Aid and advice , Pg8

Key Highlights:

• The Union Ministry of Home Affairs asserted that the Lieutenant Governor (LG) of J&K can nominate five assembly members without the elected government's advice.
• The J&K High Court questioned whether amendments to the J&K Reorganisation Act of 2023, allowing the LG to nominate members, violate the Constitution's basic structure.
• Amendments to the 2019 Act allow the LG to nominate two Kashmiri migrants, one from Pakistan-occupied J&K, and two women if underrepresented.
• The High Court acknowledges that these nominations could potentially convert a minority government into a majority, subverting the electoral process.

Detailed Insights:

• The core issue is whether allowing appointed officials to potentially overturn the people’s electoral verdict violates the democratic essence of the Constitution.
• The Ministry's submission invokes the K. Lakshminarayanan vs The Union of India precedent from Puducherry, claiming the "sanctioned strength" includes elected and nominated members.
• In 2021, Puducherry saw nominated members and defecting elected MLAs contributing to the collapse of the Congress-led government, highlighting the risk of such nominations.
• The unfulfilled promise of Statehood restoration for J&K, acknowledged by the Supreme Court, reinforces that current arrangements should strengthen democratic governance.
• The Supreme Court has ruled that the LG should act on elected governments’ aid and advice, with discretionary powers treated as exceptions, as seen in the Delhi services cases of 2018 and 2023.

Key Concepts Involved:

• Democratic Accountability: The principle that government officials are responsible to the people and must act in their best interests.
• Basic Structure Doctrine: A judicial principle that certain fundamental features of the Constitution cannot be altered by amendments.
• Lieutenant Governor: The constitutional head of a Union Territory, appointed by the President of India.