Srinagar- The National Conference on Friday raised strong objections against the nomination of five MLAs to the Jammu and Kashmir Assembly by the lieutenant governor, saying this move is “unconstitutional and undemocratic”.
The National Conference said such powers lie solely with an elected government and cannot be exercised by the lieutenant governor in the absence of an elected body.
“We have raised strong objections against the nomination of five MLAs to the Jammu and Kashmir Legislative Assembly by the LG. Any such move is unconstitutional and undemocratic,” Jammu and Kashmir National Conference provincial president Rattan Lal Gupta said here.
“The power to nominate five MLAs lies solely with an elected government. These powers cannot be exercised by the lieutenant governor (LG) in the absence of an elected body,” he added.
The National Conference leader said it is the prerogative of an elected government as per the Constitution to nominate the MLAs and not the lieutenant governor.
Gupta explained that all legislative powers, including the authority to nominate the MLAs, shift to the government after the elections.
“In a democratic set up, the elected government must have the authority to make these nominations. The LG, though part of the administration, does not have the constitutional right to take such decisions in the presence of an elected government,” he said.
Accusing the BJP of resorting to unethical practices, the National Conference leader said, “Having lost the assembly polls, the BJP has now turned to desperate measures, including indulging in horse-trading by approaching independent candidates.”
He further said this tactic reflects the BJP’s unwillingness to respect the democratic will of people and their attempts to manipulate the political landscape in their favour.
“Instead of accepting the mandate of the electorate, the BJP is actively working behind the scenes to sway independent representatives and subvert the electoral process,” Gupta said, adding such actions undermine the very foundation of democracy and erode public trust in fair governance.
He asserted the people of Jammu and Kashmir deserve a government that is chosen by their votes, not one cobbled together through questionable deals and backdoor alliances.
Gupta emphasized the National Conference remains committed to upholding the constitutional and democratic processes, and warned against any actions that undermine these principles in Jammu and Kashmir.
The lieutenant governor will nominate these members based on the advice of the Home Ministry. This process follows an amendment to the Jammu and Kashmir Reorganisation Act, 2019 which was further revised on July 26, 2023 to introduce these nominations.
In such a situation, the Jammu and Kashmir Assembly will expand to 95 members, increasing the majority threshold to 48 seats to form a government.
‘Disempowering New Govt’
National Conference vice president Omar Abdullah meanwhile asked bureaucrats in Jammu and Kashmir to resist any pressure to “further disempower” the incoming elected government.
“The BJP has clearly accepted defeat in J&K. Why else would the chief secretary be assigned the duty to change the transaction of business rules of the government to curtail the powers of the chief minister/elected government and assign the same to the LG?” Abdullah said in a post on X.
The former chief minister of the erstwhile state of J&K said he has received information internally from the civil secretariat about the LG administration’s move.
“Officers would be well advised to resist any pressure to further disempower the incoming elected government,” Abdullah added.
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