The Supreme Court on Monday rejected a plea that contested the Jammu and Kashmir Lieutenant Governor’s authority to appoint five members to the UT’s Legislative Assembly. Justices Sanjiv Khanna and Sanjay Kumar directed the petitioner, Ravinder Kumar Sharma, to seek redress at the high court level, emphasizing the potential oversights of direct Supreme Court intervention in such cases.
The plea emerged in the context of the recent legislative elections where the Jammu and Kashmir National Conference-Congress alliance secured a majority with 48 of the 90 assembly seats. The bench chose not to rule on the merits of the case under Article 32 of the Constitution, which allows the Supreme Court to hear cases alleging violation of fundamental rights directly.
Representing the petitioner, Senior Advocate Abhishek Singhvi argued that the LG’s power to nominate could undermine the democratic mandate, essentially allowing a minor adjustment in numbers to alter the majority status in the assembly. “If you nominate five, they become 47 and I become 48. Just one more switch could negate the electoral verdict,” Singhvi explained.
However, Justice Khanna pointed out that the LG has yet to use this nominative power and reiterated that the petitioner should first approach the high court. The case also saw participation from CPI (M) leader Mohammad Yusuf Tarigami, who supported the plea after winning the election from Kulgam. The National Conference-Congress alliance is further bolstered by support from several independents and a lone Aam Aadmi Party MLA.
