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last mo.

MHA Defends Lt-Governor’s Authority to Nominate Five MLAs in J&K Assembly

Home Affairs Ministry says the nominations ensure representation for displaced communities as a statutory discretion vested in the Lt-Governor without government advice.

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Last month the MHA while replying to the HC had mentioned that the nomination of five legislators rests with J&K LG Manoj Sinha. (HT File)

Overview

  • The Ministry of Home Affairs told the Jammu & Kashmir High Court that the Lt-Governor can nominate five assembly members without the elected government’s “aid and advice” under the 2023 amendments.
  • Sections 15, 15A and 15B authorize two members from the Kashmiri migrant community (including at least one woman), one person displaced from Pakistan-occupied J&K and two additional women to address underrepresentation.
  • In its affidavit, the MHA called the PIL filed by Congress spokesperson Ravinder Kumar Sharma politically motivated, urged dismissal of the challenge with exemplary costs and maintained that the Assembly’s strength is 114 elected seats plus nominated members.
  • National Conference and PDP leaders criticized the Centre’s position as contempt for the public mandate, warning that the nominations could alter legislative majorities and undermine democratic norms.
  • A rejoinder to the MHA’s affidavit is due before the next hearing on August 14 at the Jammu & Kashmir High Court, where both sides will argue the constitutional validity of the nomination powers.