Who decides nominations to UT Assemblies? , Pg10

Key Highlights:

• The Union Home Ministry stated that the LG of J&K can nominate five members to the Legislative Assembly without the aid of the Council of Ministers.
• The Constitution allows for nominated members in Parliament and State legislatures, but the nomination of Anglo-Indian members was discontinued in 2020.
• Section 14 of the J&K Reorganisation Act, 2019, provides for 90 elected seats in the J&K Legislative Assembly.
• Sections 15, 15A and 15B of the Act allow the LG to nominate up to five members: two women, two Kashmiri migrants, and one displaced person from PoK.

Detailed Insights:

• The Rajya Sabha has 12 nominated members, appointed by the President on the advice of the Union Council of Ministers.
• In States with Legislative Councils, about one-sixth of members are nominated by Governors on the advice of the States’ Council of Ministers.
• The Government of National Capital Territory of Delhi Act, 1991, provides for 70 elected members in the Delhi Assembly, with no nominated MLAs.
• The Government of Union Territories Act, 1963, provides for 30 elected members in the Puducherry Assembly, and allows the Union government to nominate up to three members.
• The Madras High Court, in the K. Lakshminarayanan versus Union of India (2018) case, upheld the Union government's power to nominate members to the Puducherry Assembly without the advice of the UT’s Council of Ministers.
• The Supreme Court, in the Government of NCT of Delhi versus Union of India (2023) case, emphasized the ‘triple chain of command’ ensuring democratic accountability.
• Political differences between the Union government and a UT government should not disrupt the democratic process, especially in smaller assemblies like J&K and Puducherry.
• The author suggests that the nomination of members to the J&K Assembly should be based on the advice of its Council of Ministers to uphold democratic principles.

Key Concepts Involved:

• Lieutenant Governor (LG): The constitutional head of a Union Territory, appointed by the President of India.
• Council of Ministers: A body of ministers, headed by the Chief Minister, that advises the Governor or Lieutenant Governor in the exercise of their functions.
• Triple Chain of Command: A concept that ensures civil servants are accountable to ministers, ministers to the legislature, and the legislature to the electorate.