New Delhi, 14-10-2024: The Supreme Court of India on Monday declined to entertain a petition challenging the Jammu and Kashmir Lieutenant Governor’s (LG) proposal to nominate five members to the Union Territory’s assembly. The bench, consisting of Justices Sanjiv Khanna and Sanjay Kumar, advised the petitioner to approach the jurisdictional high court instead.
The case centers on the amended Section 15 of the Jammu and Kashmir Reorganisation Act, 2019, which empowers the Lieutenant Governor to nominate five individuals to the assembly, including two women, two Kashmiri Pandits, and one resident from Pakistan-occupied Jammu and Kashmir (PoJK). The petition sought to challenge the constitutionality of this provision, arguing that it could potentially alter the balance of power in the assembly.
During the proceedings, senior advocate Dr. Abhishek Manu Singhvi, representing petitioner Ravinder Kumar Sharma, contended that the nominations could manipulate the assembly’s composition, undermining the mandate of the electorate. He argued, “If these nominations go beyond the fixed number, it can affect the majority. Suppose they increase these nominations from five to ten in the future; it would shift the balance of power and undermine the electoral outcome.”
Justice Khanna, however, noted that the power to nominate has not yet been exercised. Emphasizing the importance of following procedural channels, he suggested that the petitioner file a writ petition under Article 226 in the high court. “If they do act and the high court fails to provide relief, you may return here,” he stated, ensuring the petitioner had recourse.
Dr. Singhvi further requested that the court’s order include a provision allowing the petitioner to return if the high court delayed its decision, arguing that a lack of timely intervention could have adverse effects. Though this provision was not formally recorded in the order, Justice Khanna assured that such a situation should not arise.
This case unfolds as Jammu and Kashmir prepares for its first elected government in over a decade since the abrogation of Article 370 in 2019. In the recent assembly elections, the National Conference (NC) and Congress alliance secured 48 of the 90 seats, while the Bharatiya Janata Party (BJP) won 29 seats. The People’s Democratic Party (PDP) gained three seats, and the Aam Aadmi Party (AAP) secured one seat. The LG’s authority to nominate members is seen by some as a potentially influential factor in the final composition of the legislative assembly.