As the results for the Jammu and Kashmir Assembly elections are set to be declared on October 8, the Congress party has fiercely opposed the nomination of five assembly members before a new government is formed.
Congress Decries Move as Unconstitutional
Congress leaders have strongly criticised this move, labeling it as a breach of democratic values and a violation of the Constitution. The party has urged Lieutenant Governor Manoj Sinha not to approve these nominations before the election results are final. Ravinder Sharma, Senior Vice President of the Jammu and Kashmir Pradesh Congress Committee (JKPCC), remarked, “We oppose the nomination of five MLAs by the lieutenant governor prior to government formation. It undermines democracy, the people's mandate, and the foundational principles of the Constitution."
Expansion of Assembly under the Reorganisation Act
These nominations stem from amendments made to the Jammu and Kashmir Reorganisation Act, 2019. A recent change on July 26, 2023, allows for the nomination of five members, increasing the assembly size to 95 and raising the majority threshold to 48 seats.
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Allegations of BJP’s Attempt to Manipulate Elections
Sharma has vowed that Congress will resist this action forcefully, accusing the ruling BJP of using these nominations to influence election outcomes. He claimed that the BJP is trying to skew the results, despite lacking the numbers to form a government. "This highlights the BJP’s desperation to manipulate numbers even though they don’t have the majority," Sharma added.
Misuse of Powers and Constitutional Concerns
Under the Reorganisation Act, the lieutenant governor has the power to nominate five members to represent groups like Kashmiri Pandits (KPs) and refugees from Pakistan-occupied Jammu and Kashmir (PoJK). However, Congress argues that such nominations should be made only after the government is in place, and based on advice from the elected council of ministers. Sharma called premature nominations an attempt to alter the majority status, which would violate democratic norms.
Criticism of BJP’s Unmet Promises to Minorities
Sharma also pointed out that the BJP has failed to deliver on its earlier promises to ensure fair representation for PoJK refugees, KPs, and other minorities. He noted that the BJP is now proposing only one seat for the PoJK community, far short of their earlier promise of eight. Sharma referred to the Sikkim assembly’s reservation for Buddhist monastic communities as a more equitable model for minority representation.
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