New Delhi: On November 4, when the Jammu and Kashmir assembly sprang to life after six long and unsettling years, along with it, also came to life the accusations, allegations and arguments over Article 370 – a constitutional guarantee guarding the region – which was read down by parliament under the aegis of the Narendra Modi government in 2019.
Day one unfolded with MLAs of the Peoples’ Democratic Party (PDP) racing with a self- articulated resolution for the restoration of Article 370- with no prior consultation with other members of the Assembly. PDP’s letter to the Speaker Abdul Rahim Rather not only resonated with condemnation but was also meant to convey the urgency which they had shown to speak about Article 370.
Subsequently, on November 6, when the deputy chief minister and National Conference (NC) leader Surinder Kumar Chaudhary, declared that the assembly “reaffirms the importance of special status and constitutional guarantees which safeguarded the identity, culture and rights of the people of Jammu and Kashmir and expresses concern over their unilateral removal” – the event was met with chaos, manhandling and sloganeering. The BJP was adamant to show that they weren’t party to the tabling of any resolution that carried the faintest whiff of Article 370.
But this did not end here. Several legislators from other parties like PDP, JKPC, Awami Ittehad Party, also brought in a fresh Article-370 resolution to the Assembly on November 7. This session turned violent as this new resolution drafted by non-NC leaders became a major bone of contention with leaders engaging in a scuffle.
Statehood, Special Status and Suspicion
Merely 10 days after winning the assembly elections, at their first cabinet meeting, the J&K cabinet unanimously adopted a resolution seeking restoration of statehood to Jammu and Kashmir. A day later, on October 19, Jammu and Kashmir Lieutenant Governor Manoj Sinha cleared a resolution passed by chief minister Omar Abdullah-led Cabinet urging the Union government to restore statehood to the Union Territory.
The restoration of statehood was not only on the NC’s election manifesto, but was also emphasised by Prime Minister Narendra Modi and Union home minister Amit Shah that the region would return to statehood, post the assembly elections. No real timeline was specified by them.
Recently however, when the NC came up with its own resolution for restoring Article 370, it was labelled as ‘weak worded’ by the opposition, and totally dismissed by BJP MLAs. Sajad Lone, MLA Handwara and Peoples Conference President called for a reinforcement of the recently passed resolution, deeming it “weak” and criticising its lack of mention of Article 370, 35A, as well as the absence of an explicit condemnation of the unilateral decisions of August 5, 2019. Several Kashmiri leaders also expressed suspicion over NC’s soft stance over restoration of Article 370.
Lone told The Wire:
“This was the first assemblage of people of J&K in the form of an assembly after August 5, 2019. We may be disempowered and a UT. But in the context of August 5, 2019 the present assembly is the most potent and relevant constitutional and political institution. It comes nearest to having the representative character to accept or reject August 5, 2019, and reflects the will of the people. That won’t change anything. But it would be a historical milestone. An unambiguous rejection would have set the record straight that the decision of August 5 was taken against the will of the Kashmiri people.”
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About NC’s articulation of the resolution, he said that he failed to understand what the compulsion was to be so tactical and miserly with words.
“Where in this resolution have the words ‘Article 370′, ’35A’ or ‘August 5’ been used? There was not even an indirect reference. The word special status is from political folklore not from the constitution. These words do not exist in the constitution. Now even the Congress is saying that 370 is not a part of the resolution. They are their ally. What more proof does one need?” Lone asked.
The resolution or resolutions for the restoration of Article 370 must be mindful of the kind of resolutions that previous committees have articulated. Previous resolutions with their demands for the restoration of the pre-1953 status in the relationship between the Union government and the state have been key in strengthening the bond between the Union of India and the region of Jammu and Kashmir. Though diluted and forgotten over the years, on July 1, 2000, after a week-long debate, a resolution was passed in the legislative assembly of Jammu and Kashmir. This resolution called for restoration of the pre-1953 status of the state of Jammu and Kashmir, in which the J&K government would have control over all matters except defence, communications and foreign affairs. This resolution, through the State Autonomy Committee which was shaped in November 1996 right after the National Conference formed the government in October – was carved out with the hope to hand to the people of Jammu and Kashmir a special power, a status that would be guarded by the constitution of India. This status, in a way, guaranteed that the state and its people were valued for the trust they put while acceding to India, unlike the resolution passed on November 6, 2024.
Also read: Amidst ‘Jai Shree Ram’ Chants, J&K Assembly Passes Resolution to Restore Special Status
Restoration amid rebellion
Though senior BJP leader and former J&K minister Sunil Sharma was among the first to oppose the move, according to Shagun Parihar, MLA Kishtwar, it was looking like a contest between which party would claim the floor first for raking up the contentious issue.
“It looked like Waheed Para and Omar Abdullah were competing to steal the limelight in connection with Article 370. I admit that it was on their manifestos, but several other agendas like electricity, water supply, education were also on their manifestos, which need attention. They are still trying to fool Kashmiris using Article 370” Parihar told The Wire.
Parihar, in her statement, is majorly echoing the words of Prime Minister Narendra Modi, who days ago, at an election rally in Nashik, said that his govt would never allow the restoration of Article 370.
On November 8, after the J&K assembly passed the resolution demanding the restoration of Article 370, Modi said that the action was part of a conspiracy against the union territory, simultaneously attacking the NC-Congress Alliance.
Democracy diluted
At the core of the controversy is PDP’s MLA from Pulwama, Waheed Para – who shifted shape during the days that the assembly was in session. From meekly getting a letter delivered to the Speaker in session, to raging in anger for his voice to be heard, Para was also seen snatching resolution papers from opposing members, trying to save them from being torn and tossed around.
“I feel it is important for us to fight back, to make our voice heard, to stand against the wrongs that were committed against us” Para said. The Wire asked Para what his next move would be, considering that the Union Government would most probably not assent to the resolution; he said that he would still want to continue pushing for the rights that were snatched from Kashmir. “We need our guarantees back, bestowing us with our constitutional rights would act as a confidence building measure between the government of India and people of Kashmir” he said.
For academic Siddiq Wahid, the events that defined the assembly session were a consequence of the deep trust deficit between the peoples of J&K and the Union government. “Whether it will result in the “restoration” of the former state’s dignity, autonomy and laws will depend on the intentions of the UT and Central government. ‘We the people’ of the former state wait to see,” Wahid said.
The Wire contacted MLAs and office bearers of the National Conference, but they were not available for comment.
