For the first time in Jammu and Kashmir's political history, five nominated members are set to play a significant role in the formation of the new government. This development has sparked widespread controversy and sharp criticism, particularly from the Congress, which has accused the ruling Bharatiya Janata Party (BJP) of attempting to manipulate the results of the upcoming assembly elections. With the election results expected on October 8, the Congress has raised strong objections to the nomination of these members before the government is officially formed, calling it an assault on democratic principles and the Constitution.
Senior Congress leader and Jammu and Kashmir Pradesh Congress Committee (JKPCC) Vice President Ravinder Sharma led the charge against the move, describing it as a blatant attempt by the BJP to rig the outcome of the elections in its favor. Sharma stated that the decision to nominate members before the formation of the new government is an attack on democracy itself, undermining the people’s mandate and the sanctity of the electoral process. He called on Lieutenant Governor Manoj Sinha to refrain from approving the nominations, insisting that such a decision should only be made once the new government is in place, in line with the will of the people.
The controversy arises from amendments made to the Jammu and Kashmir Reorganisation Act, 2019, which allow the Lieutenant Governor to nominate five members to the legislative assembly. These changes, finalized in July 2023, expanded the assembly's total strength to 95 members and increased the majority threshold to 48 seats. The nominations, based on recommendations from the Home Ministry, are intended to include representation for marginalized groups, such as Kashmiri Pandits (KPs) and refugees from Pakistan-occupied Jammu and Kashmir (PoJK). However, Congress contends that these nominations should only occur after a newly elected government takes office, fearing that the BJP could use this process to tilt the balance of power in its favor.
Ravinder Sharma emphasized that the Congress will oppose this move "tooth and nail," warning that any attempt to alter the composition of the assembly before the people's representatives are chosen would amount to a betrayal of the democratic process. He framed the issue as a matter of grave concern, arguing that the BJP’s move reflects desperation on the party’s part to manipulate the election outcome, as it is unlikely to secure a majority on its own.
Sharma further criticized the BJP for its broken promises regarding the representation for PoJK refugees and Kashmiri Pandits, highlighting the disparity between the BJP’s pre-election commitments and its current actions. He noted that the BJP had initially promised eight assembly seats for the PoJK refugee community but has now proposed only one, a move that has sparked discontent among the community. Sharma also pointed to the Sikkim assembly’s reserved seats for Buddhist monastic communities as a model for ensuring fair minority representation, contrasting it with the BJP's inconsistent approach in Jammu and Kashmir.
Adding to the complexity, Sharma asserted that the Lieutenant Governor should act only on the advice of a council of ministers, which would be formed after the elections, and that using the nomination process to alter the assembly’s balance of power before then would be both unconstitutional and undemocratic. He warned that the BJP's actions could have long-term implications for the credibility of Jammu and Kashmir’s political system and vowed that Congress would continue to fight against any such attempts to undermine the electoral process.
This unprecedented situation has generated significant political tension, as it marks a critical test for Jammu and Kashmir’s democratic institutions following the region’s reorganization in 2019. Congress leaders have expressed concern that pre-emptive nominations could create a dangerous precedent, allowing future governments to manipulate election results through procedural means rather than by earning the support of voters.
The Congress-National Conference (NC) alliance is expected to perform well in the upcoming elections, and party leaders are confident of securing a majority in the assembly. However, if the BJP moves forward with the nominations before the formation of the new government, Congress is expected to challenge the decision both legally and politically. This could lead to protracted disputes over the legitimacy of the government and the integrity of the electoral process in Jammu and Kashmir.
As election day approaches, the situation remains highly charged, with the Congress and BJP locked in a fierce battle over the future direction of the newly reorganized union territory. The political stakes are exceptionally high, and the outcome of this election will have far-reaching consequences for the region's governance, democratic institutions, and the delicate balance of power between local and central authorities. Congress’s strong opposition to the nominations underscores the party's determination to safeguard the democratic process and prevent any attempts to alter the election’s outcome through backdoor maneuvers.
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