Nominated Members in J&K Assembly

Context:

The Union Home Ministry has submitted before the J&K and Ladakh High Court that the Lieutenant Governor (LG) of J&K can nominate five members to the Legislative Assembly without the aid and advice of the Council of Ministers.

Constitutional & Statutory Provisions

The Indian Constitution provides for nominated members in Lok Sabha (earlier Anglo-Indians, discontinued in 2020), Rajya Sabha (12 nominated by President), and in Legislative Councils of States (1/6th nominated by Governors).
Section 14, J&K Reorganisation Act, 2019 (amended 2023) ? 90 elected seats in J&K Assembly.
Sections 15, 15A, 15B ? LG may nominate up to five members (2 women, 2 Kashmiri migrants, 1 displaced from PoK).

Judicial Standpoints

Lakshminarayanan vs Union of India (2018, Madras HC): Union Govt. can nominate MLAs to Puducherry without UT Council of Ministers’ advice. (SC later set aside recommendations for statutory clarity).
GNCTD vs Union of India (2023, SC): Laid down the principle of “triple chain of accountability” ? LG bound by aid & advice of Council of Ministers, except in reserved matters.

Federal & Democratic Concerns

Union Territories (UTs) with legislatures (Delhi, Puducherry, J&K) have elected governments accountable to people.
Political differences between Centre and UT governments may distort the democratic mandate if nominated MLAs alter Assembly majorities.
J&K is a sui generis case ? former State with special autonomy till 2019, now a UT with promise of statehood restoration.