The Union Home Ministry has told the Jammu and Kashmir High Court that the Lieutenant Governor of Jammu and Kashmir can nominate five members in the Jammu and Kashmir Legislative Assembly even without the “assistance and advice” of the government. According to a report by The Hindu, the ministry said that these nominations are “out of the field of the elected government of Jammu and Kashmir”.
These five members include three members – two Kashmiri migrants (one of whom is a woman), one Pakistan Occupied Jammu and Kashmir (POJK) community, and two women – if in the opinion of the Lieutenant Governor, there is not adequate representation of women in the Legislative Assembly. The affidavit given by the Ministry of Home Affairs in the court states that this nomination is “out of the jurisdiction of the elected government of Jammu and Kashmir”.
What did the Ministry of Home Affairs say in its affidavit?
He added, “Once when the by -laws of Parliament recognize the Lt. Governor of the Union Territory as a separate authority under the Parliamentary Act, it is essentially an indication that when the Lieutenant Governor is provided any strength, it should be used as a statutory work, not as the head of the Union Territorial Government. It is not doubtful as his doubt as his duties. From, as a statutory officer, this statutory duties should be performed, not as the government’s expansion, thus, without any assistance and advice “.
Congress leader challenged the law
This amendment was challenged through a PIL (PIL) filed by Congress leader Ravinder Kumar Sharma. While hearing the petition, the High Court sought a response from the Central Government on the changes in the 2019 Act on 21 October 2024. It was asked in the petition, “Does Sections 15, 15-A and 15-B of the Jammu and Kashmir Reorganization Act, 2019, which provide to nominate more members than the sanctioned numbers of the Legislative Assembly and in which the minority government has the ability to convert majority into a government and on the contrary, is the ability to violate the basic structure of the Constitution, outside the jurisdiction of the Constitution?”
The 2023 amendment increased the total number of seats from the current 114 to 119. The government had kept 24 seats vacant for POJK areas. In the affidavit filed on July 24, the Ministry of Home Affairs said that “the current writ petition has remained incomplete as the expected scenario did not arise.” It states that “Section 12 of Section 12 of the Union Territory Act, 1963 will be equally applicable to Section 15, 15A and 15B of the Jammu and Kashmir Reorganization Act and accordingly, thus enrollment will be done without the help and advice of the Council of Ministers, as it is outside the field of the elected government of Jammu and Kashmir”
Which law did the Ministry of Home Affairs refer to?
The Ministry of Home Affairs said that the petitioner has failed to certify the claim that the nominations made under the Jammu and Kashmir Reorganization Act, 2019 are more than the sanctioned number of the Legislative Assembly, while the nomination under the Union Territory Act, 1963 is not more than the approved number. The Ministry of Home Affairs said, “The petitioner has not presented any concrete legal basis or legal interpretation to support such a difference and the presentations in this regard are wrong and impractical in terms of law.”
It further states that Section 14 (3) of the 2019 Act “does not provide total members of the Legislative Assembly; but only provides the number of elected members directly for that Legislative Assembly”. The Ministry of Home Affairs said, “The approved members of the assembly are not 114, but all the members nominated according to Section 15, 15A and 15B are all members nominated”.
It further states that the misleading statutory interpretation of the petitioner was to be implemented on the Union Territory of Puducherry as well, according to this interpretation, the total number number of Puducherry Assembly under Section 3 (2) of the 1963 Act will be 30. The Ministry of Home Affairs said, “While according to his own case, the sanctioned member number 33, ie 30 + 3 for the Union Territory of Puducherry is stated”. The hearing of the case is scheduled on 14 August.
Elections for the 90-seat Jammu and Kashmir Legislative Assembly were held in September-October 2024 and the results were declared on 8 October, in which the National Conference-Congress alliance won a huge victory.
Also read
‘Democracy is in danger due to questions …’, what did Shashi Tharoor involved in the march with Rahul Gandhi say?