Amid sloganeering and uproar from the BJP, the Jammu & Kashmir Assembly passed a resolution asking the Centre to restore statehood to the Union Territory. The resolution was moved by Chief Minister Omar Abdullah on September 25 during the ongoing autumn session.

Explaining the need for the resolution, Omar said: “We’ve been waiting for two years for the central government to keep its word. The SC had said that after the UT elections, J&K’s statehood should be restored at the earliest”.

Questioning the delay in implementing this direction, Omar said: “In what language does ‘at the earliest’ mean two years? And even after two years, there is no clarity about when this might change. I have repeatedly asked the Centre what ‘uchit samay’ [opportune moment] means for the restoration of statehood. Is ‘uchit samay’ linked to militancy? Are you saying that till the guns fall silent in J&K, statehood will not be restored?” Omar said in the Assembly.

Story continues below.
Subscribe to see fewer ads.

He stressed that by linking the restoration of statehood to militancy, “you are directly saying that the decision on statehood will not be taken in New Delhi but in Islamabad. The Centre has stressed several times that militancy has been instigated from Pakistan, so if you argue that statehood will be given when guns fall silent, then you are leaving this decision up to Pakistan”.

He also detailed the difficulties of functioning under a Union Territory set-up, stating that even for Monday’s debate, the Law Department sent an opinion to the Speaker stating that it was sub judice. “I believe the chief secretary also wrote to you (Speaker). On whose directions was this done? I am the law minister; this opinion has been sent to you, and I haven’t even seen this. This is a direct result of being in a UT. Can you imagine this is any other state, that the CM moves a resolution and the law secretary gives an opinion against it?”

He added that not being a state “affects us daily”, listing a range of issues in running the revenue department, control of the Islamic University of Sciences and Technology (IUST) and Bana Ghulam Shah Badshah (BGSB) University, and issues on the rationalisation of reservation, among other concerns. “We formed a committee for the regularisation of daily wagers. They haven’t submitted their report till today. Why? Because we are a UT,” he said.

He highlighted that the J&K Reorganisation Act stresses that only security and law and order are the LG’s domain. “But why has the revenue department been kept out of the purview of the elected government? So many institutions are there which are not under our control. Today, even the cultural academy is not under our purview. What has the cultural academy to do with law and order?” he questioned.

Story continues below this ad

Terming the resolution controversial, LoP Sunil Sharma earlier stated that the BJP favours restoration of statehood but “the language used in this resolution is unacceptable and the pre-1953 position taken here, that was rejected by the BJP, it’s unconstitutional”.

The BJP walked out, raising slogans against the government, just as the resolution was passed by a voice vote.

At least eight MLAs, including those from the ruling National Conference, the Congress and the PDP, had sought amendments to the resolution to include mention of Article 370 and 35A, alongside “condemnation of the events of August 5, 2019”.

As the session began Monday, the BJP legislators moved a motion to remove the Speaker of the House, signed by 23 members of the BJP legislative party. However, the Speaker pointed to the Rules of Procedure and Conduct of Business, stating that “even if this motion is included in the list of business, the motion can be dated 14 days after it is moved”.

Story continues below this ad

The BJP continued to raise slogans throughout the session until the House was adjourned at 2 pm.