LIEUTENANT GOVERNOR 

• The structure of the Legislative Assemblies in three Union Territories (UTs) is defined by specific Acts of Parliament. Under Section 3 of the Government of National Capital Territory of Delhi Act, 1991, the Delhi Assembly consists of 70 elected members, with no provision for nominated MLAs.
• As per Section 3 of the Government of Union Territories Act, 1963, the Puducherry Assembly has 30 elected representatives, and the Union government holds the authority to nominate up to three members to it.
• In the case of Jammu & Kashmir, Section 14 of the J&K Reorganisation Act, 2019 (amended in 2023) prescribes a total of 90 elected seats. Further, Sections 15, 15A, and 15B empower the Lieutenant Governor to nominate up to five members: two women, two Kashmiri migrants, and one displaced person from Pakistan-occupied Kashmir (PoK)

4. Court rulings

• The issue of nominating members to the Puducherry Assembly was examined in the K. Lakshminarayanan vs. Union of India (2018) case before the Madras High Court. The Court upheld the Union government’s authority to nominate three members to the Assembly, ruling that such nominations need not be made on the advice of the Union Territory’s Council of Ministers.
• At the same time, the Court recognized the significance of the issue and recommended that Parliament consider statutory amendments to establish a clear procedure for nominations—specifying both the origin of such nominations and the authority responsible.
• However, on appeal, the Supreme Court overturned these recommendations.
• In a later judgment, the Government of NCT of Delhi vs. Union of India (2023), the Supreme Court elaborated on the idea of a ‘triple chain of command’ to ensure democratic accountability.
• According to this principle, civil servants are answerable to ministers; ministers to the legislature; and the legislature to the electorate. The Court held that the Lieutenant Governor (LG) must act in accordance with the aid and advice of the Council of Ministers, except in matters where the Delhi Assembly lacks legislative powers.
• Although this case dealt with the appointment of officers in Delhi services, its reasoning could also be relevant when considering the nomination of MLAs to Assemblies

• Rajya Sabha, which is the Upper House of Parliament, consists of both elected and nominated members. While the majority of members are elected by the elected representatives of State Legislative Assemblies through a system of proportional representation by means of the single transferable vote, the Constitution also provides for the nomination of members to this House.
• Under Article 80 of the Indian Constitution, the President of India is empowered to nominate 12 members to the Rajya Sabha. These nominations are not arbitrary; rather, they are made on the aid and advice of the Union Council of Ministers.
• The intention behind this provision is to ensure that the Rajya Sabha benefits from the expertise of distinguished individuals who may not be part of the regular electoral process but whose contributions are valuable to the functioning of Parliament.
• The Constitution specifies that the nominated members should be drawn from fields such as literature, science, art, and social service. This ensures that the Rajya Sabha has representation from eminent personalities who have excelled in their respective areas and can enrich parliamentary debates with their knowledge, experience, and perspectives.
• For instance, celebrated figures like Rukmini Devi Arundale (dance), Zakir Hussain (music), and M.S. Swaminathan (agricultural science) have served as nominated members in the past.
• Nominated members of the Rajya Sabha enjoy the same rights and privileges as elected members, with one exception—they cannot participate in the election of the President of India, though they can vote in the election of the Vice President. Their presence ensures that specialized knowledge, cultural heritage, and social contributions are represented within the law-making process of the nation

• Nominations to State Legislative Assemblies in India are a constitutional provision aimed at ensuring inclusivity and representation of communities or groups that may otherwise remain outside the electoral process.
• Under Article 333 of the Indian Constitution, the Governor of a State has the power to nominate one member of the Anglo-Indian community to the Legislative Assembly of that State if, in the Governor’s opinion, the community is not adequately represented.
• This was a special arrangement meant to safeguard the political voice of the Anglo-Indians after independence. However, this provision was abolished by the 104th Constitutional Amendment Act, 2019, which came into effect in January 2020. Since then, no Anglo-Indian members are nominated to State Assemblies.

Apart from this, some Union Territories with Legislative Assemblies also have provisions for nomination. For example:

• In Puducherry, under the Government of Union Territories Act, 1963, the Central Government can nominate up to three members to the Legislative Assembly, in addition to the 30 elected members. This provision was upheld in the K. Lakshminarayanan vs. Union of India (2018) case, though questions were raised about whether the nominations should be based on the advice of the Council of Ministers.

• In Jammu & Kashmir, the J&K Reorganisation Act, 2019 (amended in 2023) provides for 90 elected seats in the Legislative Assembly. It also allows the Lieutenant Governor to nominate up to five members: two women, two Kashmiri migrants, and one displaced person from Pakistan-occupied Kashmir.