Will the BJP try to stop the National Conference and Congress from coming to power in Jammu and Kashmir? Will the union government use the office of the Lieutenant -Governor to checkmate the opposition parties? At a time when the assembly election has been held after a long period of ten years, and the masses have pinned hopes on the forthcoming government to address their issues of unemployment, price rise and peace and tranquility in the state, any attempt to stop the parties with a maximum number of seats to stop from forming a government may be seen as playing a foul game with the people. It may be unjust because Jammu-Kashmir is a sensitive state and the feeling of alienation is still prevalent there.
L-G’s Right To Nominate Five Members
The Jammu and Kashmir Reorganisation Act, implemented in 2019, authorises the L-G to appoint two women to the legislative assembly if he thinks that the women are not adequately represented. Later on, in 2023, an amendment was approved allowing the L-G to appoint two persons, including a woman, from the migratory community and one from those displaced from Pakistan-occupied Kashmir.
Can L-G Impact Government Formation?
Experts question the right of the L-G to nominate these members as they will have rights equal to those who are directly elected from amongst the masses in an election. They also ask why the number of seats should be increased to 95 when 90 members are elected. With 95 members in the assembly, the simple majority mark is 48 and if the L-G has the right to nominate members, this may impact the character of the government and also who forms the government at a time when the election is considered to be closely contested.
Is It Against Spirit Of Constitution?
As the L-G is nominated by the president on the advice of the union government, and he nominates five members, it can be concluded that the union government will have five members in the house and thus the centre will have indirect interference in the governance of the state. This is against the spirit of the Constitution, which guarantees the rule by the majority of the people directly elected by the masses.
Jammu-Kashmir No More A State
However, some other experts argue that the Jammu and Kashmir Reorganisation Act was introduced after the state was declared a union territory and so the union has the right to interfere in the governance. They also point out that the union territory of Jammu and Kashmir is like Puducherry, it cannot be compared to states and so its rights would be limited.
When Can L-G Nominate Members?
The second question being asked is- when the L-G can nominate the five members. Can he nominate them just after the election and at the time when the house holds its first sitting, i.e. before the government is formed? Or he can nominate the members only after the government is formed?
The Jammu and Kashmir Reorganisation Act has no clear answer to this question, so, if the L-G nominates members of his choice and naturally according to the wish of the government, it cannot be challenged. In other words, the interference of the BJP government in the governance of Jammu and Kashmir cannot be ruled out even if it fails to form a government in the union territory.
Will Centre Conspire Against J&K?
But, the biggest question is if the BJP government will have remote control of the government in its hands and will not allow the alliance of the National Conference and the Congress to form a government in Jammu and Kashmir. In other words, will it dilute or sabotage the people’s verdict after the election, that has been held after ten years?
The abrogation of Article 370 was followed by strict and widespread lockdown, much to the chagrin and anger of the people. After the elections are held and the people have turned out in big numbers to cast their votes so that peace and tranquility return, will the centre conspire against them and deny them their rights by machinations?
