Srinagar, Sep 28: Jammu and Kashmir Assembly on Monday passed a resolution calling upon the Government of India for the immediate and urgent restoration of full statehood to the union Territory. The resolution with reference to autonomy and special status was passed by a voice vote, with all parties barring the BJP supporting it. The BJP members staged protests and walk-out.
The resolution was moved by Chief Minister Omar Abdullah on Friday last week. However, it was deferred as several members wanted to speak over the issue.
The opposition BJP protested against the resolution on Friday as well as on Monday, with party members jumping into the well of the House, tearing business papers and conducting mock proceedings.
"In addition to the resolutions passed by this House on 26, June 2000 and 6 November, 2024, the House calls upon the Government of India for the immediate and urgent restoration of full statehood to Jammu and Kashmir and resolves that this resolution be forwarded to the Government of India," the resolution reads.
The NC-led government headed by Farooq Abdullah had passed a resolution on June 26, 2000 for restoration of greater autonomy as existed before August 9, 1953.
On November 6, 2024, the House passed a resolution seeking the restoration of special status.
Several members including from NC had moved amendments to the resolution, with many seeking that the resolution also demand the restoration of special status.
However, while responding during the debate, the chief minister urged the members to withdraw their amendments, saying "they had got trapped in this scheme (of the BJP) and moved amendments".
"This House has already passed resolutions twice for special status -- one in (former CM) Farooq Abdullah time, and the other in 2024 soon after the formation of this government. Special status is a provision that other states do not have. We have asked the Centre to restore the special provisions which we had before 2019. So, I request my colleagues not to press the amendments which will give the BJP an excuse to oppose it," Omar said.
Following the CM's appeal, the Speaker asked the members whether they intended not to press the amendments, to which all eight MLAs agreed.
The Speaker then put the resolution to vote, even as BJP members continued with their protest.
The resolution was passed through voice vote amid a walkout by the BJP.
The BJP said the reference to autonomy and special status in the resolution was an insult to the Constitution and it would not allow a discussion on it or its passage in the House.
Speaking on the debate, CM said the resolution was necessitated by the continued uncertainty over the restoration of Statehood despite the passage of nearly two years since the formation of the elected government.
Referring to the earlier resolution passed by the House on special status and constitutional guarantees, the Chief Minister urged members not to press amendments that, he said, could provide an excuse to the opposition (BJP) to oppose the Statehood resolution.
“Why do we need this resolution? It has been two years. We have been waiting for two years, that the central government will fulfill its promise,” he said.
The CM referred to the Supreme Court judgment concerning Jammu and Kashmir and said the Court had directed that Statehood be restored at the earliest after elections.
Questioning the continued delay, he said there was a need for clarity on what was meant by the phrase “at the earliest” and “as soon as possible”.
Omar also sought clarity from the Union Government on the reference to restoring Statehood at an “appropriate time”.
He questioned whether the restoration of Statehood was being linked to the security situation and militancy in the region. “If restoration of Statehood was to depend on the complete cessation of militancy, the decision would effectively be linked to developments beyond the control of the elected government and people of Jammu and Kashmir.”
He said the decision on restoration of Statehood should be taken in New Delhi and not be left dependent on any other factor or external consideration.
Highlighting the administrative difficulties arising from Jammu and Kashmir’s present status as a Union Territory, the CM said several decisions that would ordinarily fall within the domain of an elected State government continue to face procedural and institutional constraints.
He cited the example of the committee constituted for examining the regularisation of daily wagers, saying that the committee had not been able to submit its report despite the passage of considerable time.
“We have formed a committee here for the regularization of the Daily wagers. The committee has not submitted its report yet. Why? Because we are UT Mr. Speaker,” he said.
The CM also raised the issue of the absence of an Advocate General for Jammu and Kashmir, saying that nearly two years after the formation of the elected government, the Union Territory continued to be without an Advocate General despite the matter having been formally taken up by the government.
“Almost two years have passed, the government has been formed, even today Jammu and Kashmir does not have Advocate General,” he said.
Omar also referred to the issue of reservation and said the elected government had undertaken the process through a Cabinet Sub-Committee, followed by consideration and approval by the Cabinet. He said the government had subsequently responded to queries raised by the Union Government and had again forwarded its decision to the Lieutenant Governor.
He said the delay in implementation of the decision on the reservation issue illustrated the limitations under the existing administrative arrangement.
The Chief Minister further highlighted areas where, according to him, functions and institutions that had traditionally been associated with the elected government now fall outside its effective jurisdiction.
Referring to the Jammu and Kashmir Academy of Art, Culture and Languages, he said the institution presently comes under the Lieutenant Governor.
He also referred to the universities at Awantipora and Rajouri, saying that under the previous arrangement the Chief Minister had an ex-officio role in the institutions, whereas the present arrangement does not provide the Chief Minister the same role.
“Today in both the universities there is no role of the Chief Minister. The Chancellor is LG but the Chief Minister is out of that position. Why? What is the problem?” he asked.
The Chief Minister also raised the issue of the pending approval of the Government Business Rules. He said the government had submitted the Business Rules to the Union Government nearly two years ago and that these had not yet been approved.
“We told them if there is any deficiency, we will fix it, but at least this confusion in exercising of powers should be removed,” he said.