Why in news?
The Union Home Ministry told the Jammu & Kashmir and Ladakh High Court in August 2025 that the Lieutenant Governor could nominate five members to the Jammu & Kashmir Legislative Assembly without consulting the Council of Ministers. This update reignited discussions about how nominations work in Union Territory legislatures.
What are nominated members?
In some legislatures certain seats are filled not by popular vote but through nomination. Nominees may represent women, displaced persons, minority communities or subject‑matter experts. In the past there were also nominated Anglo‑Indian members in state assemblies (a practice discontinued in 2020).
Legal basis for UT nominations
- Jammu & Kashmir: Section 14 of the J&K Reorganisation Act 2019 (amended 2023) provides for 90 elected seats and up to five nominated members — two women, two Kashmiri migrants and one person displaced from Pakistan‑occupied Kashmir. The Lieutenant Governor makes these nominations.
- Puducherry: Under Section 3 of the Government of Union Territories Act 1963, the central government may nominate up to three members to the 33‑member assembly.
- Delhi: The Government of National Capital Territory of Delhi Act 1991 provides for 70 elected members only, with no provision for nominated MLAs.
Judicial interpretations
- Puducherry case (2018): The Madras High Court and later the Supreme Court upheld the Centre’s power to nominate MLAs without the advice of the UT government.
- Delhi case (2023): The Supreme Court emphasised a “triple chain of accountability” — civil servants answer to ministers, who answer to the legislature, which answers to the electorate. It ruled that the Lieutenant Governor must act on the advice of the Council of Ministers except in matters where the Delhi Assembly lacks power.
How UT nominations differ from states
- Authority: In states, governors act on the advice of the elected council of ministers. In Union Territories, nominations often flow directly from the Union Government or the Lieutenant Governor.
- Autonomy: States have constitutional status; UT assemblies derive powers from Acts of Parliament, so Parliament can define nomination rules.
- Democratic balance: In small UT assemblies like Puducherry or J&K, nominated members can influence the balance of power more than in larger state legislatures.
- Judicial stance: Courts have largely upheld the Centre’s authority in UT nominations, limiting the role of local elected governments.