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Who decides nominations to UT Assemblies

19 Aug 2025 GS 2 Polity

1. Constitutional and Statutory Background

  • The Constitution of India allows nominated members in certain legislatures:

    • Rajya Sabha: 12 nominated by the President on the advice of Union Council of Ministers.

    • State Legislative Councils: ~1/6th nominated by the Governor on advice of State Council of Ministers.

    • Lok Sabha & State Assemblies: Anglo-Indian nomination discontinued in 2020.

For Union Territories (UTs), their Assemblies are created by Acts of Parliament, which specify the rules of nomination.

2. Jammu & Kashmir

  • Governed by the Jammu & Kashmir Reorganisation Act, 2019 (as amended in 2023).

  • Section 14: Provides for 90 elected seats in the Legislative Assembly.

  • Sections 15, 15A, 15B: Empower the Lieutenant Governor (LG) to nominate five members —

    • 2 women,

    • 2 Kashmiri migrants,

    • 1 displaced person from Pakistan-occupied Kashmir.

  • Union Home Ministry’s stand (2025 affidavit): The LG can exercise this power independently, without aid and advice of the Council of Ministers.

  • Concern: Democratic principle suggests the LG should act with advice of the elected Council, to preserve accountability.

3. Puducherry

  • Governed by the Government of Union Territories Act, 1963.

  • Section 3: Puducherry Assembly = 30 elected members + up to 3 nominated members.

  • Who nominates?

    • Union Government nominates directly.

    • In K. Lakshminarayanan v. Union of India (2018), Madras HC suggested nominations should be clarified and ideally routed through the elected Council.

    • Supreme Court (appeal, 2019): Set aside these recommendations; upheld Union’s unilateral power to nominate.

  • Thus, in Puducherry, the Centre nominates members, not the local Council of Ministers.

4. Delhi

  • Governed by the Government of NCT of Delhi Act, 1991.

  • 70 elected MLAs, no nominated members.

5. Supreme Court’s ‘Triple Chain of Command’ (2023)

In Government of NCT of Delhi v. Union of India (2023), the Court described democratic accountability as a triple chain:

  1. Civil servants accountable to ministers.

  2. Ministers accountable to the legislature.

  3. Legislature accountable to the electorate.

  • The Court held that the LG is bound by aid and advice of the Council of Ministers, except in areas where the Assembly lacks legislative competence.

  • Though this case concerned Delhi services, the reasoning is relevant: for nominations too, LG’s role should ideally be not independent but guided by Council’s advice.

Insights

  • J&K: LG legally empowered to nominate 5 members, but democratic principles argue for acting on Council’s advice.

  • Puducherry: Centre directly nominates up to 3 MLAs; Court has upheld this.

  • Delhi: No nominated MLAs.

  • Principle from Supreme Court (2023): UT governance must respect democratic accountability through the triple chain of command.



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