Five L-G-nominated members pivotal to formation of govt?

Jammu: Five persons to be nominated by the Lieutenant Governor as members of the Jammu and Kashmir Assembly may play a crucial role in the formation of the next government in the union territory, sources said on Monday.

The Congress, National Conference and the PDP have opposed the nomination of the five members before government formation, and threatened to move the Supreme Court.

In August 2019, the Article 370 – which gave J&K special status – was revoked and the state was divided into two union territories.

According to the Section 15 of the Jammu and Kashmir Reorganisation Act, 2019, “Notwithstanding anything in sub-section (3) of Section 14, the Lieutenant Governor of the successor Union territory of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women, if in his opinion, women are not adequately represented in the Legislative Assembly”.

The Act was amended in 2023. The amendment says: “After Section 15 of the principal Act, the following sections shall be inserted, namely: 15A. Notwithstanding anything contained in sub-section (3) of Section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri Migrants, to the Jammu and Kashmir Legislative Assembly”. It also says: “15B. Notwithstanding anything contained in sub-section (3) of Section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate one member from displaced persons from Pakistan occupied Jammu and Kashmir to the Jammu and Kashmir Legislative Assembly.”

These five nominated members will have the same powers and voting rights as other MLAs.

The Congress has already expressed strong opposition to the nomination of five MLAs before the government formation in J&K, dubbing any such move as an assault on democracy and the fundamental principles of the Constitution.

“We oppose the nomination of five MLAs by the L-G before the government formation in Jammu and Kashmir. Any such move is an assault on democracy, the people’s mandate, and the fundamental principles of the Constitution,” Jammu and Kashmir Pradesh Congress Committee (JKPCC) senior vice-president and chief spokesperson Ravinder Sharma said on Friday.

National Conference president Farooq Abdullah said his party might go to the Supreme Court against any such move.

“The L-G should first of all stay away from this process as a government is being formed. It is for the government to nominate people and send it (nominations) to the L-G. That is the normal procedure. What they want to do, I do not know. However, if they do it, we will go to the Supreme Court,” Abdullah said.