A special division bench of the Jammu and Kashmir and Ladakh High Court will hear a plea challenging the Lieutenant Governor’s authority to nominate five members to the Legislative Assembly. The petition argues that this power should require the advice of the council of ministers, citing constitutional concerns.
Jammu: A special division bench of the Jammu and Kashmir and Ladakh High Court is set to hear a public interest litigation (PIL) next week, which challenges the authority vested in the Lieutenant Governor (LG) of Jammu and Kashmir to nominate five members to the Legislative Assembly of the Union Territory. This comes after the Supreme Court recently declined to entertain the plea and directed the petitioner to approach the High Court instead.
Chief Justice Tashi Rabstan, responding to a request for the early listing of the petition, has agreed to form a special division bench to address the issue. The bench is expected to hear the matter on Monday, according to petitioner Ravinder Sharma, a senior political figure and former member of the Jammu and Kashmir Legislative Council.
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The petition raises serious concerns regarding certain provisions of the Jammu and Kashmir Reorganisation Act, which grant the Lieutenant Governor the authority to nominate five MLAs. Sharma’s petition contends that this power must be exercised in consultation with the council of ministers. Failure to do so, the petition argues, would render these provisions unconstitutional, violating the basic structure and spirit of the Indian Constitution.
“The LG is supposed to seek the aid and advice of the council of ministers before making nominations,” said Sharma, emphasizing that the current provisions are in direct conflict with democratic principles. The petition essentially seeks to prevent unilateral nominations by the LG, asserting that such powers should not bypass the elected government or undermine the representative nature of the legislative process.
The urgency of the matter stems from the recent political developments in Jammu and Kashmir. In the most recent elections, the National Conference-Congress alliance secured a majority, winning 48 seats in the 90-member assembly. The addition of nominated members could potentially have significant implications for the composition and functioning of the assembly, making the outcome of this case particularly important for the political future of the Union Territory.
Ravinder Sharma, a senior vice president of the Pradesh Congress Committee, personally appeared in the court alongside his legal team, led by advocate D.K. Khajuria, to ensure the matter received prompt attention. The petition, if successful, could lead to a judicial review of the relevant provisions of the Jammu and Kashmir Reorganisation Act, potentially reshaping the governance framework of the region.
The Supreme Court’s direction to approach the High Court has brought the issue to the forefront of the legal and political landscape in Jammu and Kashmir. All eyes will now be on the special division bench, as the court’s ruling could have far-reaching implications for the balance of power between the Lieutenant Governor and the elected representatives of the region.
As the High Court prepares to hear this crucial petition, the case will serve as a significant test of the constitutional and legal principles governing the Union Territory’s legislative process. The decision could mark a key moment in the continuing debate over Jammu and Kashmir’s governance and its unique constitutional status within India.
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