“Congress and NC Colluding to Undermine Constitution,” Says Ravinder Raina Following SC’s Dismissal of J&K LG’s Nomination Powers Plea
Jammu, 14-10-2024: Bharatiya Janata Party (BJP) leader Ravinder Raina expressed his approval of the Supreme Court’s decision on Monday to dismiss a petition challenging the Jammu and Kashmir Lieutenant Governor’s authority to nominate five Members of the Legislative Assembly (MLAs) to the region’s assembly. Raina alleged that the Congress Party and the National Conference (NC) are conspiring to undermine the Constitution in their opposition to this process.
Raina emphasized the constitutional validity of nominating five MLAs, which was established under the Jammu and Kashmir Reorganisation Bill when it was presented in Parliament. He stated, “There was a thorough debate and discussion regarding this provision, and after voting, the bill was passed into law. With the formation of a new government in Jammu and Kashmir, the nomination of these five MLAs is a natural part of the constitutional process. The authority granted to the Lieutenant Governor is in accordance with the Constitution, and the Congress and NC’s actions reflect a deliberate attempt to subvert it.”
Accusing the Congress Party of consistently disregarding constitutional norms, Raina further asserted, “They are once again trying to cheat the Constitution. The Supreme Court has delivered a strong rebuke to their efforts. The Congress and its allies should remain silent and refrain from committing this constitutional fraud.”
In contrast, Congress leader Ravinder Sharma stated that they have received permission from the Supreme Court to approach the Jammu and Kashmir High Court regarding their petition. He raised concerns about the legitimacy of the nominations, questioning whether the LG has the authority to do so without consulting the will of the Jammu and Kashmir electorate. “In Jammu and Kashmir, an assembly election has already taken place for 90 MLAs. The LG’s intention to nominate five additional MLAs raises serious questions about the democratic process,” Sharma contended. “This petition has been submitted to the Supreme Court, and we have the liberty to approach the Jammu and Kashmir High Court for further recourse.”
Earlier in the day, the Supreme Court declined to entertain the plea challenging the Lieutenant Governor’s nomination powers. Justices Sanjiv Khanna and P.V. Sanjay Kumar advised petitioner Ravinder Kumar Sharma to first seek recourse in the High Court of Jammu and Kashmir and Ladakh.
Senior advocate Abhishek Manu Singhvi, representing Sharma, argued that allowing nominations from an unelected LG could significantly undermine the outcome of electoral processes. Under the Jammu and Kashmir Reorganisation Act of 2019, and the subsequent amendment bill in 2023, the LG was granted expanded powers, including the ability to nominate five members to the assembly—specifically, two women, two migrants, and one individual from displaced persons in Pakistan-occupied Kashmir (PoK). These nominated members will hold the same powers and voting rights as other elected MLAs.
The proposal has faced backlash from the Congress, NC, and the People’s Democratic Party (PDP), who have labeled it an assault on democracy.
