In Jammu and Kashmir, 5 MLAs will be nominated immediately after the results of the assembly elections on October 8. On the orders of the Home Ministry, Lieutenant Governor of Jammu and Kashmir Manoj Sinha will nominate 5 people for the assembly. In this way, the total number of MLAs will become 95 and the majority figure will increase to 48.
In fact, after the removal of 370, under the Jammu and Kashmir Reorganization Act 2019, the LG can nominate 5 MLAs in the Assembly. This rule was brought for the representation of women, Kashmiri Pandits and PoK. It was amended in July 2023.
These nominated MLAs will get all legislative powers and privileges along with the right to vote in the assembly. 5 out of 10 exit poll results show Congress-NC forming government in Jammu and Kashmir. Hung assembly is predicted in 5. In such a situation, National Conference and Congress have expressed apprehension that these MLAs may support BJP.
Congress said – this is an attack on the mandate of the people. Jammu and Kashmir Congress Vice President Ravinder Sharma said that we oppose the nomination of 5 MLAs by the LG before the formation of the government. Any such step is an attack on democracy, the mandate of the common people and the Constitution. Earlier it was said that 8 representatives could be considered for nomination from PoK. Then why was their number reduced to 1.
Under the constitutional framework, the Lieutenant Governor must consult the Council of Ministers before nominating MLAs. It would be harmful to misuse the nomination provision to change the majority or minority situation after the election. The nomination process should begin only after the new government takes charge and recommends candidates for nominated posts.
BJP said- everything is happening as per the rules BJP leader and former Deputy Chief Minister Kavinder Gupta has said that the nomination of these members is being done as per the rules. LG has full right to nominate them. He will follow the rules completely.
Jammu and Kashmir Reorganization Act passed on 5 August 2019 Jammu and Kashmir Reorganization Act (2019) was passed in the Parliament on 5 August 2019. In this, Jammu and Kashmir was divided into two parts and made a union territory. First- Jammu and Kashmir and second- Ladakh. This act also repealed Article 370, which gave special status to Jammu and Kashmir.
Jammu and Kashmir has been under the rule of the central government since June 2018. On August 28, 2019, the Home Ministry notified the rules of administration in Jammu and Kashmir, which clearly explained the functioning of the Lieutenant Governor and the Council of Ministers. There was also a provision to nominate some MLAs in this.
