LG’s office exercising statutory duty not as extension of Govt: MHA

Jammu, Aug 12: The Ministry of Home Affairs (MHA) has said that the Lieutenant Governor has to nominate MLAs to the J&K Legislative Assembly as “a statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice” (of the Council of Ministers).

The argument has been forwarded in the affidavit submitted by it (MHA) to the J&K High Court in a writ petition related to MLAs’ nomination case, filed by the Jammu and Kashmir Pradesh Congress Committee (JKPCC) chief spokesman Ravinder Sharma.

Juxtaposing the provisions of the J&K Reorganisation Act, 2019, the Government of Union Territories Act, 1963 and the Delhi Municipal Corporation Act, 1957, the MHA has pointed out that the Supreme Court has, on two instances, settled the issue agitated before the High Court (of J&K) about the powers of the Lieutenant Governor.

“Once the Parliament By-Law recognises the Lieutenant Governor as a distinct authority from the government of Union Territory under Parliamentary enactment, it necessarily allows that when a power is conferred upon the Lieutenant Governor, then the same must be exercised as a statutory function and not as an extension of his duties ss the head of the UT Government,” the MHA argued in its affidavit.

It continued, “Sections 15, 15A and 15B all specifically recognise the power and authority of the Lieutenant Governor to make a nomination to the Legislative Assembly. Accordingly, there can be no manner of doubt that it is the Lieutenant Governor who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice.”

The MHA has also taken exception to the petitioner’s “feeble attempt to distinguish the case of Jammu and Kashmir from Puducherry” and described it as “meaningless.”

Meanwhile, JKPCC chief spokesman Ravinder Sharma has already stated that he will file a rejoinder to the reply filed by the Ministry of Home Affairs (MHA), Government of India, in his petition related to this case, before the final hearing to be fixed by the J&K High Court.

August 14 is the next date in the case, when the prayer, according to Sharma, for fixing the date for final hearing will be made and fixed in open court.

Senior Supreme Court Advocate Abhishek Manu Singhvi is appearing for the petitioner (Ravinder Sharma) in the case. Sharma, who himself is an advocate, pointed out that the reply of the respondents (Centre) in the case was filed at the eleventh hour, after several opportunities.

“Now, as the petitioner, I have the right to file a rejoinder to their objections. We will examine the reply with our senior lawyers and decide. We will seek time to file a rejoinder before the court fixes the date for the final hearing. On August 14, the submissions will be made before the court for fixing the next date for final hearing, after completing pleadings,” Sharma said.

He had challenged the provisions of the Reorganisation Act regarding the nomination of five MLAs by the Lieutenant Governor without taking the aid and advice of the Council of Ministers and over and above the sanctioned strength of J&K Assembly, which is 114 (90 elected and 24 reserved for POJK).

Sharma, in his petition, has contended that the five nominations, which are over and above the total strength of 114, are wrong.

“Five nominations can convert a minority number to majority and majority in elections to minority, thus are against the basic structure of the Constitution,” it was further contended.

The High Court framed a question of law, whether these provisions of the Reorganisation Act were contrary to the basic structure of the constitution and had asked the respondents – Government of India and the Lieutenant Governor to file a reply, which they filed on July 24, 2025.

“Petitioner has the right to file a rejoinder, and thereafter, PIL will be fixed for final hearing by the court. The case will come up for the next hearing on August 14, 2025,” Ravinder Sharma said.