India, Aug. 11 -- The Union Ministry of Home Affairs (MHA) has informed the Jammu and Kashmir High Court that the Union Territory's Lieutenant-Governor (L-G) can nominate five members to the Legislative Assembly without the elected government's "aid and advice", asserting that the L-G's office is a distinct statutory authority, not an extension of the UT government.

In an affidavit, the MHA said the nominations-two Kashmiri migrants (including a woman), one from the Pakistan-occupied J&K (PoJK) community, and two women if underrepresented-are "outside the realm of the business of the elected government of J&K" and must be exercised at the L-G's discretion.

The provision was added through the 2023 amendment to the J&K Reorganisation Act,...