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J&K Parties Decry L-G’s MLA Nomination Powers as ‘Unconstitutional’
Ahead of the much-anticipated Jammu and Kashmir Legislative Assembly election results on October 8, political tensions have escalated over the Lieutenant Governor (L-G) Manoj Sinha’s authority to nominate five members to the newly restructured 90-seat Assembly. Opposition parties claim that this move could tilt the electoral balance unfairly in favor of the Bharatiya Janata Party (BJP).
L-G Nomination Powers in J&K: Political Controversy
The J&K Delimitation Commission increased the number of Assembly seats from 83 to 90 in May 2022, adding six seats to the Jammu region and one to the Kashmir region. The new configuration includes 43 seats for Jammu and 47 for Kashmir. However, in a surprising move, a fresh order was passed eight months later, granting the L-G the power to nominate five members — two women, two Kashmiri Pandits, and one displaced person from Pakistan Occupied Kashmir (POK) — thereby increasing the effective Assembly size to 95 seats.
This order has sparked widespread criticism, with many political parties arguing that the L-G’s powers to nominate legislators should only be exercised by an elected government, not an administrative head. Critics argue that these five nominated members, who will enjoy full legislative privileges, could significantly influence the formation of a majority, creating an undue advantage for the BJP.
Opposition Voices Concern Over Majority Calculation
“We are not sure whether the parties have to reach the 46 mark to achieve a majority or 48,” said a senior Peoples Democratic Party (PDP) leader. “There seems to be a deliberate attempt to keep the matter under wraps and use it depending on the election results. It has the potential to upend the poll arithmetic and shift the balance towards the BJP.”
Echoing this sentiment, National Conference (NC) leader Rattan Lal Gupta described the move as “unconstitutional and undemocratic.” According to Gupta, the power to nominate legislators lies solely with an elected government, and such actions undermine the very essence of representative democracy in the Union Territory.
Congress and Other Parties Push Back
The Congress also joined the fray, with Jammu and Kashmir Pradesh Congress Committee (JKPCC) president Tariq Hameed Karra terming the L-G’s nomination powers as “pre-poll rigging.” Karra warned that these nominations could alter the balance between a majority and a minority in the Assembly, further threatening democratic norms in the region.
Sunil Dimple, head of Mission Statehood Jammu Kashmir (MSJK), announced that his party would be filing a writ petition in the Supreme Court against the nomination of the five MLAs. Dimple called for all opposition parties, including the NC, Congress, and PDP, to unite and challenge this decision.
The political landscape of Jammu and Kashmir remains on edge as parties prepare for the counting day, with the issue of L-G’s nomination powers potentially affecting the final outcome and subsequent government formation.
