The Union Home Ministry, in its affidavit before the Jammu & Kashmir and Ladakh High Court, stated that the Lieutenant Governor (LG) of J&K can nominate five members to the Legislative Assembly without the aid and advice of its Council of Ministers.

About Nominations of Members to UT Assemblies

Nomination to UT Assemblies refers to the constitutional and statutory provisions allowing certain members to be appointed, rather than elected, to the legislature.

Constitutional Provisions

• The Indian Constitution allows nominated members in Parliament and state legislatures:
  • Rajya Sabha: 12 nominated members by the President on the advice of the Union Council of Ministers.
  • State Legislative Councils: Up to one-sixth nominated by Governors on advice of the State Council of Ministers.
• The Anglo-Indian nominations to Lok Sabha and State Assemblies were discontinued in 2020.

Legislative Assemblies of Union Territories (UT): Composition of UT Assemblies is governed by Parliamentary Acts:

• Delhi: 70 elected members; no nominations.
• Puducherry: 30 elected members; up to 3 nominated by the Union government (Government of Union Territories Act, 1963).
• Jammu & Kashmir: 90 elected members; 5 nominated members
  • Sections 15, 15A, and 15B allow the LG to nominate up to five members: two women, two Kashmiri migrants, and one displaced person from Pakistan-occupied Kashmir.

Court Rulings

• Puducherry (K. Lakshminarayanan v. Union of India, 2018):
  • The Union government can nominate MLAs without advice from the UT Council of Ministers.
  • The High Court recommended statutory clarity; the Supreme Court set aside these recommendations.
• Delhi (Govt. of NCT of Delhi v. Union of India, 2023):
• • The Supreme Court (2023) emphasized a ‘triple chain of command’ ensuring democratic accountability, potentially applicable to UT nominations.
    • Civil servants are accountable to ministers; ministers are accountable to the legislature; and the legislature is accountable to the electorate.

Significance of Nominated members in UT Assemblies

• Influence on Majority: In smaller assemblies like J&K and Puducherry, nominated MLAs can sway the formation of the majority and affect the democratic mandate.
• Democratic Consultation: Though Union Territories (UTs) lack full statehood, nominations should ideally follow the advice of the UT Council of Ministers to uphold democratic norms.
• Public Confidence: Consulting the UT administration in nominations helps maintain trust in the democratic process, particularly when there are political differences between the Union government and the UT leadership.

DOWNLOAD PDF