Nominations to UT Assemblies | 20 Aug 2025

Source: TH 

Why in News?  

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.

Did You Know?

  • Only J&K, Delhi, and Puducherry are represented in the Rajya Sabha because they are the only union territories with elected legislatures. 
  • The composition of the Legislative Assemblies of UTs are governed by acts of Parliament. 
  • The Delhi Assembly has 70 elected members and no provision for nominated MLAs under the Government of National Capital Territory of Delhi Act, 1991. 
  • The Puducherry Assembly has 30 elected members, with the Union government allowed to nominate up to three members under the Government of Union Territories Act, 1963. 

What are the Constitutional Provisions Regarding Nominated Members? 

  • Rajya Sabha: 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. 
  • Legislative Councils: 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. 
  • Anglo-Indian Members: 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.

Judicial Precedents Regarding Nominated Members 

  • Puducherry Case (K. Lakshminarayanan vs Union of India, 2018):  The Madras High Court upheld the Union government’s power to nominate three MLAs to the Puducherry Assembly without needing the UT government’s advice.  
    • It recommended statutory clarity on the nomination process, including the authority and procedure, but the Supreme Court later set aside these recommendations on appeal. 
  • Delhi Case (Government of NCT of Delhi vs Union of India, 2023):  The Supreme Court had delved into the concept of “triple chain of command,” where civil servants are accountable to ministers, ministers to the legislature, and the legislature to the electorate.  
  • It ruled that the LG must follow the advice of the Council of Ministers, except in matters beyond the Delhi Assembly’s powers.

UPSC Civil Services Examination, Previous Year Questions (PYQs) 

Prelims

Q. Consider the following statements: 

  1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House. 
  2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

Which of the statements given above is/are correct?

(a) 1 only  

(b) 2 only 

(c) Both 1 and 2  

(d) Neither 1 nor 2 

Ans: (b)