J&K Assembly resolution

 Who moved the J&K Assembly resolution, to what it says, and doesn’t: Key takeaways from special status move

The NC’s Jammu face introduces the resolution that seems modulated for Delhi’s ears; BJP protests but set to gain. Jammu and Kashmir assembly resolution, political pulse, Indian express BJP legislators hold a protest after the Assembly passed a resolution on Article 370 restoration by voice vote, in Srinagar, Wednesday, Nov. 6, 2024.

On Wednesday, the Jammu and Kashmir Assembly passed a resolution on special status, seeking a “dialogue” with the Union Territory’s elected representatives to restore the constitutional guarantees and to work out constitutional mechanisms for restoring these provisions”.

The resolution, brought by the Omar Abdullah government in the first Session of the newly elected House, was carefully worded to fulfil one of the key promises made by the National Conference in its election manifesto, it was careful not to ruffle feathers in the BJP-led Centre, especially when the latter seems inclined to fulfil the other big J&K demand, of return of statehood.

There were other messages too in the resolution, which marked the first formal rejection in J&K of decisions taken by the Centre on August 5, 2019, scrapping the special status of the erstwhile state via abrogation of Article 370, and its downgrade to two UTs.

The  takeaways
The face to move the resolution

While the NC won a simple majority in the Assembly elections, almost all members are from Kashmir. This was the reason that a decision was taken to appoint one of its MLAs from the Jammu region, Surinder Kumar Choudhary, Deputy Chief Minister.

On Wednesday, the NC chose Choudhary again to advocate for a restoration of special status in the Assembly. It implied that the demand for provisions guaranteed once by Article 370 was not restricted to the Valley alone but also the Jammu region, which was swept by the BJP in the Assembly elections. Unlike Kashmir, there is support for Article 370 abrogation in Jammu.

Political Pulse | J&K Assembly passes resolution for restoration of special status, seeks ‘dialogue’, emphasises ‘national unity’

Speaking to reporters later, Choudhary said: “If you do a narco test of BJP MLAs, even they are happy with this resolution. But they can’t say it because of political compulsions.”

The omissions in the resolution

It talks about the restoration of special status and constitutional guarantees but makes no mention of Articles 370 or 35 A which provided the same, this is a hint that the NC-led government, the first since the abrogation of Article 370, is ready to accept special status in the form of a mechanism other than the contentious legislation, whose removal has been part of the BJP’s original agenda.

This could, for example, be in the shape of Article 371, which grants special provisions to some states, or other constitutional guarantees about land and jobs.

The resolution does not unequivocally oppose or reject the decisions of August 5, 2019, as well, only “expressing concern” over their unilateral nature.

The inclusions in the resolution

As the resolution says, “This Assembly emphasises that any process for restoration (of special status) must safeguard both national unity and the legitimate aspirations of the people of Jammu and Kashmir.” The framing of national unity within the demand for special status is interesting as the BJP’s main argument against Article 370 was that it treated one state distinctly from the others and that its abrogation has led to “full integration” of J&K with the rest of the country.

PDP chief Mehbooba Mufti commented on this in her reaction to the J&K government resolution, saying: “This has nothing to do with national unity. This nation is known for its diversity and this is why J&K had joined hands with India in 1947.”

The resolution also “calls upon the government of India to initiate dialogue with elected representatives” of J&K to restore special status. Again, it suggests an eagerness to include the Centre in any move on the issue.

The  BJP  view 

While the BJP vehemently opposed the resolution seeking its withdrawal, the party stands to take benefits from the move.

First, it suggests a willingness on the part of the J&K government to work with the Centre, denting the narrative that the Valley would never accept the BJP. Second, it gives the BJP an opening to put the Congress on the mat in poll-bound Maharashtra and Jharkhand. As an ally of the NC, though not a part of the J&K government,  only much distance  Congress can claim from the resolution.

The Congress View

While the NC support base will be placated for now by the Omar government ticking the special status even if in diluted form  Congress seems as hapless as ever.

With stakes high in the two Assembly elections coming up next, the Congress appeared as confused about its stand as when the Centre abrogated Article 370. When the resolution was first moved, it was clear its MLAs did not know how to respond. While Congress state president Tariq Karra and senior leader Peerzada Mohammad Syed watched silently, its MLA Irfan Hafiz sparred with his BJP counterparts in the Assembly.