LG’s Nomination Powers in J&K Assembly Initiates Fresh Row Over Democracy and Centre’s Control

Last week, the Ministry of Home Affairs informed the Jammu & Kashmir High Court that the Lieutenant Governor (LG) of the region can nominate five members to the Jammu and Kashmir (J&K) Assembly without the “aid and advice” of the elected government in the Union Territory.These five members can serve as unelected representatives of the region without ever contesting elections, a provision introduced under the J&K Reorganisation Act passed in Parliament on 6 August, 2019. The nomination of five members to the Assembly will take the strength of the J&K Assembly from 90 to 95. The move is seen, yet again, as an attempt to make the regional political parties irrelevant and turn the J&K Legislative Assembly into a “rubber stamp” for policies designed in New Delhi. The political parties in Kashmir argue that by installing unelected members, the Bharatiya Janata Party (BJP) is creating a parallel structure within the legislature that can override or destabilise an elected government.The issue came to the forefront ahead of last year’s Assembly elections, following which there were widespread concerns that the LG would facilitate the BJP in forming a government in J&K for the first time on its own. However, regional party National Conference (NC) swept the polls with a massive mandate. It has now resurfaced again with the Ministry of Home Affairs' (MHA) affidavit in the court. These nominated members will enjoy full voting rights in the Assembly giving them the power to influence legislative decisions and potentially tilt scales in favour of the BJP whenever Rajya Sabha elections are held.The MHA, in its affidavit filed in J&K High Court by Deputy Solicitor General of India, Vishal Sharma, stated, “Sections 15, 15A, and 15B all recognise the power and authority of the Lieutenant Governor to make a nomination to the Legislative Assembly. Accordingly, there can be no manner of doubt that it is the Lieutenant Governor who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice".Section 15 of the Reorganisation Act empowers the LG to nominate two women to the Assembly if the former feels they are not adequately represented. Sections 15A and 15B confer upon the LG the authority to nominate two Kashmiri migrants and one Pakistan-occupied Jammu & Kashmir (PoJK) refugee, respectively.The power-sharing tussle between the LG and Omar Abdullah has stalled smooth governance in J&K from the very start of the current NC tenure.Ahead of last year's elections, the Transaction of Business Rules issued by the MHA on 12 July 2024 through an executive notification retained most powers in the hands of the LG, including over civil servants, the police, the Attorney-General, and prosecutorial services. As expected, the new rules triggered a standoff between the elected government and the LG-led administration.Although LG Manoj Sinha has repeatedly maintained that his administration works in coordination with the civilian government, the rift between him and Chief Minister Omar Abdullah over the administration of the region has only deepened since the latter assumed office.LG Sinha returned the Abdullah cabinet’s proposal for (a) allocation of portfolios to ministers and (b) establishing a mechanism to resolve any difference of opinion between the elected and centrally appointed administrations, with queries as to whether it was in accordance with the Jammu and Kashmir Reorganisation Act of 2019.On 3 April 2025, Abdullah shot off letters to the Union Home Minister Amit Shah and Chief Secretary Atal Dulloo over the transfer of 48 officials of the Jammu and Kashmir Administrative Service (JKAS) on 1 April, by LG Sinha.More Militancy, Less Autonomy: Kashmir is Worse Off 6 Yrs After Losing StatehoodPolitical pundits argue that the fresh notifications are yet another attempt to weaken the elected civilian government and extend more powers to the Centrally appointed LG. As per them, it takes away the basic principle of representative democracy, where power is meant to flow from the people.Former Kashmir interlocutor Radha Kumar said that the MHA move raises larger questions of Constitutional propriety across India. “Governors are supposed to act on the aid and advice of the elected administration, but they are increasingly taking adversarial positions versus elected administrations, especially in the Opposition-ruled states,” she told The Quint. Kumar further explained that one of the key reasons to challenge the Reorganisation Act and the orders issued under it was the provision allowing the LG to nominate five members to the Assembly. “First, because nominated seats are traditionally reserved for the Legislative Council (which the Act abolished), not the elected Assembly, and second, because it bypassed the authority of the elected administration,”Former Kashmir interlocutor Radha Kumar However, Ajai Sahni, a New Delhi-based expert on security and geopolitics, argued that the move is unlikely to have any immediate impact. Sahni noted that there could be a marginal impact on regional stability, for the simple reason that it makes the task of toppling a weak or unstable elected government easier. “In general terms, it certainly reflects the intent to disempower elected representatives in J&K. However, given the BJP’s current strength in the Assembly, an additional five seats are unlikely to bring them any closer to a majority", he said.He does feel, however, that in a future scenario, where the BJP may seek to split the Opposition and take over the government, five seats in hand would certainly make their task easier. “They will also give the BJP the option of ‘rewarding’ some loyalists, including those who sought to set up proxy parties in J&K on behalf of the ruling dispensation at the Centre.”Ajai Sahni, Geopolitical ExpertThe NC spokesperson, Ifra Jan, argued that in the early administrative set-up (before 5 August 2019), the CM had the power to nominate two women representatives to the Assembly. There was very little potential to change the majority government into minority and vice versa with those nominations. "However, in the new set-up, an unelected LG can nominate five unelected MLAs who have the potential to tilt the government anytime," she said.She adds that this effectively “hijacks” and “dilutes” the electoral system by placing unelected members in competition with the elected representatives and both have the powers to choose to CM and decide which Bill should pass in the Assembly or which shouldn’t. While the "seat grab" is not likely to have a big impact on ground any time soon, Sahni warns that the move will "add to the growing pool of public resentment against the BJP and the Centre.”Incidentally, the nomination of the five MLAs was already challenged by Congress leader Ravinder Sharma. On 14 August, the Jammu & Kashmir high court granted time to Sharma to file a rejoinder in the case.Sunil Sethi, BJP Chief Spokesperson of J&K, said that the MHA has only explained the position of law and that the issue was already in public domain when the J&K Reorganisation Act was amended and this provision enacted.“The dispute for Kashmir’s regional parties isn’t the nomination of five MLAs. Their concern is solely over who gets to nominate them...The LG doesn’t need the advice of the chief minister to nominate the MLAs. This is what MHA has clearly stated in its affidavit."Sunil Sethi, BJP Chief Spokesperson, J&KIn Kashmir, however, the recently introduced Jammu & Kashmir Reorganisation (Amendment) Bill, 2025 in Parliament proposing strict accountability measures for Ministers and CMs facing serious criminal charges has left many disconcerted. Coupled with the concentration of power in the hands of the LG, J&K leaders and critics of the BJP-led government in the Centre fear the provisions of the Bill could be used as a political tool to weaken regional leadership in the valley and tighten New Delhi’s control over the Union Territory.(Auqib Javeed is an independent journalist from Jammu and Kashmir reporting on politics and human rights. This is an opinion piece. The views expressed above are the author's own. The Quint neither endorses nor is responsible for the same.)Has My Book Been Banned in Kashmir for Promoting Peace?

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5 Unelected MLAs, Full Voting Powers: Can J&K Survive Fresh Centre Onslaught?

MHA tells J&K High Court LG can nominate 5 MLAs without elected govt’s advice, sparking a political storm.

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