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The Hindu
5 days ago
- Politics
- The Hindu
Aid and advice: on Jammu and Kashmir, LG's Assembly member nominations
The Union Ministry of Home Affairs' assertion to the J&K High Court that the Lieutenant Governor (LG) can nominate five Assembly members without the 'aid and advice' of the elected government overrides democratic accountability. Consequential decisions such as nominating members who have voting rights in an elected assembly must flow from democratic mandate, not administrative discretion. The High Court's constitutional question could not be more direct: do the 2023 amendments to the J&K Reorganisation Act, allowing the LG to nominate five Assembly members 'which have the potential of converting the minority government into a majority government and vice-versa,' violate the Constitution's basic structure? Rather than addressing this, the Ministry delves into legal technicalities. Its submission argues that nominations fall outside the elected government's remit, seemingly invoking the K. Lakshminarayanan vs The Union of India precedent from Puducherry while claiming the 'sanctioned strength' includes elected and nominated members. It even references Section 12 of the 1963 Union Territories Act (voting procedures) as justification for bypassing democratic consultation. When five nominated members could determine government stability in a 119-member Assembly, the issue transcends statutory definitions of 'sanctioned strength'. The real question is whether any legal framework allowing appointed officials to potentially overturn the people's electoral verdict violates the democratic essence of the Constitution. 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.
Indian Express
10-06-2025
- Politics
- Indian Express
Panel proposes financial autonomy, independent Secretariat for Delhi Assembly
In a move that can give more powers to the Speaker, the Delhi Legislative Assembly's Rules Committee has moved a proposal to establish an independent Secretariat and grant financial autonomy to the House, officials said. The committee, under the chairmanship of Speaker Vijender Gupta, has given in-principle approval to the proposal, and a resolution in this regard is likely to be moved in the upcoming Monsoon Session, officials added. 'Since its constitution in 1993, the Delhi Assembly has been functioning without a dedicated secretarial cadre or financial independence. Unlike Parliament and State Legislatures, where the Speaker has authority over appointments and administrative matters, the Delhi Assembly relies on officers deputed from various government departments. This dependency has led to operational inefficiencies and curtailed the Assembly's functional autonomy,' said an official. Acknowledging this concern, the Speaker, in a recent meeting, proposed the establishment of a separate Legislative Secretariat and bringing in financial autonomy for the Assembly. This proposal aligns with Articles 98 and 187 of the Constitution, which ensure such provisions for Parliament and State Legislatures, respectively, said officials. Currently, there are three Union Territories (UT) — Delhi, Puducherry, and Jammu & Kashmir — that have their own assemblies. Of these, the Delhi Assembly is the only one created as a constitutional body, whereas the Puducherry and J&K legislatures are statutory bodies created by the Government of Union Territories Act, 1963, and Jammu and Kashmir Reorganisation Act, 2019, respectively. However, no such provision for a separate Secretariat was made for the Delhi Assembly either in the Constitution or in the Government of NCT of Delhi Act, 1991, according to a statement by the Delhi Assembly. 'In light of Article 239 AA(b) of the Constitution — which empowers Parliament to regulate matters related to the functioning of the Delhi Legislative Assembly — it has been proposed that the Rules Committee may recommend an amendment to the GNCTD Act, 1991. This would enable the formation of a separate Secretariat and grant financial autonomy to the Delhi Assembly, bringing it at par with State Legislatures and the UT of Jammu & Kashmir,' the statement said. Officials said once implemented, the proposal would mark a major step forward in ensuring institutional independence and effective functioning of the Delhi Assembly as a constitutional legislative body.
