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| Debate over nominations of 5 MLAs heats up before election results | | | Early Times Report
Jammu, Oct 4: With the conclusion of the three-phase Jammu and Kashmir Assembly elections, a heated debate has emerged regarding the nomination of five Members of the Legislative Assembly (MLAs). The controversy stems from the “Jammu and Kashmir Reorganization (Amendment) Bill, 2023,” passed by the Lok Sabha on December 6, 2023, and published in the Gazette of India on December 15, 2023, which did not clarify details about these nominations.
Political parties and experts remain divided on the issue. Opposition parties have warned the Bharatiya Janata Party (BJP) against using these nominated seats to secure its advantage, while the ruling BJP has asserted that it is the Lieutenant Governor’s prerogative to nominate these members.
Opposition Congress and National Conference strongly opposed the move of nominating MLAs before the formation of the new government in Jammu and Kashmir.
The Congress has strongly objected to the move of the ruling BJP to get five of its leaders nominated to the Legislative Assembly, from Lieutenant Governor prior to the process of government formation in J&K, and termed any such move as undemocratic and against the mandate of people.
Reacting strongly to the media reports in this regard, the chief spokesperson of the Jammu and Kashmir Pradesh Congress Committee (JKPCC) Ravinder Sharma termed any such move as undemocratic, and an attempt to defeat the mandate of the people. He said that the power to nominate five members to the legislative assembly should lie with the new government.
Rattan Lal Gupta, provincial president of Jammu and Kashmir National Conference (JKNC), today voiced strong objections against the nomination of five MLAs to the Jammu and Kashmir Legislative Assembly by LG, asserting that this move is unconstitutional and undemocratic. He stated that such powers lie solely with an Opposition parties have warned the BJP against using these nominated seats to secure its advantage.
Opposition Congress and NC strongly opposed the move of nominating MLAs before the formation of the new government.
JKPCC spokesman Ravinder Sharma termed any such move as an attempt to defeat the mandate of the people.
The power to nominate five members to the legislative assembly should lie with the new government.
According to the Jammu and Kashmir Reorganization Act 2019, the Lieutenant Governor may nominate two women MLAs if they believe women are underrepresented in the Assembly. This is explicitly mentioned in Part III, Section 15 of the Act under the title “Representation of Women.”
In addition, the Jammu and Kashmir Reorganization (Amendment) Act 2023 provides for the nomination of two MLAs representing Kashmiri migrants and one representing displaced persons from Pakistan-Occupied Jammu and Kashmir (PoJK). These provisions allow the Lieutenant Governor to nominate two members from the Kashmiri migrant community, including one woman, and one member from displaced persons of PoJK.
The nominated MLAs will have full legislative powers, equivalent to elected MLAs, marking a historic step toward including these underrepresented communities in the political process.
The Jammu and Kashmir Legislative Assembly will expand to 95 members, consisting of 90 elected MLAs and 5 nominated MLAs. This expansion raises the majority threshold to 48 seats to form a government. The Lieutenant Governor will nominate the five members based on the advice of the Home Ministry, following the provisions outlined in the amendments to the Jammu and Kashmir Reorganization Act, 2019.
After amendments to the Jammu and Kashmir Reorganization Act, Article 239A of the Constitution, which applies to the Union Territory of Puducherry, now also applies to Jammu and Kashmir. This article allows for a legislature that may be partly nominated and partly elected, and a Council of Ministers.
As the vote counting concludes on October 8, political parties are closely watching how the nomination process unfolds, with the possibility of government formation as early as October 15. |
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