Nominations to Union Territory Assemblies

Source: The Hindu

Context: The Union Home Ministry recently informed the J&K and Ladakh High Court that the Lieutenant Governor (LG) can nominate five members to the Jammu & Kashmir Legislative Assembly without requiring the aid and advice of the Council of Ministers.

About Nominations to Union Territory (UT) Assemblies

What it is?

• Nomination to UT Assemblies refers to the constitutional and statutory provisions by which certain members are appointed, not elected, to serve in the legislature. These members usually represent specific communities, migrants, women, or expert domains.

• These members usually represent specific communities, migrants, women, or expert domains.

Constitutional Context

• Parliament & States: The Constitution earlier allowed Anglo-Indian nominations (discontinued in 2020). Rajya Sabha has 12 nominated members by the President. State Legislative Councils allow 1/6th nominated members by the Governor.

• Union Territories: As UTs are directly administered by the Union, their Assemblies are governed by Parliamentary statutes rather than constitutional provisions applicable to States.

Nomination Procedure

• Jammu & Kashmir: Under Section 14, J&K Reorganisation Act, 2019 (amended 2023): 90 elected seats. LG may nominate up to five members — two women, two Kashmiri migrants, and one displaced person from PoK.

• Under Section 14, J&K Reorganisation Act, 2019 (amended 2023): 90 elected seats. LG may nominate up to five members — two women, two Kashmiri migrants, and one displaced person from PoK.

• 90 elected seats.

• LG may nominate up to five members — two women, two Kashmiri migrants, and one displaced person from PoK.

• Puducherry: Under Section 3, Government of Union Territories Act, 1963: 30 elected members. Central Government may nominate up to three members.

• Under Section 3, Government of Union Territories Act, 1963: 30 elected members. Central Government may nominate up to three members.

• 30 elected members.

• Central Government may nominate up to three members.

• Delhi: Under Section 3, GNCTD Act, 1991: 70 elected members only. No provision for nominated MLAs.

• Under Section 3, GNCTD Act, 1991: 70 elected members only. No provision for nominated MLAs.

• 70 elected members only.

• No provision for nominated MLAs.

Judicial Interpretation

• Puducherry Case (K. Lakshminarayanan, 2018): Madras High Court upheld Centre’s power to nominate MLAs; no need for UT Government’s advice. Supreme Court later upheld this.

• Delhi Case (NCT of Delhi v. Union, 2023): SC articulated the “triple chain of command”—civil servants → ministers → legislature → electorate; emphasised LG must act on the aid and advice of Council of Ministers, except where legislature lacks power.

How UT Nominations Differ from States

• Authority: In States, Governors act on the advice of the elected Council of Ministers. In UTs, nominations often flow directly from the Union Government or LG.

• Autonomy: States enjoy constitutional status; UT Assemblies derive powers from Acts of Parliament.

• Democratic Balance: In smaller UT Assemblies like Puducherry or J&K, nominated members may tilt legislative majority — unlike in larger State legislatures.

• Judicial Stance: Courts have upheld the Centre’s primacy in UT nominations, limiting the role of local elected governments.