Union Home Ministry: L-G Holds Statutory Authority Over Jammu and Kashmir Assembly’s Nominated Seats, Beyond Government’s Scope

Legal Provisions and Amendments

Under the Jammu and Kashmir Reorganisation Act, 2019, the Legislative Assembly was created with 90 elected seats. Initially, the L-G could nominate two women MLAs if female representation was inadequate.

In July 2023, the law was amended to allow three additional nominations:

• Two from the Kashmiri migrant community (one must be a woman)
• One from the displaced persons of Pakistan-occupied Jammu and Kashmir (PoJK)

This brought the total number of nominated seats to five, increasing the assembly strength from 90 to 95.

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Extent of Powers and Voting Rights

Nominated members in J&K are not symbolic figures—they have full voting rights, including participation in legislative decisions. Their influence could be significant in tight electoral outcomes or hung assemblies, where every vote matters.

However, there is still ambiguity on whether they should participate in government formation votes or only after a government is in place.

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Political Opposition and Criticism

Several political parties, including the National Conference (NC), Congress, and Peoples Democratic Party (PDP), have voiced strong opposition. They argue that:

• Nominations should be made only on the advice of the elected government.
• Allowing the L-G unilateral power over these appointments undermines democratic principles.
• The move could distort electoral mandates and potentially affect government formation.

The PDP went as far as calling it a form of “pre-result rigging”, citing concerns over manipulation before election outcomes are finalized.

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Legal and Constitutional Debate

Critics highlight that even the President of India does not have direct powers to nominate members to a state assembly. They question whether it is constitutionally sound for an unelected official like the L-G to have such authority in a democratically elected legislature.

Proponents, however, compare it to Puducherry’s legislative model, where nominated MLAs enjoy full voting rights—a practice upheld by the courts.

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Potential Impact on J&K Politics

Given that J&K is still under a unique governance arrangement as a Union Territory, these nominations can tip the balance of power in a closely contested assembly. This could lead to situations where nominated members—appointed by the L-G—play a decisive role in deciding the ruling coalition.

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Conclusion

By reaffirming the L-G’s statutory authority, the Union Home Ministry has cemented a centralized influence mechanism in J&K’s political framework. While the move is legally backed, its political implications continue to spark heated debates about democratic legitimacy, federal principles, and electoral fairness in the region.