Debate on nominations to UT Assemblies: LG's power versus Council of Ministers' advice
The Union Home Ministry has stated that the Lieutenant Governor (LG) of Jammu & Kashmir (J&K) can nominate five members to the Legislative Assembly without the aid and advice of the Council of Ministers. This raises questions about democratic accountability in Union Territories (UTs). While the Constitution provides for nominated members in Parliament and State legislatures (nominated by President/Governors on ministerial advice), the procedure for UTs is governed by specific Acts of Parliament. The Madras High Court previously upheld the Union government's power to nominate members to the Puducherry Assembly without ministerial advice, a ruling later set aside by the Supreme Court on recommendations. The Supreme Court's 'triple chain of command' concept from the NCT of Delhi case, which mandates LGs to act on ministerial advice in most matters, is relevant here, advocating for democratic principles in J&K's nominations.
Key Points
- The Union Home Ministry asserts that the J&K LG can nominate five assembly members without the Council of Ministers' advice.
- The Indian Constitution provides for nominated members in Parliament and State legislatures, where nominations are typically based on ministerial advice.
- For Union Territories, nominations are governed by specific Acts of Parliament, such as the Government of Union Territories Act, 1963.
- The Supreme Court's 'triple chain of command' concept emphasizes democratic accountability, suggesting LGs should act on ministerial advice in UTs with elected governments.
- The article advocates for nominations to the J&K Assembly to be made by the LG based on the advice of its Council of Ministers to uphold democratic principles.
Exam Facts
- J&K Reorganisation Act, 2019 (as amended in 2023) provides for up to five nominated members.
- Government of Union Territories Act, 1963 (for Puducherry).
- Case: K. Lakshminarayanan versus Union of India (2018) (Madras High Court).
- Case: Government of NCT of Delhi versus Union of India (2023) (Supreme Court on 'triple chain of command').
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.