Mppsc current affairs

🔆 Who Decides Nominations to UT Assemblies?

📌 Background
• Union Home Ministry told J&K & Ladakh HC that LG of J&K can nominate 5 members to Assembly without aid/advice of Council of Ministers.
• Issue: Whether this power should rest with the elected govt or solely with the LG.

📍 Constitutional Provisions
✅ Rajya Sabha: 12 nominated members (by President, on advice of Union Council of Ministers).
✅ Legislative Councils: 1/6th nominated by Governors (on advice of State CM + Council).
✅ UT Assemblies (Delhi, Puducherry, J&K): Nominated members provided under respective Acts of Parliament.

📍 Judicial Interpretations
• Lakshminarayanan vs Union of India (2019): Upheld Centre’s power to nominate members to Puducherry Assembly.
• Govt of NCT of Delhi vs Union of India (2023): SC emphasised “triple chain of command” – civil servants → ministers → legislature → people. LG must act on advice of Council of Ministers in legislative matters.

📍 Key Concern
• Nominations in smaller UTs (J&K, Puducherry) may alter majority-minority equations → impacting democratic mandates.

📍 Way Forward
• Nomination of MLAs should be on advice of Council of Ministers.
• Maintains democratic accountability & upholds federal spirit.
• Govt assured restoration of statehood for J&K at the earliest.

✅ Prelims Practice Q
Q. Consider the following statements:
1. Nominated members in Rajya Sabha are chosen by the President on the advice of the Council of Ministers.
2. In Puducherry Assembly, nominated members are directly elected.
3. The “triple chain of command” doctrine was highlighted by the Supreme Court in the Delhi vs Union of India case (2023).

Correct answer:
(a) 1 & 3 only
(b) 2 & 3 only
(c) 1 & 2 only
(d) 1, 2 & 3

✅ Mains Practice Q
Q. The controversy over nomination of members to Union Territory Assemblies highlights the tension between the Union and elected governments. Discuss with reference to recent judgments. (10M / 150 words)

www.tgoop.com/mppsc_current/14094

698 viewsAug 20 at 00:41

🔆 Who Decides Nominations to UT Assemblies?

📌 Background
• Union Home Ministry told J&K & Ladakh HC that LG of J&K can nominate 5 members to Assembly without aid/advice of Council of Ministers.
• Issue: Whether this power should rest with the elected govt or solely with the LG.

📍 Constitutional Provisions
✅ Rajya Sabha: 12 nominated members (by President, on advice of Union Council of Ministers).
✅ Legislative Councils: 1/6th nominated by Governors (on advice of State CM + Council).
✅ UT Assemblies (Delhi, Puducherry, J&K): Nominated members provided under respective Acts of Parliament.

📍 Judicial Interpretations
• Lakshminarayanan vs Union of India (2019): Upheld Centre’s power to nominate members to Puducherry Assembly.
• Govt of NCT of Delhi vs Union of India (2023): SC emphasised “triple chain of command” – civil servants → ministers → legislature → people. LG must act on advice of Council of Ministers in legislative matters.

📍 Key Concern
• Nominations in smaller UTs (J&K, Puducherry) may alter majority-minority equations → impacting democratic mandates.

📍 Way Forward
• Nomination of MLAs should be on advice of Council of Ministers.
• Maintains democratic accountability & upholds federal spirit.
• Govt assured restoration of statehood for J&K at the earliest.

✅ Prelims Practice Q
Q. Consider the following statements:
1. Nominated members in Rajya Sabha are chosen by the President on the advice of the Council of Ministers.
2. In Puducherry Assembly, nominated members are directly elected.
3. The “triple chain of command” doctrine was highlighted by the Supreme Court in the Delhi vs Union of India case (2023).

Correct answer:
(a) 1 & 3 only
(b) 2 & 3 only
(c) 1 & 2 only
(d) 1, 2 & 3

✅ Mains Practice Q
Q. The controversy over nomination of members to Union Territory Assemblies highlights the tension between the Union and elected governments. Discuss with reference to recent judgments. (10M / 150 words)

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