The Jammu and Kashmir Peoples Conference (JKPC) has expressed its concerns regarding the proposed Jammu and Kashmir Reorganisation (Amendment) Bill, which empowers the Lieutenant Governor (LG) to nominate members to the State Legislature without the aid and advice of Council of Ministers.
In a statement issued by PC spokesperson Adnan Mir, he said that while the party acknowledges the importance of providing representation to underrepresented sections of society in the State Legislature however we firmly believe that the nomination process should be carried out on the advice of the council of ministers to ensure fair representation and uphold democratic values in Jammu and Kashmir.
“In a Parliamentary democracy, it is fundamental that the President, Governor, or the LG acts on the aid and advice of the Council of Ministers. This principle extends to the nomination of members to the Lok Sabha or any State Legislature. The President, Governor, or the LG cannot exercise their prerogative without seeking the advice of the Council of Ministers. However, the Central Government’s proposed bill appears to equip the LG with the sole authority to nominate members to the State Legislature of J&K, bypassing the Constitutional requirement of seeking advice”, he said.
Mir further said that the PC believes that this nomination process could potentially have an unfair impact on the public mandate and undermine the democratic principles and people’s choices.
“By allowing selective nominations by the LG, the government could potentially alter the majority in the Legislature into a minority, thus subverting the democratic will of the people. This undemocratic tactic not only undermines the essence of our democratic structure but also poses a severe threat to the basic tenets of our Constitution”, he added.
Mir further stated that it is imperative for the Parliament to ensure that the power of the LG to nominate members is made subject to the aid and advice of the Council of Ministers. This step, he added, is vital to safeguard the democratic fabric of our nation and uphold the principles enshrined in our Constitution.
