Controversy has erupted ahead of the Jammu and Kashmir Assembly election results, over the nomination of five MLAs by the Lieutenant Governor (LG), with former Chief Minister and National Conference (NC) Vice President Omar Abdullah stating that they would have to figure out how to contest it "legally."
“I know they (BJP) have rigged the system to give themselves five free seats,’’ he told THE WEEK in an interview. “They have taken these seats in advance.” He said they would figure out how to contest it legally. “We should have done it earlier,’’ he said, “But for various reasons, I don’t know why didn’t.”
The dispute centres on the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 passed by the Lok Sabha on December 6. This bill authorises the LG to nominate five members to the Assembly: two women if women are under-represented, two from the Kashmiri migrant community (one of whom must be a woman), and one representing displaced persons from Pakistan-occupied Jammu and Kashmir (PoJK).
The amendments also extend to Article 239A of the Indian Constitution, which applies to the Union Territory of Puducherry and Jammu and Kashmir. This provision allows for a partly-nominated and partly-elected legislature, giving the nominated MLAs the same legislative powers as elected ones. With these nominations, the size of the Jammu and Kashmir Assembly will increase from 90 to 95 members, raising the majority threshold to form a government from 45 to 48.
Opposition parties, including the Congress and the NC, have accused the Bharatiya Janata Party of using these nominations to secure an unfair advantage in the assembly. Both Congress leader Ravinder Sharma and NC leader Rattan Lal Gupta have called the move undemocratic, arguing that the authority to nominate MLAs should rest with an elected government, not the LG.
As vote counting concludes on October 8, political parties are keeping a close eye on how these nominations will influence the formation of the next government in Jammu and Kashmir.