Lone Khalid CNI

The Union Home Ministry has told the Jammu  Kashmir High Court that the Lieutenant-Governor (L-G) of the Union Territory can nominate five members to the J-K Legislative Assembly without seeking the “aid and advice” of the elected government.

In an affidavit filed on July 24, the Ministry said the nominations fall “outside the realm” of the business of the elected government, as the L-G functions as a statutory authority and not as an extension of the Council of Ministers. The statement came in response to a public interest litigation by Congress leader Ravinder Kumar Sharma, who challenged the 2023 amendment to the JK Reorganisation Act, 2019.

The amendment allows the L-G to nominate two Kashmiri migrants (including one woman), one member from the Pakistan-occupied J\&K (PoJK) community, and up to two women if female representation in the Assembly is deemed inadequate. These seats are in addition to the 90 elected seats and 24 seats kept vacant for PoJK.

The petitioner argued that adding members above the sanctioned strength could alter majority equations, but the MHA rejected the claim, saying the sanctioned strength includes nominated members. The Ministry also drew parallels with the Union Territory of Puducherry, where nominated members are counted towards the total strength.

Elections to the J&K Assembly were held in September-October 2024, with results declared on October 8. The next hearing in the case is scheduled for August 14.