GS 2 – Polity
Context:
Unlike states, some Union Territories (UTs) have legislative assemblies, but their representation can include nominated members in addition to elected ones. This ensures representation for certain communities or expertise in governance.
Constitutional Provisions
- Article 239A (now repealed) / Article 239:
- UTs are administered by a Lieutenant Governor (LG) appointed by the President.
- UT assemblies are established under Parliamentary legislation (not directly by the Constitution, except Delhi and Puducherry).
- Article 239AA – National Capital Territory of Delhi:
- Provides for elected Legislative Assembly and Council of Ministers.
- No provision for nominated members in Delhi’s Assembly.
- Puducherry (Pondicherry) – Government of Union Territories Act, 1963:
- Assembly Composition: 30 elected members + 3 nominated members by the President.
- Nominees generally include experts or representatives to bring special knowledge or experience to the Assembly.
Purpose of Nominations
- Representation of Expertise:
- Allows inclusion of persons with experience in administration, education, social work, or other fields.
- Minority / Community Representation:
- Ensures representation of communities that may not have electoral strength.
- Strengthening Governance:
- Brings diversity of opinion and enhances legislative debate.
Process of Nomination
- Authority:
- The President of India nominates members to UT assemblies where provision exists (e.g., Puducherry).
- Criteria:
- No strict constitutional qualifications beyond eligibility to be a member of the assembly.
- Nominated members usually chosen for their expertise or service to society.
Significance & Issues
- Significance:
- Promotes inclusive governance in small UTs.
- Strengthens expertise in law-making.
- Issues / Debates:
- Nominated members may be aligned with ruling party, affecting neutrality.
- Creates a democratic deficit if overused or politically motivated.