5 nominated MLAs could be key in J&K, LG to name them | India News

NEW DELHI: As most exit polls have indicated a hung House in Jammu and Kashmir, all eyes are now on the five members who will be nominated to J&K assembly by the lieutenant governor.
Crucially, they will be nominated before the first sitting of the House and can vote, just like elected members, in a test of majority.
The nominations will take the strength of the House to 95 and raise the majority mark to 48, a figure that none of the contenders are likely to reach on their own, going by exit polls.
Given that the LG is a nominee of the Centre, National Conference (NC) and Congress fear he may utilise the provision to help BJP in case of a divided verdict, and have claimed that the LG can exercise powers only on the aid and advice of the chief minister. The assertion has been disputed by BJP, which argues that the law is unambiguous about nominations being the prerogative of the LG. This nomination process is mentioned in Section 15 of Jammu and Kashmir Reorganisation Act, 2019, which was further revised on July 26, 2023.
J&K assembly is modelled on the Puducherry assembly where three nominated members function at par with elected MLAs and have voting rights.
Former Puducherry LG Kiran Bedi’s decision to nominate two members to the UT assembly without consulting the Congress-led govt was challenged in Madras High Court and later in the Supreme Court in 2017-2018. The Puducherry govt argued that the LG ought to have consulted the CM before nominating the MLAs but the top court upheld it and found no illegality.
J&K Congress vice-president Ravinder Sharma said, “We oppose the nomination of five MLAs by the LG before govt formation. Any such move is an assault on democracy, the people’s mandate and the fundamental principles of the Constitution.”
However, BJP leader and former deputy CM Kavinder Gupta said, “These members will be nominated as per the rules. The LG has discretion to nominate them and he will do it according to the rules.”