Srinagar: Peoples Democratic Party (PDP) President Mehbooba Mufti has strongly criticised the Government of India’s decision to allow the nomination of five Members of the Legislative Assembly (MLAs) in Jammu and Kashmir after elections, terming it a “blatant subversion of democratic principles.” She said such a move, unprecedented in its scale and intent, undermines the sanctity of the people’s mandate and reduces the legislative process to an exercise in central control.
Taking to social media to give vent to her disappointment, the former chief minister remarked that nowhere else in the country does the Centre handpick legislators to override the verdict of the electorate. She noted that in India’s only Muslim-majority region, which has endured decades of political turmoil and conflict, such interventions deepen mistrust between the people and the government. “Following the illegal bifurcation of the state, skewed delimitation and discriminatory seat reservations, this nomination is yet another body blow to the idea of democracy in J&K. Representation must be earned through the people’s vote, not granted by central decree,” Mehbooba Mufti said.
The PDP leader further urged the newly elected government led by Omar Abdullah to mount a legal challenge to this provision, cautioning that “silence now would be complicity later.” She described the move as part of a wider pattern in which Jammu and Kashmir’s political autonomy has been systematically diluted since the abrogation of Article 370 in 2019.
The controversial provision stems from amendments to the Jammu and Kashmir Reorganisation Act, 2019. While earlier laws permitted the nomination of two MLAs, mainly to represent women or the Kashmiri migrant community, the law was revised in 2023 to allow the nomination of five MLAs: two women, two representing Kashmiri migrants (Kashmiri Pandits), and one displaced person from Pakistan-occupied Jammu and Kashmir. These nominated members enjoy the same powers, privileges and voting rights as elected legislators.
Political parties across the spectrum, including the National Conference, Congress and PDP, have raised concerns that such nominations can decisively alter government formation by artificially boosting the numbers of a ruling coalition. Political leaders argue that this system, unique to Jammu and Kashmir, effectively gives the Union Government a tool to influence legislative outcomes regardless of the people’s verdict.
The Jammu and Kashmir High Court has already admitted a petition challenging the constitutional validity of this provision, although it declined to stay the process of nominating the MLAs. The matter remains sub judice.
Meanwhile, the presence of five nominated members in the 90-member elected Assembly increases the effective strength to 95, making their role potentially decisive in close contests. [KNT]
