High Court Reviews Lieutenant Governor’s Nomination Powers in Jammu and Kashmir


Srinagar: The High Court in occupied Jammu and Kashmir has initiated hearings on a petition that challenges the Lieutenant Governor’s power to nominate five members to the local Assembly, a pivotal issue following recent electoral outcomes in the region.



According to Kashmir Media Service, the court has set December 5 as the date for final arguments in this significant legal battle. The case was deliberated by Justices Sanjeev Kumar and Rajesh Sekhri for one and a half hours on Monday, highlighting its critical nature.



The challenge was brought forth by Ravinder Sharma, former legislative council member and senior vice president of the Pradesh Congress Committee, represented by attorney DK Khajuria. Solicitor General of India, Tushar Mehta, defended the Union government’s stance in court.



At the heart of the dispute is the Jammu and Kashmir Reorganisation Act’s provision allowing the Lieutenant Governor to nominate assembly members without consulting the council of ministers. Sharma argues that this procedure contradicts the foundational principles and structure of the Constitution.



The issue has drawn increased scrutiny amid the political shifts following the Jammu and Kashmir elections, where the National Conference-Congress alliance won a significant majority. This legal contest follows the Supreme Court’s October 14 decision to redirect the matter to the high court, leading to the formation of a special division bench by Chief Justice Tashi Rabstan to address these concerns comprehensively.

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