J&K polls: Political slugfest breaks out over LG’s power to appoint 5 legislators
While the NC-Cong alliance, and PDP have threatened to move court against the move, it is yet not clear if the LG can appoint the MLAs during govt formation or later
With Jammu and Kashmir hours away from electing a new government after a decade, a political slugfest has broken out over the Lieutenant Governor (LG) Manoj Sinha’s power to nominate five members to the new Assembly of the Union territory, with the Congress and regional parties including NC and PDP vehemently protesting the same.
While it is unclear if the LG-appointed MLAs will have a say in government formation, the Congress and its ally National Conference (NC) and the People's Democratic Party (PDP) have also threatened to move the Supreme Court against any such move.
What is the debate?
At the heart of the nomination row was whether the LG can exercise the power during government formation, or this has to be done with the aid and advice of the council of ministers, amid speculation that the five members could play a crucial role in the event of a hung Assembly in the Union territory.
The debate gained momentum on the eve of the results for the Jammu and Kashmir Assembly polls. The erstwhile state is set to get its first elected government since 2019 when Article 370 was abrogated. It voted to elect MLAs to the 90-member Assembly in a three-phase polls.
Will the legislators be appointed during govt formation?
In the mega battle of alliances, the addition of the five nominated members would take the House strength to 95, and the majority mark to 48. These members, who could be potentially advantageous to the BJP, will have the same powers and voting rights as other MLAs.
Several exit polls on Saturday gave an edge to the Congress' alliance with the NC, with the regional partner projected to emerge as the single largest party.
Legal experts held divergent views on whether the LG can nominate the five MLAs at the time of government formation or at a later stage on the aid and advice of the council of ministers. The five members will comprise two women, two from the migrant community and one refugee from Pakistan-occupied Jammu and Kashmir (POJK).
Supreme Court advocate Ashwani Kumar Dubey told PTI that the Jammu and Kashmir Reorganisation Act 2019, which was amended in 2023, was "unclear" over the issue whether the nominated MLAs will have a role in the government formation.
About the LG’s power to nominate five members and whether it can be exercised without the aid and advice of the council of ministers, former Delhi High Court judge Justice (retd) S N Dhingra said one has to wait for the actual poll results and the issue at this stage is premature.
NC, PDP threaten to move court
NC president Farooq Abdullah said his party will move the Supreme Court against any move to nominate the five members during government formation process.
"The LG should first of all stay away from this process as a government is being formed. It is for the government to nominate people and send it (nominations) to the LG. That is the normal procedure. What they want to do, I do not know. However, if they do it, we will go to the Supreme Court. What is the point in making the government, if the Lord Sahib remains here? We have to fight against all this," Abdullah said.
Jammu and Kashmir Congress chief Tariq Hamid Karra said such any such move would amount to “rigging the poll results”, contrary to the basic concept of democracy and defeating the mandate of the people.
PDP leader Iltija Mufti echoed similar sentiments.
All 5 legislators from our party, claims BJP leader
Jammu and Kashmir BJP chief Ravinder Raina said the nomination of five MLAs by the LG is being carried out in accordance with the Reorganisation Act.
He claimed that the BJP will emerge as the single largest party in the region by securing 35 seats and will form the government with the help of like-minded and independent candidates.
Meanwhile, adding more fuel to the fire, BJP leader Sofi Mohammad Yousuf has claimed that all the five candidates will be from his party.
"All the nominated members are from the BJP. It is our government at the Centre. Whoever is in the government, the (nominated) candidates will also be theirs," Yousuf said.
He said the five nominated members are Ashok Kaul, Rajni Sethi, Fareeda Khan, Sunil Sethi and the BJP's Jammu and Kashmir Mahila Morcha president.
Asked if the names have been approved, Yousuf said "It has been stamped already. We are already winning five seats."
(With inputs from agencies)
