NEWS – The Union Home Ministry recently told the J&K and Ladakh High Court that the Lieutenant Governor (LG) of Jammu & Kashmir can nominate five members to its Legislative Assembly without aid and advice of the Council of Ministers.

HIGHLIGHTS

Constitutional Provisions

• Nominated members exist in Parliament (12 in Rajya Sabha, by President’s nomination) and Legislative Councils (1/6th by Governors).
• Lok Sabha and State Assemblies no longer have Anglo-Indian nominated members (removed in 2020).

Union Territories Framework

• Delhi Assembly (1991 Act): 70 elected members; no nominations.
• Puducherry Assembly (1963 Act): 30 elected + up to 3 nominated members, decided by the Union Government.
• J&K Reorganisation Act (2019, amended 2023): 90 elected + 5 nominated (2 women, 2 Kashmiri migrants, 1 PoK displaced person).

Judicial Stand

• Madras High Court (2018): Suggested clear procedure for Puducherry nominations.
• Supreme Court (2019): Overruled, upheld Union’s nomination power.
• Delhi v. Union of India (2023): Introduced “Triple Chain of Command” →
  • Civil servants → Ministers → Legislature → Electorate.
  • Emphasized LG must act on advice of Ministers, except in reserved subjects.

Analysis

• Nominations are less problematic when Centre and UT government are politically aligned.
• But in smaller UT assemblies (Puducherry, J&K), nominated MLAs can alter majority balance, undermining the popular mandate.
• J&K is unique: once a State with greater autonomy, now a UT awaiting statehood restoration.

Way Forward

• To protect democratic principles, LG should nominate members on the advice of the elected Council of Ministers.
• Ensures accountability, prevents misuse of nomination power, and maintains balance between Centre’s authority and UT’s democratic aspirations.