Nominations for Union Territory Legislatures

Nomination to UT Assemblies involves the constitutional and legal rules under which specific individuals are appointed, rather than elected, to participate in the legislature.

These individuals typically represent distinct communities, migrants, women, or specialized fields.

Constitutional Framework

Parliament & States: The Constitution previously permitted nominations of Anglo-Indians (ended in 2020). The President nominates 12 members to the Rajya Sabha. State Legislative Councils permit 1/6th of their members to be nominated by the Governor.

Union Territories: Since UTs are directly controlled by the Union, their Assemblies operate under Parliamentary laws instead of the constitutional rules that pertain to States.

Nomination Process

Jammu and Kashmir:

According to Section 14 of the J&K Reorganisation Act, 2019 (as amended in 2023):

Ninety chosen positions.

LG can propose a maximum of five individuals — two females, two migrants from Kashmir, and one person displaced from PoK.

Puducherry:

According to Section 3 of the Union Territories Act, 1963:

30 appointed representatives.

The Central Government can appoint a maximum of three members.

Delhi:

According to Section 3 of the GNCTD Act, 1991:

Only 70 members are elected.

No clause for appointed MLAs.

Judicial Analysis

Puducherry Case (K. Lakshminarayanan, 2018): Madras High Court confirmed Centre’s authority to nominate MLAs; no requirement for advice from UT Government. The Supreme Court subsequently affirmed this.

Delhi Case (NCT of Delhi v. Union, 2023): SC defined the "triple command hierarchy"—civil servants → ministers → legislature → electorate; stressed LG must follow the Council of Ministers' aid and advice, unless the legislature is powerless.

How UT Nominations Are Distinct from Those in States

Authority: In states, Governors operate based on the recommendations of the elected Council of Ministers. In UTs, nominations typically come straight from the Union Government or LG.

Autonomy: States possess constitutional recognition; UT Assemblies derive authority from parliamentary legislation.

Democratic Equilibrium: In smaller UT Assemblies such as Puducherry or Jammu & Kashmir, appointed members can affect the balance in larger State legislatures.