Indian Supreme Court Declines Plea Against Jammu and Kashmir LG’s Nominative Powers


New Delhi: The Supreme Court of India has rejected a plea challenging the authority of the Lieutenant Governor (LG) of Jammu and Kashmir to nominate members to the Legislative Assembly, aligning once again with the positions favorable to the BJP-led government.



According to Kashmir Media Service, the decision was rendered by a two-member bench consisting of Justices Sanjiv Khanna and Sanjay Kumar. The justices directed the petitioner, Ravinder Kumar Sharma, to seek resolution through the high court instead, indicating that petitions directly entertained by the Supreme Court may overlook critical aspects.



The bench opted not to engage with the petition under Article 32 of the Constitution, emphasizing that their refusal does not reflect any judgment on the merits of the case. Senior advocate Abhishek Singhvi, representing Sharma, argued that the LG’s power to nominate could undermine the democratic process, potentially skewing the electoral majority necessary for legislative decisions.



During the proceedings, Justice Khanna noted that the LG had not yet exercised this nominative power and recommended that the petitioner should initially approach the high court.



This ruling comes in the wake of recent elections where the National Conference-Congress alliance secured a majority with 48 seats in the 90-member assembly, closely followed by other parties totaling 42 seats. The court’s decision, therefore, carries significant implications for the governance of Jammu and Kashmir, particularly in how legislative majorities might be influenced by nominated members.

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