In its first cabinet meeting on Thursday, the Omar Abdullah government of Jammu and Kashmir approved a resolution demanding statehood for the union territory. He is expected to meet Prime Minister Narendra Modi next week to press the demand.
The state was bifurcated into the union territories of Jammu & Kashmir and Ladakh on August 5, 2019, after the union government moved a bill in the Parliament abrogating Article 370 and thus abolishing the state’s special status.
PM Modi Assures Statehood
Political analysts believe, though Home Minister Amit Shah and PM Modi assured the masses of restoring the statehood during the election rallies held in the union territory, there are many obstacles in the way of the statehood.
Why Should BJP Restore Statehood?
First, does the BJP-led union government want to restore the statehood after enjoying complete control of the union territory through the Lieutenant Governor of its choice? The saffron party has ruled the area as its fiefdom, increased its political significance by winning 29 seats and garnering 25.64% of votes and spreading its wings in the unchartered area of the Kashmir Valley, though it failed to win a seat there in the recently concluded assembly elections.
Why should it lose its control over the area it failed to form a government and can continue to be an important player through the L-G?
Will Delhi Set Example To BJP?
The moot question being asked in the political circle is: why the BJP should not exploit the situation and rule the state through it proxy L-G Manoj Sinha? It has a classic example of Delhi where it has allegedly made the life of former Chief Minister Arvind Kejriwal miserable with L-G Vinai Kumar Saxena blocking almost all of his decisions. With only seven MLAs in the house of 70, the saffron party has checked many moves by the government through the L-G.
What Will Omar Abdullah Do Now?
Earlier, much before the assembly elections were announced, Omar Abdullah declared defiantly that he would not be the chief minister of the union territory, where he would have to wait outside the office of the L-G to get the appointment of a peon approved by him. What will be done now?
Political observers believe, that even if the BJP wants to restore the statehood of Jammu and Kashmir, it will find the task difficult to accomplish.
An Uphill Task
After the resolution is approved, the cabinet will send it to the L-G and there is no clear provision on how long he can sit on the proposal.
After the L-G sends the resolution to the centre, the BJP-led government will have to move a resolution to change the provisions in the Jammu and Kashmir State Reorganisation Act, 2019. After both houses of the Parliament pass it, the bill would be sent to the president for formal approval.
Also Read: Jammu & Kashmir Assembly Election Results : Has ‘Kashmiriyat’ Triumphed Over BJP’s ‘Abrogation Of Article 370’?
After the bill is cleared by the president and it becomes an act, Jammu and Kashmir will become a state with the rights of a normal and full-fledged state.
Supreme Court To Hear Statehood Case
After Article 370 was abrogated and Jammu and Kashmir was bifurcated and demoted to the status of two union territories in 2019, the National Conference and others moved the Supreme Court. The apex court in its judgment in December 2023 upheld the abrogation of Article 370. However, it ordered the Union of India and the Election Commission to ensure that statehood is restored and elections are held by September 30, 2024.
After college teacher Zahoor Ahmed Bhat and political activist Khurshaid Ahmad Malik moved the Supreme Court alleging that its order on the restoration of the statehood has not yet been implemented, the apex court agreed on Thursday to hear an application seeking the restoration of Jammu and Kashmir’s statehood within two months.
The petitioners have argued that the court can order the union government to reinstate the statehood without apprehensions of security issues as the Assembly elections have been held peacefully.
What Will J&K Get After Statehood Is Restored?
After the statehood is restored, Jammu and Kashmir will get certain rights that it does not enjoy right now.
The state of Jammu and Kashmir will be able to frame laws for public order and safety and the subject on the concurrent list of the Constitution.
It will not have to seek the prior permission of the L-G before moving a money bill.
The state will have full control of its Anti-Corruption Bureau and the officers of all India services. It will not have to seek the approval of the L-G for making appointments.
The state government will have full control of business, commerce, and taxation issues.
Will the BJP fulfill its election promise of restoring the statehood of Jammu and Kashmir?
