Nominated MLAs and Potential Impact on J&K Assembly

• 07 Oct 2024

Why in News?  

Recently, as the Jammu and Kashmir (J&K) assembly election results draw near, the nomination of five Members of Legislative Assembly (MLAs) by the Lieutenant Governor has raised concerns about its potential influence on government formation.

Key Points  

• Nominations Before Assembly Formation: 
  • The Lieutenant Governor of J&K is reportedly nominating five MLAs before the formation of the assembly, raising concerns in political circles. 
  • The five nominated MLAs represent Kashmiri displaced persons and those from Pakistan-Occupied Jammu and Kashmir (POJK). 
  • These MLAs will have full legislative powers and privileges, just like elected representatives. 
• Jammu and Kashmir Reorganisation Act, 2019: 
  • The J&K Reorganisation Act, 2019 allows for the nomination of members to the assembly, with provisions to give representation to women. 
  • A 2023 amendment to the Act expanded the nomination to include three additional members – two from the Kashmiri migrant community and one from POJK displaced persons, bringing the total to five. 
• Majority Mark Shift: 
  • The assembly's strength would expand to 95 members if these nominations go through, raising the majority mark for government formation to 48 seats. 
• Puducherry Assembly Model: 
  • The J&K assembly is modeled on Puducherry's, where nominated members have the same powers and voting rights as elected representatives. 

Jammu and Kashmir Reorganisation Act, 2019 

• It divided Jammu and Kashmir into 2 Union Territories of Jammu & Kashmir and Ladakh. 
• It repealed Article 370, which had granted Jammu & Kashmir a unique status. 
• Leh and Kargil districts were included in the Union Territory of Ladakh, while the remaining areas became part of Jammu & Kashmir. 
• Five Lok Sabha seats were retained by Jammu & Kashmir, and one was transferred to Ladakh. 
• Legislature: The seats in the Legislative Assembly will be reserved for tribal and scheduled caste people to keep the proportion intact of their population in the Union Territory of Jammu & Kashmir. 
  • The Lt. Governors can nominate two women members for the Assembly to represent women if women are not sufficiently represented to justify equality between men and women. 
  • The elected Legislative Assembly will be for 5 years, and the Lt. The Governor will summon the Assembly once every six months. 
  • The Legislative Assembly has the right to pass a law for any given part of the Union Territory of J&K related to any of the matters listed in the Indian Constitutions State's List except for the "Police" and "Public Order." 
  • Any matter specified in the Concurrent List will be applied to Indian Union Territories. Furthermore, Parliament will have the decision-making power to create laws for Jammu Kashmir and its Union Territory.