Congress Opposes 'Move' To Nominate 5 MLAs Before Govt Formation In J&K

Jammu: The Congress on Friday strongly opposed the nomination of five MLAs before the government formation in Jammu and Kashmir, labelling any such move as an assault on democracy and the fundamental principles of the Constitution.

For the first time in J&K, five nominated Members of Legislative Assembly (MLAs) will have a significant role in forming the new government following a decade-long hiatus. The lieutenant governor (LG) will nominate these members based on the advice of the Home Ministry, according to reports.

This process follows an amendment to the Jammu and Kashmir Reorganisation Act, 2019, which was further revised on July 26, 2023 to introduce these nominations.

In that case, the J&K assembly will expand to 95 members, increasing the majority threshold to 48 seats to form a government.

"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 told reporters here.

Flanked by working president Raman Bhalla, he expressed disapproval and opposition to fight it tooth and nail.

They emphasised that such attempts highlight the BJP 's desperation to manipulate numbers, despite lacking the means to form the government.

"Under the constitutional framework, the lieutenant governor 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.

He said according to the Jammu and Kashmir Reorganization Act, the LG has the power to nominate five MLAs, including representation from Kashmiri Pandits (KPs) and Pakistan -occupied Jammu and Kashmir (PoJK) refugees.

"However, under the constitutional framework, he must act upon the aid and advice of the council of ministers. 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," he said.

He asserted that the Congress -NC alliance is expected to secure a comfortable majority and any premature nomination would be undemocratic and a betrayal of the people's vote.

Sharma emphasised that the nomination process should only begin after the new government takes office and recommends candidates for the positions. He also criticised the BJP for promising adequate representation in the assembly for PoJK refugees, KPs and other minorities but failing to deliver.

"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.

The Congress leaders strongly condemned the attempted attack on former deputy chief minister Tara Chand at his residence in Khour. They criticised the police for inaction despite the Election Commission's acknowledgment of Chand's complaint.

They raised concerns about the safety of candidates and the general public if such incidents go unchecked.