Who Decides Nominations to UT Assemblies?
Context
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Union Home Ministry affidavit before J&K & Ladakh High Court: LG of J&K can nominate 5 members to Legislative Assembly without aid/advice of Council of Ministers.
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Raises question of democratic accountability in Union Territories.
Constitutional Position
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Parliament & States:
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Lok Sabha & State Assemblies once had Anglo-Indian nominations → discontinued in 2020 (104th CAA).
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Rajya Sabha: 12 nominated by President (on advice of Union Council).
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Legislative Councils: ~1/6th nominated by Governor (on advice of State Council).
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Union Territories Assemblies
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Delhi – GNCTD Act, 1991:
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70 elected members.
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No nominated MLAs.
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Puducherry – Government of UTs Act, 1963:
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30 elected members.
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Union Govt may nominate up to 3 members.
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Jammu & Kashmir – J&K Reorganisation Act, 2019 (amended 2023):
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90 elected members.
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LG may nominate up to 5 members:
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2 women
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2 Kashmiri migrants
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1 displaced from PoK
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Court Rulings
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Puducherry case (2018, Madras HC – K. Lakshminarayanan v. Union of India):
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Upheld Union Govt’s power to nominate 3 MLAs, independent of UT Council’s advice.
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Suggested statutory clarity → later set aside by SC.
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Delhi Services Case (2023, SC – GNCTD v. Union of India):
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Introduced “Triple Chain of Command”:
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Civil servants → accountable to Ministers.
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Ministers → accountable to Legislature.
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Legislature → accountable to Electorate.
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LG bound by aid & advice of Council of Ministers, except in matters outside Assembly’s legislative powers.
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Principle of democratic accountability may apply to nominations too.
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Democratic Concerns
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Nominated MLAs can alter majority dynamics in small UT assemblies (J&K: 90, Puducherry: 30).
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Risks upsetting popular mandates if Centre & UT ruled by opposing parties.
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J&K: unique (was a State with special autonomy until 2019). Govt has promised restoration of statehood.
Way Forward
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Nomination of MLAs should be on advice of UT Council of Ministers, not unilateral by LG.
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Ensures democratic accountability & respects mandate of the people.
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Especially important for J&K given its political sensitivity.
Conclusion
While Parliament provides for nominated members in UT Assemblies, their appointment should align with democratic norms. The Supreme Court’s emphasis on accountability through the “triple chain of command” suggests that LGs ought to act on the aid and advice of elected Councils of Ministers. This balance is crucial in sensitive regions like J&K, where nominations could decisively impact representative government and public trust.
