The Hindu: Published on 19th August 2025.
Why in News?
The Union Home Ministry recently told the Jammu & Kashmir and Ladakh High Court that the Lieutenant Governor (LG) of J&K can independently nominate five members to the Legislative Assembly.
This has revived debate over who should control the nomination process in Union Territories (UTs) — the elected Council of Ministers or the Centre through the LG.
Constitutional Position:
Parliament and State Legislatures both have nominated members.
Rajya Sabha: President nominates 12 eminent persons (acting on Union Govt.’s advice).
Legislative Councils (6 states): Nearly one-sixth nominated by Governors (on State Govt.’s advice).
Anglo-Indian seats in Lok Sabha & State Assemblies: Discontinued in 2020.
Union Territories Framework:
Delhi Assembly (1991 Act): 70 elected MLAs; no nominated members.
Puducherry Assembly (1963 Act): 30 elected MLAs + up to 3 nominated by Union Govt.
J&K Assembly (2019 Reorganisation Act): 90 elected seats + 5 nominated (2 women, 2 Kashmiri migrants, 1 displaced from PoK).
Judicial Precedents:
Puducherry Case (2018, Madras HC): Upheld Centre’s power to nominate MLAs without UT Govt.’s advice. Suggested legal clarity, but Supreme Court struck down those recommendations.
Delhi Services Case (2023, SC): Introduced the idea of a “Triple Chain of Accountability”:
Bureaucrats → Ministers → Legislature → People.
Held LG bound by Council of Ministers’ advice, except in reserved matters.
Though about services, logic applies to MLA nominations too.
Core Issues:
Democracy vs Central Control:
If LG nominates without UT Govt.’s advice → undermines elected govt.
If done on Ministers’ advice → aligns with democratic principles.
Political Stability:
In small assemblies like Puducherry (30 seats) or J&K (90 seats), just a few nominated MLAs can tip majority-minority balance.
Federal Balance:
UTs are not full states, but Assemblies exist to give people a voice in governance.
Over-centralisation weakens federal spirit.
J&K’s Special Case:
Former State with autonomy until 2019.
Downgraded to UT status, with promise of restoration of statehood.
Given its sensitive history, nomination should respect elected Govt.’s role to avoid alienation.
What Should Be Done?
- Statutory clarity is needed — Parliament must clearly define the nomination process.
- To uphold democratic accountability, LG should act on Council of Ministers’ advice.
- This would prevent Centre from manipulating Assembly strength for political advantage.
