SRINAGAR: The Ministry of Home Affairs has informed the J&K High Court that the Lieutenant Governor can nominate five members to the J&K Assembly without the advice of the elected government (led by Omar Abdullah) in the Union Territory. Congress leader Ravindra Kumar Sharma, who filed the petition in the court, said they would file the rejoinder on August 14, when the case is scheduled for hearing.
Meanwhile, the ruling National Conference (NC) and the opposition PDP slammed the MHA, saying the Government of India’s decision to nominate five MLAs after holding elections is a “blatant subversion of democratic principles.”
In the affidavit filed by MHA in J&K High Court, it stated that the Lieutenant Governor can nominate five members to the J&K Assembly without "aid and advice" of the elected government in the Union Territory.
"The nomination of five members to J&K Assembly was outside the realm of the business of the elected government of J&K. Once Parliament bylaw recognises Lieutenant Governor as a distinct authority from the government of Union Territory under Parliamentary enactment, it necessarily follows that when a power is conferred upon the Lieutenant-Governor, then the same must be exercised as a statutory function and not as an extension of his duties as the head of the UT Government. There can be no manner of doubt that it is the Lieutenant-Governor who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice,” the MHA reply read.
The five members --- two Kashmiri Pandits including a woman, one member from the PoJK community and two women, if women are not adequately represented in the Assembly, can be nominated to the J&K Assembly.
The nomination of five members to the Assembly will take the strength of J&K Assembly from 90 to 95. The maiden Assembly election for J&K UT was held for 90 seats last year out of which two have fallen vacant after one member passed away and CM Omar Abdullah vacated Budgam seat and retained Ganderbal seat. He had contested the elections from two seats and won from both.
After the formation of the Omar Abdullah-led elected government in J&K UT, NC, Congress, PDP, and other parties have been stressing that the LG should nominate five members to the Assembly on the recommendation of the elected government.
J&K Congress chief spokesman Ravindra Kumar Sharma filed a writ petition in J&K High Court in October last year, challenging the constitutionality of the nomination of five members to the Jammu & Kashmir Legislative Assembly by the Lieutenant Governor.
Reacting to the MHA affidavit, Sharma told TNIE that MHA has filed its reply, "and we will file a counter reply and there will be arguments."
"The MHA, in its affidavit has said that LG can nominate five members to the Assembly without consultation from the elected. This cannot happen. The court will decide and not the MHA," he said.
Sharma said the next hearing of the case would be held on August 14 and "we will tell the court that we have to file a counter reply to MHA’s reply".
Meanwhile, PDP chief and former J&K Chief Minister Mehbooba Mufti said nowhere else in the country does the Centre handpick legislators to override the public mandate.
"In India’s only Muslim-majority region, long marred by conflict, this move feels less like governance and more like control. Following the illegal bifurcation of the state, skewed delimitation and discriminatory seat reservations this nomination is yet another body blow to the idea of democracy in J&K.Representation must be earned through the people’s vote not granted by central decree," Mehbooba posted on X.
"This cannot be allowed to become the norm. Hope @OmarAbdullah government rises to the occasion by challenging this undemocratic precedent because silence now would be complicity later," she said.
Ruling NC chief spokesman and MLA Tanvir Sadiq said when J&K has an elected government with an absolute majority, bypassing it to let the LG handpick members is not governance, it’s contempt for the people’s mandate.
"It strikes at the heart of parliamentary democracy, ignores the constitutional spirit of ‘aid & advice’, and sets a dangerous precedent where unelected appointees can rewrite the people’s verdict,” Sadiq said in a post on X.