NC, PDP flay Centre's stand on L-G's powers to nominate 5 MLAs to J&K Legislative Assembly
'When Jammu and Kashmir has an elected government with an absolute majority, bypassing it to let the L-G handpick members is not governance, it is contempt for the people's mandate. It strikes at the heart of parliamentary democracy, ignores the constitutional spirit of 'aid and advice', and sets a dangerous precedent where unelected appointees can rewrite the people's verdict,' ruling NC leader and MLA Tanvir Sadiq said.
Former Chief Minister and PDP president Mehbooba Mufti also expressed her dismay over the Centre's stand. 'The Government of India's decision to nominate five MLAs in Jammu and Kashmir after holding elections is a blatant subversion of democratic principles. Nowhere else in the country does the Centre handpick legislators to override the public mandate. In India's only Muslim-majority region, long marred by conflict, this move feels less like governance and more like control,' Ms. Mufti said.
Following the 'illegal bifurcation' of the erstwhile State of Jammu and Kashmir, skewed delimitation and discriminatory seat reservations, this nomination was yet another body blow to the idea of democracy in Jammu and Kashmir. 'Representation must be earned through the people's vote not granted by a Central decree,' she added.
Appeal to CM
Ms. Mufti urged Chief Minister Omar Abdullah to put up a fight. 'This cannot be allowed to become the norm. Hope Mr. Abdullah's government rises to the occasion by challenging this undemocratic precedent because silence now would be complicity later,' Ms. Mufti said.
CPI(M) leader and Kulgam MLA M.Y. Tarigami too questioned the Home Ministry's justification for empowering the L-G. 'It is a clear attempt to undermine the electoral democratic process in the region. This move is yet another step in eroding democratic norms. The L-G himself is an unelected nominee of the government and giving him the authority to nominate members to the Assembly runs contrary to the very spirit of representative democracy,' Mr. Tarigami said.
He said earlier the Centre conducted delimitation exercise in Jammu and Kashmir that 'amounted to gerrymandering'. 'No established norms were followed during delimitation. Kashmir, despite having a larger population, was given only one additional seat, while the other region got six seats. This arbitrary process compromised the fairness of our electoral system,' he said.
Mr. Tarigami said the provision for nominating members, 'especially by an unelected L-G, will 'further worsen the situation'. 'Nomination itself is contrary to the principle of an electoral democratic process, and in the present context, it openly indicates designs to weaken democratic representation in Jammu and Kashmir,' Mr. Tarigami said.
According to amended Section 15 of the Jammu and Kashmir Reorganisation Act, 2019, the L-G has powers to nominate five members — two women, two Kashmiri Pandits and one Pakistan-occupied Jammu and Kashmir resident — to the Assembly. Most parties opposed the move and alleged that in case of a hung Assembly, the five MLAs may tilt the balance and the ruling party in the Centre will benefit from it. The L-G powers were contested before the High Court.
The Hindu on August 10 reported that the Union Ministry of Home Affairs had submitted its position and supported the L-G's powers to nominate five members to the Jammu and Kashmir Legislative Assembly without the government's 'aid and advice'. The Ministry said the nominations were 'outside the realm of the business of the elected government of Jammu and Kashmir'.
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