Nomination of MLAs in Jammu Kashmir Assembly

Nomination of MLAs in J&K assembly: Background

• The Jammu and Kashmir Reorganisation Act, 2019 specified that the Lieutenant Governor may nominate two members to the Legislative Assembly to give representation to women if in his opinion, they are not adequately represented.
• In 2023, the Act was amended to increase the number of nominated members to 5. The three additional members were:
  • 2 members from the Kashmiri migrant community (one of whom must be a woman).
  • 1 member representing displaced persons from Pakistan-occupied Kashmir (POK).

Voting Rights and Precedent

• The Act leaves discretion to the L-G regarding these nominations but does not specify their voting rights or their role in government formation.
• However, the J&K UT Assembly is modelled after the Puducherry Assembly, where nominated members enjoy the same rights as elected MLAs, including voting rights.
• No state assembly in India allows for MLA nominations; this provision applies only to the Union Territories of Puducherry and J&K.

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