J&K Poll Verdict: 5 Nominated MLAs Won’t Matter Now, But NC-Congress, BJP-Led Centre May Clash Over Statehood

Intense speculations, conspiracy theories, threats and counter threats later the five nominated MLAs in Jammu and Kashmir (J&K) Assembly may no longer be the deciding factor in the upcoming legislature.

As exit polls predicted a tight contest between the National Conference-Congress and Bharatiya Janata Party (BJP), the valley had become the centrepoint of conspiracy theories. The BJP’s opponents claimed that the Lieutenant General (LG) would nominate five MLAs and “snatch the mandate from the NC-led alliance". NC’s Farooq Abdullah had threatened to knock on the doors of the Supreme Court (SC), while BJP members had said under the J&K Reorganisation act, the LG has the power to nominate five MLAs without the aid and advice of the CM and his cabinet.

The reason for the intense debate over the past three days was the fact that the five nominated members had the right to vote, effectively making the halfway mark in the 90-member assembly 48. Exit pollsters, however, were proved wrong as the NC-Congress alliance seems on course to comfortably cross the majority numbers needed to form the government.

CLASH BETWEEN CM AND CENTRE

While the issue of nominated members led to a row, there could be multiple issues where the new CM could clash with the LG and Centre over powers.

NC’s Omar Abdullah, who lost the Lok Sabha election to Engineer Rashid, is likely to be next CM of Jammu and Kashmir. In the assembly polls, the former CM won both his seats. He defeated PDP’s Aga Syed Muntazir Mehdi in Budgam, and Bashir Mir of PDP in Ganderbal.

Although Abdullah had initially claimed that he would not return to the J&K assembly till statehood was restored, on Wednesday, his father Farooq declared that Abdullah would be the next CM. Abdullah is likely to demand immediate restoration of statehood to J&K and full powers to the elected Chief Minister. Abdullah had questioned the taking away of powers from the CM to appoint state bureaucrats, including the DGP. On Friday, he had posted on X that the BJP was curtailing the powers of the CM by allowing the Chief Secretary to change transaction of business rules, a claim that was swiftly denied by Union Home Minister Amit Shah.

STATEHOOD

Both Prime Minister Narendra Modi and Shah have assured that statehood would be restored in Jammu and Kashmir. However, the NC is apprehensive about the intention of the BJP. During the release of the manifesto, Abdullah had said his party would move the SC if statehood was not restored.

This — how the statehood will be restored and with what powers — could be the first point of clash. Section 57 of the J&K Reorganisation Act abolished the legislature of the erstwhile J&K. The act also gave all powers to LG leading to doubts whether a Delhi-like model will be followed by J&K on statehood.

Abdullah said: “I would like to believe the Honourable PM has said it publicly that we will restore statehood. He hasn’t said we will only restore it if the BJP is elected to power. Once the new government comes, I expect the CM to travel to Delhi and meet the HM and other leaders and impress upon them that mandate was to restore statehood. Whoever the CM is I expect him to have a decent relationship with the government of India. We have to find a way of working together."

Union Minister Dr Jitender Singh, however, had earlier told CNN-News18, “The Chief Minister of J&K will enjoy the same power as the CM of West Bengal and Maharashtra. The new CM will have the same powers (as before) or perhaps more because now the pressure to look different because of Article 370 is gone."

NOMINATED MEMBERS

The J&K Reorganisation Act 2019 empowered the LG to nominate two women members if he felt they were inadequately represented. In 2023, the Act was amended to include three more nominated members, including Kashmiri Pandits and a displaced person from POK.

“The nomination will serve no purpose now as they will sit in the opposition. Recommendation for these five members should come from the elected members," said Abdullah.

The BJP had hoped the move would be favoured by the Kashmiri Pandit community. The Pandits at Nagrota’s Jagti camp, however, told News18 that they would have preferred if a seat was reserved for Pandits. “We wanted our representative in assembly, but we have no say if you send a nominated member. Instead, you could have reserved a seat for Pandits, like you do for SC/STs/ women," Ashwani Bhatt, a displaced Pandit from Srinagar, said.