Srinagar, Aug. 14 -- In its affidavit, the MHA said the powers vested in the Lieutenant Governor (LG) to nominate five members to the legislative assembly were essential for ensuring inclusivity and adequate representation of all communities. It maintained that the LG's powers were discretionary, could be exercised without the aid and advice of the council of ministers, and that the LG's office was not an extension of the government.

The affidavit was filed in response to a plea by Congress leader Ravinder Sharma challenging the constitutional validity of sections 15, 15-A and 15-B of the Jammu & Kashmir Reorganisation Act, which allow the LG to nominate five members to the assembly beyond its sanctioned strength.

As the division bench ...