Will LG nominate 5 MLAs to J&K Assembly? How will it affect political landscape of UT?

National Conference (NC) and Congress alliance secured a stunning victory in the first Jammu and Kashmir Assembly elections since the abrogation of Article 370 in 2019. The alliance secured 49 out of 90 seats, with Omar Abdullah slated to be the next Chief Minister. However, the NC leader took a break from celebrations to warn the Centre against nomination of five MLAs in Jammu and Kashmir Assembly.

For the unversed, J&K Lieutenant Governor Manoj Sinha holds the authority to nominate five members to the Assembly. If the Lt Governor makes nominations, this will move the majority mark for government formation to 48 seats. Now, the questions to be answered are - Would it impact the NC-Congress government? Can L-G nominate members on his own? What would be Omar Abdullah government's next steps if Lt Governor practices his power?

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Here's all you need to know:

  • Will L-G nominate 5 MLAs to J&K Assembly?

In accordance with rules governing Jammu and Kashmir, Lieutenant Governor Manoj Sinha has the authority to nominate five members to the Legislative Assembly. The Assembly currently consists of 90 elected members, which would rise to 95 if these five nominees are from the BJP, as is speculated. This would shift the majority mark from 46 to 48.

However, this will not change the government.

NC leader Omar Abdullah has also warned the Centre and Lieutenant Governor not to do so, claiming that it would only create political turmoil and impact Centre's ties with J&K government. "I would suggest them to not do it. Nominating these five will not change the government, so what is the use of it? Independent candidates are talking to us, and they will join us, so our lead will go up," Abdullah said.

  • How will it affect political landscape of Jammu and Kashmir?

As mentioned, nominating five MLAs from BJP will not change the government. However, it will lower the NC-Congress lead to just one seat above majority mark. Meanwhile, the move will sure make the opposition a little strong. Notably, BJP won 29 seats in Assembly elections.

  • Can L-G nominate members on his own?

According to former Jammu and Kashmir Law Secretary Mohammad Ashraf Mir, the J&K Reorganisation Act states that "the L-G will act on the aid and advice of ministers in respect to matters where the state Legislature has the power to make laws. The rest is within his discretion.” Therefore, the matter of nomination is “not within the powers or competence of the elected Assembly”, which means that the Lt Governor had the discretion to nominate members to the Assembly.

  • What would be Omar Abdullah government's next steps?

Omar Abdullah has expressed strong reservations about L-G's potential move of nominating five BJP MLAs to the J&K Assembly. The NC leader has warned of a potential legal battle if the nominations proceed.

"We would have to approach the Supreme Court if the nominations proceed and appeal against it," Abdullah said. He also added that this move could damage J&K's relationship with the Centre at a time when cooperation is crucial. "There would be tensions in our relations with the Centre from the first day, a relation that we want to build," he added.

Abdullah has clearly stated that the nomination of BJP candidates without consultation would be viewed as an imposition. "Let the government be formed, let them give suggestions, and on that basis, the LG should nominate," he stated.

With inputs from agencies

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