Nominations to Union Territory Assemblies

In Union Territory Assemblies, nominated MLAs are appointed by the Centre or LG, unlike States where Governors act on ministerial advice. J&K allows 5 such nominees.

Nominations to Union Territory Assemblies

Syllabus: Governance (UPSC Prelims)
Source: The Hindu

Context:

The Union Home Ministry told the J&K and Ladakh High Court that the Lieutenant Governor (LG) can nominate five members to the Jammu & Kashmir Assembly without needing the aid and advice of the Council of Ministers.

What It Means

Nominations allow certain members to be appointed, not elected, to the legislature.
Such members often represent specific groups like migrants, women, or experts.

Constitutional Background

Parliament & States: Earlier, Anglo-Indians could be nominated (ended in 2020). Rajya Sabha still has 12 nominated members by the President. In State Legislative Councils, 1/6th are nominated by the Governor.
Union Territories: UTs are under Union control, so their Assemblies function through Parliamentary laws, not state-level constitutional provisions.

Nomination Rules in UTs

Jammu & Kashmir

Section 14, J&K Reorganisation Act, 2019 (amended 2023).
90 elected seats + LG may nominate 5 members:
- 2 women
- 2 Kashmiri migrants
- 1 displaced person from PoK.

Puducherry

Section 3, Government of UTs Act, 1963.
30 elected seats + 3 nominated members by the Centre.

Delhi

Section 3, GNCTD Act, 1991.
70 elected seats only → no nominated members.

Key Judicial Rulings

Puducherry Case (2018): Madras HC and later SC upheld Centre’s power to nominate MLAs without advice from the UT Government.
Delhi Case (2023): SC highlighted the “triple chain of command” (civil servants → ministers → legislature → electorate). LG must act on ministerial advice, except where legislature has no power.

How UT Nominations Differ from States

Authority: In States, Governors act on Council of Ministers’ advice; in UTs, the Centre or LG holds primacy.
Autonomy: States have constitutional powers, UT Assemblies derive authority from Parliamentary Acts.
Impact: In small UT Assemblies like Puducherry or J&K, nominated members can influence majorities, unlike in large State legislatures.
Judicial View: Courts have largely upheld the Centre’s dominance in UT nominations, restricting local governments’ say.