News: The Union Ministry of Home Affairs has informed the Jammu and Kashmir High Court that the Union Territory’s Lieutenant-Governor can nominate five members to the J&K Legislative Assembly without the government’s “aid and advice”.
About Nominations to Union Territory Assemblies
Constitutional and Legal Provisions
- The Indian Constitution provides for nominated members in the houses of Parliament and State legislature.
- Lok Sabha and State assemblies: The provision for nominating two Anglo-Indian members to the Lok Sabha and one Anglo–Indian member to State Legislative Assemblies was discontinued in 2020.
- In the six States with Legislative Councils, nearly one-sixth of the members are nominated.
- These members are nominated by the Governors on the advice of the States’ Council of Ministers.
- Rajya Sabha: The Rajya Sabha has 12 nominated members.
- These members are nominated by the President on the aid and advice of the Union Council of Ministers.
- Union Territories with Assembly: The composition of the Legislative Assemblies of three Union Territories (UT) is governed by acts of Parliament.
- UT of Delhi: Section 3 of the Government of National Capital Territory of Delhi Act, 1991 provides for 70 elected members in the Delhi Assembly.
- There are no nominated MLAs in the Delhi Assembly.
- UT of Puducherry: Section 3 of the Government of Union Territories Act, 1963 provides for 30 elected members in the Legislative Assembly of Puducherry.
- It also provides that the Union government may nominate up to three members to the Puducherry Assembly.
- UT of Jammu and Kashmir: Section 14 of the J&K Reorganisation Act, 2019 (as amended in 2023) provides for a total of 90 elected seats in the Legislative Assembly of J&K.
- Sections 15, 15A and 15B provide that the LG may nominate a total of up to five members — two women, two Kashmiri migrants and one displaced person from Pakistan occupied Kashmir — to the J&K Assembly.
- UT of Delhi: Section 3 of the Government of National Capital Territory of Delhi Act, 1991 provides for 70 elected members in the Delhi Assembly.
Judicial Precedents in cases related to the procedure of nomination of members to assemblies of UTs
- Lakshminarayanan versus Union of India (2018) case: The case was related to the procedure for nomination of members to the Puducherry Assembly.
- The court upheld the power of the Union government to nominate three members to the Assembly and that it need not be based on the advice of the UT’s Council of Ministers.
- Government of NCT of Delhi versus Union of India (2023) case: The Supreme Court had delved into the concept of ‘triple chain of command’ that ensures democratic accountability.
- As per this ‘triple chain of command’ concept, the civil servants are accountable to ministers; ministers are accountable to the legislature; and the legislature is accountable to the electorate.
- It therefore held that the LG is bound by the aid and advice of the Council of Ministers in all matters except where the Delhi Assembly does not have legislative powers.
Government of India’s stand
- The nomination of five members to J&K Assembly was outside the realm of the business of the elected government of J&K.
- Therefore, the Lieutenant Governor can nominate five members to the J&K Assembly without “aid and advice” of the elected government in the Union Territory.
