SRINAGAR: The Ministry of Home Affairs has informed the J&K High Court that the Lieutenant Governor can nominate five members to the J&K Assembly without the advice of the elected government (led by Omar Abdullah) in the Union Territory. Congress leader Ravindra Kumar Sharma, who filed the petition in the court, said they would file the rejoinder on August 14, when the case is scheduled for hearing. Meanwhile, the ruling National Conference (NC) and the opposition PDP slammed the MHA, saying the Government of India’s decision to nominate five MLAs after holding elections is a “blatant subversion of democratic principles.”In the affidavit filed by MHA in J&K High Court, it stated that the Lieutenant Governor can nominate five members to the J&K Assembly without “aid and advice” of the elected government in the Union Territory.”The nomination of five members to J&K Assembly was outside the realm of the business of the elected government of J&K. Once Parliament bylaw recognises Lieutenant Governor as a distinct authority from the government of Union Territory under Parliamentary enactment, it necessarily follows that when a power is conferred upon the Lieutenant-Governor, then the same must be exercised as a statutory function and not as an extension of his duties as the head of the UT Government. There can be no manner of doubt that it is the Lieutenant-Governor who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice,” the MHA reply read.
Source link
