Why in News?
The Union Home Ministry states that the Lieutenant Governor of J&K can nominate up to five members to the Legislative Assembly (LA) without consulting the Council of Ministers.
- TheJ&K Reorganisation Act, 2019 (amended 2023) allows for 90 elected members and permits the LG to nominate 5 additional members.
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Did You Know?
- J&K, Delhi, and Puducherry are only UTs with elected legislatures; hence are represented in the RS.
- Delhi LA: No provision for nominated MLAs (Government of NCT of Delhi Act, 1991).
- Puducherry LA: Union govt allowed to nominate up to 3 members (Government of Union Territories Act, 1963).
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Nominated Members
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Constitutional Provisions
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Judicial Precedents
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- RS (Article 80): President can nominate 12 members with certain expertise. Nominated members can participate in debates, introduce bills, but cannot vote in presidential elections.
- State LCs (Article 171): Governor nominates 1/6th of members in State LCs on the advice of the Council of Ministers.
- Anglo-Indian Members (Article 331 - LS; Article 333 State LAs): Provisions were abolished by 104th Amendment (2020).
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- Puducherry Case (2018): The Madras HC upheld the Union govt's power to nominate MLAs to the Puducherry Assembly without the UT government's advice. The SC set aside this recommendation on appeal.
- Delhi Case (2023): The SC ruled that the LG must follow the Council of Ministers' advice, except on matters beyond the Delhi Assembly’s powers.
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