Nominations to Union Territory Assemblies

• Context (TH): The Home Ministry informed the High Court that Jammu & Kashmir’s Lieutenant Governor can nominate five Assembly members without Cabinet advice, raising concerns over democratic accountability and UT powers.

Constitutional Framework for Nominated Members

• The Constitution allows nominated members in Rajya Sabha and State legislatures:
  • Rajya Sabha: 12 members nominated by the President.
  • State Legislative Councils: One-sixth nominated by Governors.
• Anglo-Indian nominations to the Lok Sabha and State Assemblies were discontinued in 2020.
• In all such cases, nominations are based on the aid and advice of the Council of Ministers.

Nomination in Union Territories with Legislative Assembly

• Appointment: By the Governor without the aid and advice of the Council of Ministers.
• Voting rights: These nominated members have the same rights as elected members, including the right to vote in the Assembly.
• Delhi Assembly: No nominated MLAs (Total 70 elected members).
• Puducherry Assembly: Up to three nominated MLAs (30 elected + 3 nominated members).
• J&K Assembly: Up to five nominated MLAs (currently 90 elected + 5 nominated members).
  • As per Jammu & Kashmir Reorganisation Act, 2019, LG can nominate two women if women are inadequately represented.
  • As per 2023 Amendment to the Act, LG can nominate three more members, two Kashmiri migrants (including a woman) and one from the Pakistan-occupied J&K (PoJK) community.

Judicial Pronouncements

• K. Lakshminarayanan (2018): Madras HC upheld Union’s authority to nominate Puducherry MLAs without UT govt’s advice; Supreme Court later set aside the suggested reforms.
• NCT Delhi (2023): Established the “triple chain of command,” clarifying that the Lieutenant Governor must act on the aid and advice of the Council of Ministers.

Democratic Concerns

• Centre-UT Friction: In smaller Assemblies like Puducherry and J&K, nominated members can tilt the balance of power, even overturning an elected majority.
• Federal Spirit: Direct nomination by LG/Union without UT Cabinet advice bypasses the elected government.
• Democratic Accountability: In a parliamentary democracy, the executive is answerable to the legislature and people; bypassing the elected government violates this principle.
• Subversion of the Electoral Process: Since nominated members can vote in confidence motions, they may topple a popularly elected government.