Jammu & Kashmir Election: Don’t nominate 5 MLAs for now, would lead to tensions with Centre, says Omar Abdullah

National Conference (NC) vice president and the would-be chief minster of Jammu and Kashmir has suggested the Lieutenant Governor against the nomination of 5 MLAs to the Legislative Assembly of the Union Territory. Nominating these MLAs without keeping the elected government on board would lead tensions in the local government's relations with Centre, Abdullah said.

“I would suggest them to not do it (nominate from BJP). Nominating these 5 won't change the government, so what is the use of it? You would unnecessarily nominate 5 people to sit in Opposition,” Omar was quoted as saying to news agency ANI on Wednesday, a day after his party-led alliance won the Jammu and Kashmir assembly elections by winning 49 seats in the 90-member house.

This nominated process of the 5 additional MLAs is mentioned in the Jammu and Kashmir Reorganisation Act, 2019, which was further revised on July 26, 2023. If the MLAs are nominated, as is being reported, the J&K assembly strength will expand to 95 members, increasing the majority mark in the assembly for government formation to 48 seats.

But, since the NC-Congress has scored a comfortable majority, these MLAs wont shift power dynamics as was been anticipated.

“There would be a fight as we would then have to approach the Supreme Court and appeal against it. There would be tensions in our relations with Centre from the first day, a relation that we want to build. Let the Government be formed, let them give suggestions and on that basis, LG should nominate...These 5 MLAs won't make a change. Independent candidates are talking to us, they will join us so our lead would go up,” Omar said.

Reorganisation Act

The Reorganisation Act specifies that the Lieutenant-Governor of Jammu and Kashmir may nominate two members to the Legislative Assembly to give representation to women “if in his opinion, women are not adequately represented in the Legislative Assembly”.

In July 2023, an amendment was made to the Act that allowed for the nomination of three additional members to the Assembly – two from the Kashmiri migrant community and one member from the displaced persons from Pakistan-occupied Jammu and Kashmir. This takes the nominated members to five.

The nominations are at the discretion of the L-G as per the Act, but whether these members will have voting rights and can participate in government formation, remains unclear.