PIL challenges LG’s power to nominate 5 J&K legislators

HC to hear petition on October 30 challenging provisions granting voting rights to 5 nominated Assembly members

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Kashmir Impulse Desk

Srinagar, Oct 20

The High Court of Jammu and Kashmir and Ladakh is scheduled to hear petitioners’ arguments on October 30 in a public interest litigation challenging provisions that allow the Lieutenant Governor to nominate five members to the Jammu and Kashmir Legislative Assembly.

The petition challenges provisions of the Jammu and Kashmir Reorganisation Act, 2019, which authorise the Lieutenant Governor to nominate five legislators in addition to the Assembly’s sanctioned strength, with voting rights.

Ravinder Sharma, chief spokesperson of the Jammu and Kashmir Pradesh Congress Committee and the lead petitioner, said the government could not proceed with the nominations while the matter remained pending before the court.

“As long as the matter is sub judice, the government cannot go ahead with the nominations,” Sharma said, adding that the issue had previously been raised before the court.

Speculation has grown that the government may take a decision on the nominations soon, although there has been no official announcement.

The petition argues that the provision could potentially allow a minority government to secure a majority through nominated members, raising questions about its compatibility with the Constitution’s basic structure.

The court is expected to hear the petitioners’ arguments on October 30. No final decision on the challenge has been reported.

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