Most of the exit polls predicted that no party or alliance would get a clear majority in the Jammu and Kashmir Assembly elections 2024. However, they predicted that the Congress-National Conference (NC) alliance may have an advantage in the elections yet away from the majority number, but the Bharatiya Janata Party (BJP) remained hopeful of forming the government in the Union Territory (UT).
"We oppose the nomination of five MLAs by the Lieutenant Governor before the government formation in Jammu and Kashmir. Any such a move is an assault on democracy, the people's mandate, and the fundamental principles of the Constitution," Congress spokesperson Ravinder Sharma said.
Meanwhile, in a hung assembly scenario, five nominated MLAs may play a key role in forming a government in the UT that witnessed an assembly election after 10 years. These MLAs will be nominated by the Centre-appointed Lieutenant Governor (LG).
Jammu and Kashmir LG Manoj Sinha will nominate five MLAs before the commencement of the next session of the assembly. The newly-appointed MLAs will have similar power to other elected members of the House. They can vote during a floor test to prove a majority in the assembly, which became a major concern for the Opposition - NC-Congress and PDP.
Nominated MLAs may be a game-changer
The inclusion of five nominated MLAs will take the strength of the assembly to 95 and the majority mark to 48. If exit polls turn into reality - a hung assembly, the nominated MLAs may play the role of kingmaker.
BJP vs Opposition on LG's role
The opinion is divided on LG's power in such a scenario (hung assembly). NC and Congress are apprehensive about the LG's move if numbers shortfall to achieve a majority number. They claimed that the LG can exercise powers only on the advice of the chief minister. However, the BJP rejected the claim, saying the law is unambiguous about the nomination of representatives in the House and prerogative of the LG.
What law says about the nomination
Jammu and Kashmir Reorganisation Act, 2019 - revised on July 26, 2023 - gives power to the LG to nominate MLAs to the assembly. Section 15 of the Jammu and Kashmir Reorganisation Act, 2019 laid down guidelines on the nominee members for the House. The law works like the Puducherry model where nominated members enjoy rights of voting similar to that of elected MLAs.
No illegality in nominating MLAs without consulting the UT govt: SC
In 2017-18, Puducherry witnessed a political stir after then UT LG Kiran Bedi nominated two members to the assembly without consulting then Congress-led government. The matter reached the Madras High Court and later the Supreme Court. The apex court, after hearing arguments from both sides, concluded that there was no illegality in appointing MLAs without consulting the UT government.
Also read: Congress opposes move to nominate 5 MLAs before government formation in Jammu-Kashmir
