Supreme Court hits back at Congress, refuses to intervene on issue of LG's power to nominate 5 MLAs in J&K assembly
October 1, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Politics

Supreme Court hits back at Congress, refuses to intervene on issue of LG’s power to nominate 5 MLAs in J&K assembly

Sant Kumar SharmaSant Kumar Sharma
Oct 14, 2024, 10:41 pm IST
inPolitics, Bharat, Jammu and Kashmir
Follow on Google News
Facebook
Twitter
WhatsAppTelegramEmail

NEW DELHI: The Supreme Court has refused to entertain a petition to examine the powers of Lieutenant Governor Manoj Sinha to nominate five MLAs to the Legislative Assembly of Jammu & Kashmir. The petition was filed by Congress leader Ravinder Sharma through senior counsel Abhishek Manu Singhvi. While dismissing the petition on Monday, a Double Bench of Justices Sanjeev Khanna and Justice Sanjay Kumar gave the petition liberty to approach the Jammu, Kashmir and Ladakh High Court.

“We are not inclined to entertain this petition under Article 32 of the Constitution (writ jurisdiction). We leave the petitioner with liberty to move the jurisdictional high court under Article 226 (writ),” the court said in its brief order. Dr Singhvi argued before the Bench that these powers given to LG could prove frustrating in close contest situations.

“Suppose I have a strength of 48 in the 90-member assembly. That’s three above the majority mark. If the LG nominates five MLAs, the other side can become 47 and it boils down to just one member. You can completely frustrate the electoral mandate by using this power… what if they decided to raise the nomination from five to 10 in the future,” Singhvi tried to reason with the Bench.

The judges repelled his argument saying they (read the Centre) must have given reasons why these powers are there. Let the high court examine that and go into the validity of the whole process, the Bench said. As to Singhvi’s argument that the number of nominated MLAs may be raised to 10 by the respondents, the judges said this has not been done.

It bears mention here that the powers given to LG Sinha to nominate five MLAs are based on a law that was passed by the Congress in 1963. At that time, the creation of a legislature for a Union Territory (UT) was the issue being debated and the UT was Puducherry (called Pondicherry ruled by France once). Initially, a wholly nominated legislature was proposed by then Union Home Minister Lal Bahadur Shastri.

After some parliamentarians objected to a wholly nominated legislature, a mixed Legislative Assembly composed of elected and nominated MLAs was proposed. Under Article 239A, a legislature comprising of 30 elected and three nominated MLAs was then created for Puducherry. Even today, the Puducherry legislature has the same composition and the number of nominated MLAs is 10% of their elected counterparts. It can be mentioned here that going by that logic, the number of nominated MLAs can thus be nine if the Centre so decides, by just following a settled precedent.

The petition filed by Ravinder Sharma was mainly targeted at Sections 15, 15A and 15B of the J&K Reorganisation Act, 2019, from which the LG derives these powers to nominate MLAs. The argument of the petitioner was that the nominations can alter the potentially defeat the electoral verdict by tilting the scales in favour of a particular party, or coalition. In fact, in some states too, the practice of nominated MLAs is prevalent and there were two women legislators who were nominated in J&K earlier.

The difference being that in a state, the nomination of MLAs is in the hands of the elected government. Besides, these nominated MLAs do not have voting rights counted while forming a government or in case of a no confidence motion against it. In 2018, the Supreme Court had clarified that the nominated MLAs of a Union Territory have the same rights as their elected counterparts. The reason given by the apex court was that Article 239A of the Constitution does not draw any distinction between nominated and elected MLAs.

Topics: Supreme CourtLG Manoj SinhaCongress leader Ravinder SharmaJ&K AssemblyNominated MLAs
Share3
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Kerala Assembly opposes Waqf Amendment Bill 2024 as Waqf Board claims land from 400 Christian, 200 Hindu families

Next News

India emerges as major supplier of restricted technologies to Russia, raises concern among US, EU 

Related News

Supreme Court allows UPI Merchant Discount Rate framework to proceed; Urges govt to explain legal basis of the policy

AI-generated Image

Bar social media firms from adding minors, frame statutory rules: Supreme Court tells government

SC has overturned the Bombay High Court’s decision granting default bail to an accused in a PFI-linked UAPA case

PFI-linked UAPA case: Supreme Court overturns default bail, directs accused to surrender

Left: Danam Nagender as a winning BRS MLA; Centre: Rahul Gandhi and Revanth Reddy; Right: Danam Nagender.

BJP Telangana welcomes SC verdict on MLA Danam’s disqualification; calls Rahul Gandhi’s ‘Samvidhan Bachao’ a fake drama

SIR Spares None: Jaishankar, Judges & Elites Flagged — Delhi’s Voter Blitz Crushes ‘Targeting Poor & Muslims’ Narrative

SIR Spares None: Jaishankar, Judges & Elites Flagged — Delhi’s Voter Blitz Crushes ‘Targeting Poor & Muslims’ Narrative

Tamil Nadu: SC gives TVK government 3 months to identify land for Navodaya schools, asks reconsider position on Hindi

Load More

Latest News

Passengers recount the moments of panic, intervention and survival that unfolded during the flight

“Allahu Akbar” heard aboard Flydubai flight to Israel; Passenger accounts fuel global media reports of hijacking scare

Rs 92 Lakh Worth of 19,000 Illegal Abortion Kits Seized in Indore ahead of Navratri!

Over 92 lakh worth medical abortion kits seized in Indore ahead of navratri, probe into supply chain underway

Madhya Pradesh’s Heritage Gets Global Push as Four Sites Enter UNESCO Tentative List

From Bagh to Udayagiri: Four Madhya Pradesh heritage sites knock on UNESCO’s door

Representative Image

From Waste to Resource: How five Indian initiatives are giving plastic a second life

AI Generated Representative Image

India’s Strategic Fort for Siliguri: Underground military, rail & highway web—7 layered security amid external shocks

International Day of Older Persons

Rethink as older population nears 2.1 billion by 2050: UN chief on International Day of Older Persons

Modi Speaks to Trump: Trade Deal, Defence, Energy and Global Security Discussed

PM Modi, President Trump Phone Call: Trade, defence, energy and critical technology take centre stage

ED questions delay in registering a case against former CM Pinarayi Vijayan over CMRL payments to Veena Vijayan

Keralam: ED questions delay in registering a case against former CM Pinarayi over CMRL payments to Veena Vijayan

Supreme Court allows UPI Merchant Discount Rate framework to proceed; Urges govt to explain legal basis of the policy

Representative Image

Students Are Not Customers: The psychological cost of over-caring campuses

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies