SRINAGAR: A month after Omar Abdullah-led government assumed office in J&K, Lieutenant-Governor Manoj Sinha is yet to nominate five members to the Assembly. The big question is whether the L-G will nominate five members on his own or go by the advice of the government.
As per the J&K Reorganisation Act 2019, the L-G can nominate five members to the Assembly, including two women, two from migrant KPs, one of whom has to be a woman, and a member from displaced persons from PoK. After nomination of five members, the Assembly strength will rise to 95. The five nominated members will have the voting rights.
Legal experts have divergent views on whether the L-G has discretion to nominate five members without consulting the government. Some say the L-G can nominate members on his own, while others opine he has to go by opinion of the elected government.
A National Conference leader said the L-G is likely to listen to the government. “He (Lt-Governor) should go by the names recommended by the cabinet. It is the elected government’s right to choose members for unrepresented communities to the House. The L-G does not have the constitutional right to take such decisions in presence of an elected government,” he said.
However, J&K BJP chief spokesman and lawyer Sunil Sethi said the L-G does not need recommendation of the J&K government in nominating five members to the Assembly.
“It is the power that is vested with the L-G only and the administration does not have any say in it,” Sethi said.