August 20, 2025

Current Affairs

Who decides nominations to UT Assemblies?

Context: The Union Home Ministry, in an affidavit before the J&K and Ladakh High Court, submitted that the Lieutenant Governor (LG) of Jammu & Kashmir can nominate five members to the Legislative Assembly of J&K without the aid and advice of the elected Council of Ministers.

This has revived debates on the constitutional scheme governing nomination of legislators and the principles of democratic accountability in Union Territories (UTs).

Relevance of the topic:

Prelims: Constitutional provisions for nominated members in Parliament, State legislatures, and UT Assemblies.

Mains: Federal balance between Centre and UTs, Role of LG vs elected government in UTs.

Constitutional and Statutory Provisions on Nominated Members

Indian Constitution provides for nominated members in the houses of Parliament and State legislature.

Lok Sabha and State Legislative Assemblies: The provision for nominating two Anglo-Indian members to the Lok Sabha and one Anglo-Indian member to State Legislative Assemblies was discontinued in 2020 (104th Constitutional Amendment, 2020).
Rajya Sabha (Article 80): Rajya Sabha has 12 nominated members. These members are nominated by the President on the aid and advice of the Union Council of Ministers.
States With Legislative Councils (Article 171): In the six States with Legislative Councils, nearly one-sixth of the members are nominated. These members are nominated by the Governors on the advice of the States’ Council of Ministers.
Union Territories: The composition of the Legislative Assemblies of three Union Territories (UT) are governed by Acts of Parliament.

Provisions on Nominated Members in Union Territories

Delhi: The Government of National Capital Territory of Delhi Act 1991 provides for 70 elected members in the Delhi Assembly. There are no nominated MLAs in the Delhi Assembly.
Puducherry: The Government of Union Territories Act 1963 provides for 30 elected members in the Legislative Assembly of Puducherry. It also provides that the Union government may nominate up to three members to the Puducherry Assembly.
Jammu & Kashmir:
- Section 14 of the J&K Reorganisation Act, 2019 (as amended in 2023) provides for a total of 90 elected seats in the Legislative Assembly of J&K.
- In addition, Sections 15, 15A and 15B provide that the LG may nominate a total of up to five members (two women, two Kashmiri migrants and one displaced person from Pakistan occupied Kashmir) to the J&K Assembly.

What have the Courts ruled?

K. Lakshminarayanan vs Union of India (2018) case:

The Madras High Court upheld the power of the Union government to nominate three members to the Assembly and such nomination need not be based on the advice of the UT’s Council of Ministers.
However, the court also recommended that Parliament should bring statutory amendments to lay down a clear and unambiguous procedure for nomination of MLAs, including who will exercise this power and on what basis.
However, the Supreme Court on appeal had set aside the recommendations in this judgment of the Madras High Court.

Government of NCT of Delhi versus Union of India (2023) case:

The Supreme Court had delved into the concept of ‘triple chain of command’ that ensures democratic accountability.
In this ‘triple chain of command’ opined by the court, civil servants are accountable to ministers; ministers are accountable to the legislature; and the legislature is accountable to the electorate.
Therefore, it is held that the LG is bound by the aid and advice of the Council of Ministers in all matters, except where the Delhi Assembly does not have legislative powers.
Although this case dealt with appointment of officers in the Delhi Government, its reasoning may apply to the nomination of MLAs as well.

Way Forward

A UT does not enjoy the same status of a full-fledged State in the Indian federal set up. However, UTs with Assemblies have their own elected governments that are accountable to its population, therefore

Political differences between the Union government and a UT government should not derail the democratic process in the UTs.
The process of nomination must be based on the advice of the elected Council of Ministers as in smaller assemblies like that of J&K and Puducherry, these nominated MLAs can have the potential of converting a majority government into a minority one and vice versa, thereby rupturing popular mandates.
J&K is a special case as it was a State till 2019 with greater autonomy than others. Though its conversion into a UT has been upheld by the Supreme Court, the Union Government has promised early restoration of statehood. Hence, the LG should nominate five members to the J&K Assembly on the advice of the Council of Ministers to uphold democratic principles.

Removal Process of Chief Election Commissioner of India

Context: After the Election Commission of India dismissed allegations of electoral fraud as “baseless and invalid”, the INDIA bloc is considering moving a motion of removal of the Chief Election Commissioner (CEC) during the ongoing session of Parliament.

Relevance of the Topic:Prelims: Removal process of the Chief Election Commissioner (CEC).

About Election Commission of India

The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country.
Article 324 of the Constitution provides that the power of superintendence, direction, and controlof elections vested in the Election Commission, related to:
- Parliament
- State legislatures
- Office of President of India
- Office of Vice-President of India
Election Commission is an All-India body i.e., it is common to both the Central government and the state governments.

Chief Election Commissioner of India

Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lay down provisions regarding the appointment, tenure, and removal of the CEC.

Article 324(2):
- Election Commission shall consist of the Chief Election Commissioner and such number of Election Commissioners, as the President may fix from time-to-time.
- Appointment of the Chief Election Commissioner and other Election Commissioners are made by the President, subject to the law enacted by the Parliament. Parliament has enacted the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The Election Commission was a single-member body when it was set up in 1950. This system lasted until 1989 with the CEC as the lone member. After the Election Commission Amendment Act 1989, it became a multi-member body. Since then, it has been a three-member body (1 CEC + 2 ECs).
Tenure: The CEC has a tenure of up to six years or up to the age of 65, whichever is earlier.

Removal Process of Chief Election Commissioner of India:

The CEC or an EC can resign from his office at any time by writing under his hand addressed to the President.
CEC can only be removed from office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha or on grounds of proven misbehaviour or incapacity.
- CEC cannot be removed from his office except in like manner and on like grounds as needed for the removal of a Supreme Court judge.
- A motion supported by 50 MPs of the Rajya Sabha or 100 MPs of the Lok Sabha has to be moved in Parliament and passed by the House with a two-thirds majority of those present.
ECs cannot be removed from office except on the CEC's recommendation.

Immunity to Chief Election Commissioner:

Clause 16 of the CEC and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 grants immunity to the CEC and ECs from any legal action for decisions taken while in office.
No court shall entertain or continue any civil or criminal proceedings against any person who is or was a CED or an EC for any act, thing or word, committed, done or spoken by him when, or in the course of act in the discharge of his official duty or function.

Dibru-Saikhowa National Park

Context: A new study has identified at least two native plants that have joined invasive species to alter the riverine ecosystem of eastern Assam’s Dibru-Saikhowa National Park (DSNP).

Relevance of the Topic: Prelims: Key facts about Dibru-Saikhowa National Park.

About Dibru-Saikhowa National Park

Location: Dibrugarh and Tinsukia districts, Assam.
The park is an island-like formation bounded by the Brahmaputra and Lohit River to the north and Dibru River in the south.
It is the largest salix swamp forest in north-eastern India.
Key Fauna: Only habitat of feral horses in India; Bengal tiger, Indian leopard, clouded leopard, Malayan giant squirrel, Chinese pangolin, Ganges dolphin, capped langur, Hoolock gibbon, Asian elephant, barking deer, Wild water buffalo.
Flora: Grasslands, mixed semi-evergreen forests, moist mixed deciduous forests, shrubland.

Threats to DSNP’s Riverine Ecosystem:

Invasive species and native grassland invaders (flowering trees known as Simalu and Ajar in Assamese).
Recurring Brahmaputra river floods.
Increasing anthropogenic pressures from villages located within its boundaries.

The degradation of riverine ecosystems and forests in DSNP can lead to loss of biodiversity, threaten the survival of local fauna, reduce carbon storage and potentially intensify climate change.

The study recommended a targeted grassland recovery project that would encompass the control of invasive species, improved surveillance, increased staffing, and the relocation of forest villages and support community-based conservation efforts.