Jammu and Kashmir: Why first Budget Session under CM Omar Abdullah will begin without any nominated members

In the recently held Assembly elections, the NC won 42 seats, forming a coalition government with the Congress, which won 6 seats.

The Budget Session of the Jammu and Kashmir Legislative Assembly is scheduled to begin on March 3. However, it is likely that the session will be held without nominated members. With the five nominated members, the strength of the reorganised J&K House can go from 90 to 95.

The Indian Express reports citing sources in the Omar Abdullah-led National Conference (NC) government that there has been “no conversation” regarding nominating members to these seats. Also, there has been no communication from L-G Manoj Sinha’s office regarding the same.

Ahead of the Jammu and Kashmir Assembly election result, the Lieutenant Governor’s power to nominate five members to the Assembly had created confusion among parties. It was feared that the L-G having the power to pick the five nominated members may tilt the balance of the House.

What powers does the J&K Reorganisation Act give L-G?

The J&K Reorganisation Act was approved in 2019 by Parliament. After an amendment in 2023, it allowed the L-G to nominate five members - two women, two from the migrant community and one from PoJK refugees. They are supposed to be nominated before the first sitting of the House and can vote, just like elected members, in a test of majority.

The Act is modelled on the Puducherry assembly where three nominated members function at par with elected MLAs and have voting rights. However, the Act does not mention anything about the nominated members' voting rights during "government formation or vote of no confidence".

In the recently held Assembly elections, the NC won 42 seats, forming a coalition government with the Congress, which won 6 seats.  The BJP won 29 seats, and the PDP managed only 3. However, there was discussion on picking the five nominated members to the House.

This will be the first budget of the newly formed National Conference-led Jammu and Kashmir government.  Abdullah, who also holds the finance portfolio, will present the budget. He had recently said the Centre had promised financial support as the coffers were running dry. The inaugural session of the assembly was held in November last year. However, no discussion regarding the picking of nominated members.

It is also unclear whether the matter of nomination of members is being tackled in the new Transaction of Business Rules, which are yet to be announced for J&K as a Union Territory.

Meanwhile, the NC and PDP leaders have entered into a war of words after former CM Mehbooba Mufti on Sunday targeted J&K assembly speaker Abdul Rahim Rather over his statement that unwarranted publicity of business notices was tantamount to a breach of privilege.

Rather head earlier told legislators that they shouldn’t bring the bills in the public domain ahead of the budget session.  Mufti had equated the Speaker’s order as a form of “martial law”.