NEW DELHI, OCT 14: The Supreme Court on Monday refused to entertain a petition challenging the Jammu and Kashmir Lieutenant Governor’s authority to nominate five members to the Union Territory’s legislative assembly. The apex court directed the petitioner to approach the jurisdictional high court instead.
The petition was filed against the proposal made under the amended Section 15 of the Jammu and Kashmir Reorganisation Act, 2019, which allows the Lieutenant Governor to nominate five members to the assembly—two women, two Kashmiri Pandits, and one resident of Pakistan-occupied Jammu and Kashmir (PoJK).
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar, while hearing the case, stated, “We are not inclined to entertain the present petition under Article 32 of the Constitution of India and give liberty to the petitioner to approach the jurisdictional high court by way of a writ petition under Article 226 of the Constitution of India. We clarify that we have not expressed any opinion on merits.”
During the hearing, senior advocate Dr. Abhishek Manu Singhvi, representing the petitioner Ravinder Kumar Sharma, raised concerns about the potential impact of these nominations on the elected mandate. Singhvi argued that the central government’s power to nominate could shift the balance in the assembly, stating, “When you have this system of nominating beyond 90, 48 is my alliance, which is three above the majority. If you nominate five, you become 47, and I become 48. This can negate the elected mandate.”
Justice Khanna, however, pointed out that the power to nominate had not yet been exercised and suggested the petitioner approach the high court first. “If they do something, if the High Court does not give you stay, you can move over here,” he added.
Singhvi requested the court to include a provision in the order allowing the petitioner to return to the Supreme Court if there is a delay in the high court’s decision. Though this was not recorded in the order, Justice Khanna assured that such a situation should not arise.
The case comes as Jammu and Kashmir prepares for its first elected government in 10 years, following the abrogation of Article 370 in 2019. In the recently concluded assembly election, the National Conference and Congress alliance secured 48 seats, the BJP won 29 seats, the PDP claimed three seats, and the Aam Aadmi Party (AAP) won one seat in the 90-member assembly.
