Jammu Kashmir Election Result: The curious case of 5 nominated MLAs. Will they ‘shift’ balance of power?

Jammu Kashmir Election Result: As the counting time for Jammu and Kashmir assembly polls nears, the nomination of five Members of Legislative Assembly (MLAs) has raised concerns in political circles of the erstwhile state.

The potential role of these 5 nominated MLAs in forming the government in the Union Territory has sparked interest, especially after exit polls predicted a hung assembly in the elections held after a decade.

The Congress party has objected to the reported nomination of these MLAs before the government formation  after October 8 results.

5 nominated MLAs

These five MLAs, representing Kashmiri displaced persons and those from Pakistan-Occupied Jammu and Kashmir (POJK), will hold full legislative powers and privileges, just like elected representatives, as per media reports. The Congress party, which fought the election in alliance with the National Conference, has called any such move as an assault on democracy and the fundamental principles of the Constitution.

This nominated process is mentioned in the Jammu and Kashmir Reorganisation Act, 2019, which was further revised on July 26, 2023. If the MLAs are nominated, as is being reported, the J&K assembly strength will expand to 95 members, increasing the majority mark in the assembly for government formation to 48 seats. 

Congress raises objection

"We oppose the nomination of five MLAs by the lieutenant governor before the government formation in Jammu and Kashmir. Any such a move is an assault on democracy, the people's mandate, and the fundamental principles of the Constitution," Jammu and Kashmir Pradesh Congress Committee (JKPCC) senior vice president and chief spokesperson Ravinder Sharma said.

The Reorganisation Act specifies that the Lieutenant-Governor of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women “if in his opinion, women are not adequately represented in the Legislative Assembly”.

The 2023 Amendment 

In July 2023, an amendment was made to the Act that allowed for the nomination of three additional members to the Assembly – two from the Kashmiri migrant community and one member from the displaced persons from Pakistan-occupied Jammu and Kashmir. This takes the nominated members to five. 

The nominations are at the discretion of the L-G as per the Act, but whether these members will have voting rights and can participate in government formation, remains unclear.

In Jammu and Kashmir, the exit polls have predicted a hung House with an edge to the National Conference-Congress alliance which might fall short of 46-seat majority mark in the 90-members house.

Hung assembly predicted 

The India Today-C Voter has predicted 23-27 seats for the BJP in Jammu and Kashmir and 40-48 seats for the NC-Congress alliance. The PDP gets 6-12 seats and others 6-11 seats in J&K, according to India Today -C Voter exit poll.

In the scenario of exit poll numbers holding true, these five nominated MLA’s might as well play kingmakers and help the Bharatiya Janata Party (BJP) in government formation, the Congress party fears.

"Under the constitutional framework, the lieutenant governor before nominating the MLAs must act upon the aid and advice of the council of ministers. Misusing the provision of nomination to alter majority or minority status post-election would be detrimental," Sharma said adding that nominating MLAs before the formation of the government would be a misuse of this provision and could ‘unfairly shift the balance of power’ in the assembly.

Puducherry Assembly Model

Sharma illustrated the example of Sikkim's assembly model, where Buddhist monastic communities enjoy reserved seats. “We are questioning the BJP's logic in proposing only one seat for the PoJK community against an earlier commitment of eight seats," he said.

Jammu and Kashmir Assembly is modelled on the Puducherry Assembly where three nominated members function on par with elected MLAs and have voting rights.

(With PTI inputs)