Nominations to UT Assemblies:
The Union Home Ministry asserts that the Lieutenant Governor (LG) of Jammu & Kashmir (J&K) can nominate five members to the Legislative Assembly without the aid and advice of the Council of Ministers. J&K Reorganisation Act, 2019 (amended 2023) provides for 90 elected members and allows the LG to nominate up to five members.
- Under Article 80, the President can nominate 12 members having special knowledge in literature, science, art, and social service, on the advice of the Union Council of Ministers.
- Nominated members enjoy most privileges of elected MPs, such as participating in debates, and introducing bills, but cannot vote in presidential elections.
- They can vote for the Vice President.
- They are also not required to declare assets and liabilities under the Representation of the People Act, 1951.
- Nominated members have six months from taking their seat to join a political party; joining after this period leads to disqualification.
- Under Article 171, nearly one-sixth of members in a State Legislative Council are nominated by the Governor, based on the advice of the Council of Ministers.
- Earlier, the Constitution allowed the President (Article 331) to nominate two Anglo-Indian members to the Lok Sabha and Governors (Article 333) to nominate one Anglo-Indian member to State Legislative Assemblies.
- Both provisions were abolished by the 104th Constitutional Amendment in 2020.
