Controversy Over Nomination Powers in Jammu & Kashmir Assembly

A special division bench of the Jammu and Kashmir and Ladakh High Court will review a legal challenge regarding the J&K lieutenant governor's power to nominate five assembly members. Chief Justice Tashi Rabstan agreed to hear the plea after the Supreme Court directed it to the high court.

The Jammu and Kashmir and Ladakh High Court is set to examine a significant legal challenge regarding the powers of the J&K lieutenant governor. A special division bench, chaired by Chief Justice Tashi Rabstan, will convene next week to deliberate on a plea questioning the lieutenant governor's authority to nominate five members to the Union territory's Legislative Assembly.

The plea, filed by petitioner Ravinder Sharma, was redirected to the high court after the Supreme Court declined to entertain it on October 14. Sharma's counsel, D K Khajuria, sought an early hearing, prompting Chief Justice Rabstan to agree to the formation of a special division bench for this purpose.

The petition scrutinizes provisions of the J&K Reorganisation Act that empower the lieutenant governor to make these nominations. It argues that such nominations should be made with the council of ministers' advice, otherwise, they contravene constitutional principles, undermining democratic integrity. The case emerges amidst the backdrop of the National Conference-Congress alliance securing a majority in the J&K assembly elections.