Nomination row deepens in IIOJK Assembly, parties call it assault on democracy
Srinagar: A fresh political storm has erupted in Indian illegally occupied Jammu and Kashmir after the Indian Ministry of Home Affairs (MHA) told the High Court that the Lieutenant Governor (LG) holds exclusive powers to nominate five members to the so-called legislative assembly without the aid and advice of the elected government.
According to Kashmir Media Service, the affidavit was filed in response to a petition by Congress leader Ravinder Kumar Sharma and has triggered strong opposition across the political spectrum. Parties have described it as another disempowerment exercise aimed at weakening democratic representation in the Muslim-majority territory.
The MHA argued that nomination is a statutory function, not an executive one requiring ministerial advice, and claimed that the arrangement is similar to practices in Delhi and Puducherry, small union territory in India.
However, the petitioner, represented by senior advocate Dr. Abhishek Manu Singhvi, argued that such nominations can distort electoral outcomes. He maintained that allowing the unelected LG to bypass the elected council of ministers strikes at the root of parliamentary democracy.
The affidavit has drawn sharp criticism from political leaders in IIOJK. PDP chief Mehbooba Mufti termed it a blatant subversion of democratic principles, saying that nowhere else in India does New Delhi handpick legislators to override the public mandate. NC chief spokesman Tanvir Sadiq described it as contempt for people’s mandate and warned that bypassing an elected majority to let the LG handpick members sets a dangerous precedent. CPI-M leader M.Y. Tarigami also said the move was a clear attempt to undermine the democratic process.
The IIOJK High Court on August 14 granted time to Congress leader Ravinder Kumar Sharma to file a rejoinder to the Ministry of Home Affairs’ (MHA) affidavit concerning the LG’s power to appoint five members to the IIOJK Assembly without the elected government’s “aid and advice.”
The court formally set the next hearing for September 26, where Sharma’s rejoinder will be taken into account before moving to final arguments.
At present, the IIOJK Assembly has 90 elected members, but with five LG-nominated members, the strength would rise to 95. Opposition parties fear this could alter the balance of power, particularly in Rajya Sabha representation, where IIOJK elects four MPs. An NC-Congress alliance currently holds a majority, but with LG’s nominees, the BJP could potentially increase its tally from one to two seats.
Observers say the nomination row is part of a wider pattern following the 2019 abrogation of Article 370, skewed delimitation, and seat reservations—all designed to erode the region’s democratic framework and manage outcomes in favour of New Delhi.
Observers also linked the nomination controversy to parliamentary representation in the Rajya Sabha. They pointed out that IIOJK elects four members to the upper house, and the current NC–Congress alliance commands over 50 seats in the 90-member assembly, ensuring a comfortable majority. However, with the inclusion of five LG-nominated members—two women, two Kashmiri migrants (including one woman), and one displaced person from Azad Jammu and Kashmir—the BJP could potentially swing an additional Rajya Sabha seat, raising its tally from one to two. Since February 2021, IIOJK has had no Rajya Sabha members, making the nominations a crucial factor that could tilt the region’s parliamentary representation.
