Aid and advice: on Jammu and Kashmir, LG's Assembly member nominations
The amendments inserted Sections 15A and 15B into the 2019 Act, allowing the LG to nominate two Kashmiri migrants (including one woman) and one from the Pakistan-occupied J&K community, besides the existing power to nominate two women, if inadequately represented in the elected Assembly. This effectively creates five nominated seats. The High Court's framing of this issue acknowledges the stakes involved: this could 'convert minority government into majority government and vice-versa', potentially subverting the electoral process. This concern is not unsubstantiated — in 2021, three years after Lakshminarayanan, Puducherry saw nominated members and defecting elected MLAs contributing to the collapse of the Congress-led government. Also, J&K's trajectory to Union Territory, without consultation with elected representatives, makes democratic accountability even more crucial. The unfulfilled promise of Statehood restoration, acknowledged by the Supreme Court and despite overwhelming support in J&K, reinforces that current arrangements should strengthen democratic governance. The Ministry's argument that nominations exist 'outside the realm of the business of the elected government' also contradicts evolving Supreme Court jurisprudence. In the Delhi services cases of 2018 and 2023, it ruled that the LG should act on elected governments' aid and advice, with discretionary powers treated as exceptions. Seen in this light, the Ministry's arguments do not hold water.
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