Ahead Of J&K Poll Results, Controversy Over Reports That LG Will Nominate 5 MLAs Before Govt Formation

Controversy surrounds the potential nomination of five members to the J&K Assembly. Opposition parties have said the nominated members should only be chosen by the elected government.

After a three-phase assembly elections, the first in 10 years, J&K is awaiting the verdict that will be declared on October 8, 2024

Source : PTI

With just over 48 hours remaining for the counting of votes in the first elections to the Jammu and Kashmir Assembly, controversy has erupted over reports that Lieutenant Governor (LG) Manoj Sinha's administration will nominate five members to the J&K Legislative Assembly before the government formation. What is adding fuel to the fire is the fact that these five nominated members may have the right to vote in a confidence motion.

The J&K Reorganisation Act, 2019 had given the LG the authority to nominate two members to the assembly to give representation to women “if in his opinion, women are not adequately represented in the Legislative Assembly”. The Act was amended in July 2023, to allow three more members to be nominated to the Assembly — two of them will be displaced Kashmiri individuals (one woman and one man(, while one will represent the “displaced persons from Pakistan-occupied Jammu and Kashmir”. 

The controversy is over the anticipation that these five members may have full legislative powers and privileges, akin to elected representatives.

'Death Of Democracy'

Salman Sagar, who contested from the Hazratbal Assembly constituency on a National Conference ticket, said: “This will be a milestone in terms of representation for these communities, as the demand to include them in the Assembly has been long-standing, but it will open a Pandora’s box.”

He said the move will be "the death of democracy" since it will directly impact government formation. "If such reservations are to be extended, the power should rest with the elected government, not the LG, who is an unelected representative,” Salman said, warning that this will cast a shadow over the entire election process, which has been the "only positive development" in the past ten years.

With this new arrangement, the Jammu and Kashmir Assembly will have 95 members, including the five nominated ones, raising the majority threshold to 48 seats for forming the government.

The Lieutenant Governor is to nominate these members based on the advice of the Ministry of Home Affairs.

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Puducherry Model

"The objective of this arrangement is to aid the ruling party, and it seems the BJP wants to enter the government formation process in Jammu and Kashmir through the backdoor,” said PDP leader Iqbal Trambu, who contested from the Chanapora constituency.

Political analysts say this arrangement resembles the legislative framework of Puducherry, where four nominated members already exist. However, this move comes after the abolition of the Legislative Council (MLC) in Jammu and Kashmir, and the selection of nominated MLAs will take place immediately after the counting ends on October 8, which could lead to government formation by October 15.

National Conference spokesperson Imran Dar said, “The inclusion of displaced Kashmiris and PoJK refugees is being used as a way to address the unique issues of these communities, but the fact is that this will weaken the new government.”

Echoing this view, the Congress opposed the nomination of five members by the LG administration in Jammu, stating that such a move will not ensure that the grievances of displaced Kashmiri Pandits who fled in 1990 will reach the Assembly.

Congress national general secretary Sunil Sharma said, “The process of nominating members should be left to the elected government, which has the mandate.”

Nomination In Accordance with J&K Reorganisation Act: BJP

The J&K BJP has rejected the Opposition's claims.  

Party chief Ravinder Raina said Friday the nomination of five MLAs would be in accordance with the the J&K Reorganisation Act 2019. "Whatever procedure is mentioned in the act to nominate the MLAs would be followed in letter and spirit. None is above the rule of law,” Raina was quoted as saying in a Hindustan Times report.

Sources, meawhile, suggest that lobbying for these new seats has intensified in the region. Several influential figures, including senior BJP leaders and prominent leaders from the PoJK region, are said to be pushing for nominations, they said.