J&K High Court to hear plea challenging L-G’s power to nominate MLAs

The Jammu and Kashmir and Ladakh High Court is expected to hear the final arguments on Thursday in a public interest litigation (PIL) that challenges the authority of the Lieutenant Governor (LG) to nominate five members to the Union Territory’s Assembly. The case raises constitutional and legal questions regarding the provisions of the Jammu and Kashmir Reorganisation Act, which grants the LG this power.

A division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri had earlier directed both the petitioners and respondents to complete all necessary pleadings, including replies and counter-replies, by March 20. The court’s decision on the matter could have significant implications for the governance structure of Jammu and Kashmir.

The PIL argues that allowing the LG to nominate members undermines democratic principles and could lead to an imbalance in legislative representation. In response, the government has defended the provision, stating that it is in line with the constitutional framework governing Union Territories.

Recognizing the importance of the case, Chief Justice Tashi Rabstan had in October constituted a special division bench to exclusively hear this matter. The final ruling, once delivered, could potentially set a precedent for similar cases concerning the governance of Union Territories in India.