Why in the News?
The Union Ministry of Home Affairs (MHA) informed the J&K High Court that the Lieutenant-Governor (L-G) can nominate five members to the J&K Legislative Assembly without the aid and advice of the elected government.
About Nominations in State Assemblies:
- Election Mode: Members are mainly directly elected from single-member constituencies.
- Assembly Size: Ranges from 60–500 members; smaller States/UTs like Sikkim, Goa, Mizoram, and Puducherry have fewer by parliamentary approval.
- Anglo-Indian Nomination (Abolished): Governors earlier nominated 1 Anglo-Indian member if under-represented; abolished by 104th Constitutional Amendment Act, 2019 (effective Jan 2020).
- Rights of Nominated Members: Same rights/duties as elected members, except in matters needing a direct electoral mandate.
- Prevalence: Most States have no nominated members; allowed only under special constitutional/legal provisions.
- Parliamentary Nomination Abolition: Anglo-Indian nomination in Lok Sabha (2) and State Assemblies (1) also removed by the 104th Amendment.
- Legislative Council Difference: In Vidhan Parishads, Governors nominate 1/6th members from literature, science, art, co-operatives, and social service.
Exceptions for Jammu & Kashmir:
- Special Provision: Under J&K Reorganisation Act, 2019 (amended 2023), the Lieutenant-Governor can nominate:
- Women: 2 women if under-represented.
- Migrants: 2 Kashmiri migrants (including 1 woman).
- PoJK Community: 1 member from Pakistan-occupied J&K community.
- Seat Structure: Nominated members are in addition to elected members; Assembly = 114 elected + nominated (24 PoJK seats vacant).
Legal Basis in J&K:
- Statutory Provision: Sections 15, 15A, 15B of J&K Reorganisation Act, 2019 (amended 2023) grant L-G nomination powers.
- MHA Clarification:
- Nature of Power: Statutory function at L-G’s discretion, without elected government’s aid/advice.
- Precedent: Similar powers under Union Territories Act, 1963 (e.g., Puducherry).
- Counting Rule: Nominated members are part of sanctioned Assembly strength.
- Purpose: To ensure representation for displaced communities, marginalized groups, and women.
| [UPSC 2023] Consider the following statements in respect of election to the President of India:
1. The members nominated to either House of the Parliament or the Legislative Assemblies of States are also eligible to be included in the Electoral College. 2. Higher the number of elective Assembly seats, higher is the value of vote of each MLA of that State. 3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala. 4. The value of of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh. How many of the above statements are correct? Options: (a) Only one* (b) Only two (c) Only three (d) All four |
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