Srinagar: The Union Ministry of Home Affairs (MHA) has informed the Jammu and Kashmir High Court that empowering the Union Territory’s Lieutenant Governor (LG) to nominate five members to the legislative assembly is essential for ensuring inclusivity and adequate representation of all communities.
This submission sparked a strong reaction from PDP president and former Chief Minister Mehbooba Mufti, who condemned the move as a “blatant subversion of democratic principles.” She urged the Omar Abdullah-led government to challenge what she called an “undemocratic precedent,” warning that “silence now would be complicity later.”
In an affidavit, the MHA clarified that the LG’s powers are discretionary and can be exercised without the aid and advice of the council of ministers, emphasizing that the LG’s office functions independently, not as an extension of the government.
The affidavit was filed in response to a petition by Congress leader Ravinder Sharma, who challenged the constitutional validity of Sections 15, 15-A, and 15-B of the Jammu and Kashmir Reorganisation Act. These sections allow the LG to nominate five members to the legislative assembly beyond its sanctioned strength.
The MHA defended these provisions, stating they were enacted to ensure diverse representation, especially from under-represented communities. “The enactment of these sections was necessary to guarantee adequate representation and inclusivity in the UT’s Legislative Assembly,” the affidavit said.
Highlighting the under-representation of women in the assembly, the MHA noted that the LG’s power to nominate members aims to address gaps in representation of certain communities or groups that might otherwise lack electoral presence.
The Union government asserted that the LG acts as a statutory authority with discretionary powers, not as a mere government extension. The contested sections serve a vital legislative purpose by ensuring representation for historically displaced and unrepresented communities within the UT’s governance framework.
“The legislative intent is rooted in law and equity, ensuring that the voices of displaced communities are not ignored or marginalized in the democratic process,” the affidavit added.
It further explained that the LG of Jammu and Kashmir holds executive authority similar to that in Delhi and Puducherry.
The affidavit, filed by Ipsita Paul, Under Secretary of the Department of Jammu, Kashmir, and Ladakh Affairs, sought dismissal of the petition with exemplary costs, calling it “politically motivated.”
It also affirmed that Jammu and Kashmir is governed by the Indian Constitution and Parliament’s laws, noting, “J&K no longer retains any special status, and all laws made by Parliament apply to the UT.”
The affidavit mentioned that the petition had become “academic” as the situation it anticipated had not materialized.
Under the challenged sections, the LG is authorized to nominate three members: two from Kashmiri migrants (including at least one woman) and one from persons displaced from Pakistan-occupied Kashmir (PoK).
The MHA justified the inclusion of Kashmiri migrants due to decades of unrest in various regions, which have caused widespread displacement. “The inability of displaced individuals to return home due to ongoing disturbances necessitates an alternative mechanism for their representation,” the affidavit stated.
It emphasized that these nominations ensure displaced communities’ voices are heard in the legislative process to protect their rights and interests.
The affidavit also noted the absence of any assembly representation for those displaced from PoK, underlining the need for this provision.
Ravinder Sharma, a former legislative council member and J&K Congress chief spokesperson, argued that these sections could potentially alter the balance of power—turning a minority government into a majority or vice versa. His petition sought a court directive preventing the LG from making such nominations, fearing it could undermine the public mandate.
The MHA dismissed these concerns as premature and noted that no such situation arose in the 2024 assembly elections.
Reacting on X (formerly Twitter), Mehbooba Mufti criticized the Centre’s affidavit, stating: “The Government of India’s decision to nominate five MLAs in J&K after elections blatantly undermines 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 afflicted by conflict, this move feels less like governance and more like control.”
Mufti added that following the “illegal bifurcation” of the former state, skewed delimitation, and discriminatory seat reservations, this nomination is yet another blow to democracy in Jammu and Kashmir.
“Representation must be earned through the people’s vote, not granted by central decree,” she asserted. “This cannot become the norm. I hope the Omar Abdullah government rises to the occasion and challenges this undemocratic precedent because silence now would be complicity later.”
