PoJK areas.
The amendment was challenged in a PIL by Congress leader Ravinder Kumar Sharma, who argued that such nominations could alter the majority in the Assembly. The High Court had sought the Centre’s response on October 21, 2024.
The MHA dismissed the petitioner’s arguments as “misconceived” and cited the Union Territories Act, 1963, to support its stance, noting a similar practice in Puducherry.
The case is scheduled for further hearing on August 14.
