Srinagar, Aug 11 (IANS) The Ministry of Home Affairs (MHA) has submitted to the J&K High Court that the Lt Governor (L-G) is empowered to nominate five members to the Legislative Assembly.
The MHA said that these nominations were necessary for inclusive and adequate representation of all communities.
The MHA, in its affidavit to the high court, said the L-G’s powers were discretionary and can be exercised without the aid and advice of the council of ministers, asserting that the L-G’s office was not an extension of the government.
The MHA filed the affidavit in response to a plea of Congress leader and party spokesperson, Ravinder Sharma, challenging the constitutional validity of sections 15, 15-A and 15-B of the Jammu and Kashmir Reorganisation Act, which made provisions for the L-G to nominate five members of the legislative assembly over and above the sanctioned strength.
“The sections were enacted to ensure that diverse voices, including those from underrepresented communities, could contribute to the legislative process. The enactment of the sections (granting power to the L-G) was necessitated to ensure adequate representation and inclusivity in the Legislative Assembly of the Union Territory of Jammu and Kashmir,” the ministry said.
The MHA pointed out that the women are not adequately represented in the legislative assembly. Hence, the L-G was empowered to nominate members to address the need for representation of certain communities or groups that may not have adequate electoral representation.
“The L-G has the powers to exercise the duty in his discretion, as a statutory functionary without aid and advice and not as an extension of the government. The impugned sections serve a critical legislative function by ensuring representation for historically displaced communities and unrepresented persons within the governance structure of the Union territory,” the ministry said.
The MHA emphasised that the legislative intent behind these provisions is well-founded in law and equity, ensuring that the voices of these displaced communities are neither ignored nor marginalised in the democratic process.
“The L-G of J&K holds executive authority, like the governance model of New Delhi and Puducherry”, the affidavit said, seeking dismissal of the plea with exemplary cost, terming it as “politically motivated”.
“J&K is governed by the Constitution of India and the laws enacted by the Parliament of India. J&K does not retain any special status, and all laws made by the Parliament of India shall be applicable to the UT of Jammu and Kashmir. The petition has become “academic” as the scenario contemplated did not arise. It was necessary to have two members from the community of Kashmiri migrants as multiple regions of the area have remained disturbed for decades, leading to extensive displacement of civilians,” the affidavit said.
It added that the inability of such displaced individuals to return to their place of origin due to persistent disturbances necessitates an alternative mechanism to ensure their representation in governance.
“The objective was to ensure that their voice is heard in the legislative process to safeguard their rights and interests. There is no representative to the assembly from among the displaced persons from Pakistan-occupied Jammu and Kashmir, and hence this provision was also necessary,” the MHA affidavit said.
Sharma, in his petition, said the sections have the potential of converting the minority government into a majority and vice versa.
The petition sought a direction to the Lt Governor not to make the nominations to the J&K Legislative Assembly, as it was likely to have the propensity to turn a minority into a majority government.
The MHA, in its affidavit, said the petitioner’s anxiety “remains an anxiety” as the situation did not arise in the 2024 assembly elections and said the plea was filed prematurely.
Former Chief Minister, Mehbooba Mufti, said the provision was a blatant subversion of democratic principles. She urged Chief Minister Omar Abdullah to challenge this “undemocratic precedent” because “silence now would be complicity later.”
Chief Minister Omar Abdullah said that representation must be earned through a vote, not granted by the centre.
–IANS
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