Supreme Court Declines Plea on Jammu and Kashmir LG’s Power to Nominate MLAs
The Supreme Court of India has decided not to consider a plea that challenged the authority of the Lieutenant Governor (LG) of Jammu and Kashmir to nominate five Members of the Legislative Assembly (MLAs) to the Union Territory Assembly. The decision was made by a bench comprising Justices Sanjiv Khanna and PV Sanjay Kumar.
The petitioner, Ravinder Kumar Sharma, was advised to first take the matter to the High Court of Jammu and Kashmir and Ladakh. Senior advocate Abhishek Manu Singhvi, representing the petitioner, argued that allowing an unelected LG to nominate members could undermine the electoral process.
The Jammu and Kashmir Reorganisation Act, 2019, along with a 2023 amendment, grants the LG the power to nominate five members to the assembly. These include two women, two migrants (one of whom is a woman), and one member from displaced persons from Pakistan-occupied Kashmir. These nominated members will have the same rights and voting powers as elected MLAs.
Political parties such as the Congress, National Conference (NC), and the People’s Democratic Party (PDP) have expressed their opposition to this move, describing it as a threat to democracy.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions on legal issues and ensures that laws are followed correctly.
Lieutenant Governor -: A Lieutenant Governor (LG) is a person appointed by the President of India to govern a Union Territory. In Jammu and Kashmir, the LG has special powers, including nominating members to the assembly.
MLAs -: MLAs are Members of the Legislative Assembly. They are elected representatives who make laws and decisions for a state or Union Territory.
Jammu and Kashmir Reorganisation Act, 2019 -: This is a law passed in 2019 that changed the status of Jammu and Kashmir from a state to a Union Territory. It also split the region into two parts: Jammu & Kashmir and Ladakh.
Union Territory -: A Union Territory is a region in India that is directly governed by the Central Government, unlike states which have their own governments.
High Court -: A High Court is a major court in a state or Union Territory in India. It deals with important legal cases and issues within its region.
Congress, NC, PDP -: These are political parties in India. Congress is a national party, while NC (National Conference) and PDP (People’s Democratic Party) are regional parties in Jammu and Kashmir.
