J&K Assembly Passes Special Status Resolution; NC Hails It As Fulfilment Of Article 370 Promise, Mehbooba Calls It Half-Hearted

As the Jammu and Kashmir Assembly convened today, deputy chief minister Surinder Choudhary stood up and read the resolution seeking special status for Jammu and Kashmir. The resolution was passed by the Assembly with a voice vote with the National Conference legislators saying that they have fulfilled the poll promise. The National Conference in its manifesto had kept the restoration of Article 370 as the main agenda of the party. However, the Peoples Democratic Party called it “half-hearted resolution” saying it has not mentioned Article 370 and has not condemned the decisions of August 5, 2019 when Article 370 was removed.

The resolution

There was calm in the House as Choudhary began to read the resolution. The resolution says, "That this Legislative Assembly reaffirms the importance of the 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.”  

"This Assembly calls upon the Government of India to initiate dialogue with elected representatives of people of Jammu and Kashmir for restoration of special status constitutional guarantees and to work out constitutional mechanisms for restoring these provisions,” the resolution says. “This Assembly emphasises that any process for restoration must safeguard both national unity and the legitimate aspirations of the people of Jammu and Kashmir."

While the resolution didn’t mention Article 370, Article 35A, August 5, 2019 and J&K Reorganisation Act, the resolution assumes importance as it talks about the “unilateral removal” of the special status.  

On August 5, 2019, the Bharatiya Janata Party-led NDA government abrogated Article 370 and split Jammu and Kashmir into two Union Territories, Jammu and Kashmir and Ladakh, amid a communication blockade, and the arrest of thousands of people including three former Chief Ministers, Dr. Farooq Abdullah, Mehbooba Mufti, and Omar Abdullah.

The resolution also keeps a window open for the government for broader talks on the special status by insisting on “initiating dialogue with elected representatives of people of Jammu and Kashmir for restoration of special status.”

BJP’s opposition

After Choudhary read the resolution, the Bharatiya Janata Party (BJP) legislative leader Sunil Sharma said the resolution was not scheduled for the day. He said his party was opposing the resolution. When Sharma insisted the parties are in a “race” for such resolutions, the Health Minister Sakina Ittoo objected to him saying, “it is not any race competition but struggle for our rights and we will fight for our rights.” Ittoo accused the BJP of committing mistakes during the past several years and said her government has the right to ratify such mistakes. She described the resolution as “democratic right” and told the BJP legislators that they cannot dictate the House on what motion should be brought and what shouldn’t.

As the BJP legislators raised their voice, the treasury benches sought votes on the resolution demanding that the resolution be passed. Unperturbed over the noise, the Chief Minister Omar Abdullah was calmly sitting watching the proceedings. Congress Member Nizamuddin Bhat sought wider discussion on the resolution. As the opposition created ruckus, the speaker Abdul Rahim Rather insisted he would put the resolution to the vote if no member was interested in the discussion. The speaker subsequently pressed the motion for the voice vote and it was passed. After that the BJP members stepped into the well to protest, the speaker adjourned the House.

Outside the Assembly, the NC member of parliament Aga Ruhullah Mehdi, who has been a strong opponent to the abrogation of Article 370, told reporters the party had stuck to its promise that on the “first day of the Assembly session they will move resolution for the special status.”

“Technically today was the first day of the Assembly session and we moved the resolution,” he said. Mehdi, who preferred to see Assembly proceedings from the visitors’ gallery, said they have fulfilled the promises. “It is just beginning,” he said. Mehdi, who among the NC leaders is considered the most hardliner on Article 370, said the resolution represents the sentiments of the people. “We have not got the mandate in these elections. We represent the sentiments of people and the resolution is a representation of their sentiment,” Mehdi said. He asked the opposition to stay away from “theatrics” and allow the government to achieve its objectives.

What NC manifesto said

In its manifesto the NC had stated that "restoration of our political and legal status strives for the full implementation of the Autonomy Resolution passed by the Jammu and Kashmir Assembly in 2000".

"We strive to restore 370-35A, and statehood as prior to August 5, 2019. In the interim period we will endeavour to redraw the Jammu and Kashmir Reorganization Act, 2019, and the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. The Jammu and Kashmir assembly, in its first list of business after elections, will pass a resolution against the centre's decision to strip the region of its statehood and special status. Make efforts to modify, annul, and repeal post-August 5, 2019, laws that impact the special status of Jammu and Kashmir. Protect the land and employment rights of the people of Jammu and Kashmir,” the party manifesto reads.

Mehbooba Mufti calls it "half-hearted"

Former Chief Minister and the PDP president Mehbooba Mufti called the resolution half-hearted. She said the PDP leader Waheed Parra on the first day of Assembly introduced a resolution and it is because of that the ruling party started a similar exercise. “But they have started it as a half-hearted exercise,” Mehbooba Mufti said.

Parra’s resolution reads: “The House opposes the revocation of special status of Jammu and Kashmir through the J&K Reorganisation Act 2019 and calls for its complete rescinding.  The House further strives for the restoration of special status and all constitutional guarantees granted to Jammu and Kashmir in their original and pristine form.”

That day when Parra brought the resolution it took time for the BJP members to react as they stood to oppose Parra’s resolution. Parra was supported by Peoples Conference MLA and leader Sajad Gani Lone, Awami Ittehad Party member Sheikh Khurshid and PDP’s two members.

Later responding to Parra’s move, Chief Minister Omar Abdullah said that the Assembly of Jammu and Kashmir reflects sentiments of people of Jammu and Kashmir. “The fact is that the people of Jammu and Kashmir didn’t approve the decision of August 5, 2019. If they would have approved it, the results would have been different. We would not have been on the treasury benches and we are those who raised their voice against decisions of August 5, 2019,” Omar said.

“How the House will reflect it (sentiments of people) and how it will discuss it and how it will be debated, a single member cannot decide it,” Omar had said while alluding to Parra. “Once the session for the private member bills will begin, any member of the House can bring any bill but in this session what kind of resolution will be brought, it will be decided by the government,” Omar had added.

Reacting to today’s resolution, Mehbooba said, the NC has not stated they are opposing decisions of August 5 2019. “They have not stated that Article 370 should be restored. They have only said it is our concern and there should be dialogue on the issue.”

“Are they seeking dialogue with those who today opposed their resolution? I feel the resolution brought by the PDP was better in contrast to today’s resolution,” Mehbooba said. She said they should have made “restoration of special status” as a part of the resolution. Former Chief Minister sought amendments in the resolution and insisted that her party would bring amendments in the resolution seeking restoration of Article 370 and condemning the decisions of August 5, 2019.