Negotiating statehood- elevation of UT or restoration of status

G L Raina
Jammu and Kashmir Government led by Omar Abdullah has passed a resolution calling on the central Government of BJP led NDA to restore statehood for Jammu and Kashmir. Even though the cabinet passed resolution in its first meeting on October 17, 2024, this development remained shrouded in mystery in absence of official confirmation. Both the Government and the National Conference (NC) party chose to maintain a silence, until opposition parties in Kashmir valley started criticizing the Government and NC for maintaining secrecy and silence on the matter.
Rhetoric or reality
It was on the 19th of October that news agency PTI quoting officials reported that Lieutenant Governor Manoj Sinha has cleared a resolution passed by Chief Minister Omar Abdullah-led cabinet urging the Centre to restore the statehood to the Union territory. There were no details nor did the press release issued by the official spokesperson mention anything about the Lieutenant Governor clearing the resolution.
The original resolution, as is claimed to have been passed unanimously by the cabinet “for restoration of statehood in its original form” is not available on any website also. It seems to be like the Delhi Agreement which is nowhere to be seen in black and white. Is it just an empty talk or is there some substance in these assertions- we have nothing in hand to confirm or deny the same.
The difference between rhetoric and reality lies in the distinction between how things are presented and how they actually are. The truth is always interesting and inspiring without distortion. For centuries we have been listening that “truth is stranger than fiction”. People of Jammu Kashmir have experienced it repetitively.
Words, we know mean more than that is set down on paper. Context, perception and circumstances play a vital role in deciphering the meaning of a word. Hence the same words can have different meanings to different people. Leaving the semantics or the study of these different meanings let us come to the subject straight away..
Restoration & return
The cabinet resolution claimed to have been passed unanimously is reportedly asking “for restoration of statehood in its original form”. Sh. Ram Madhav ji, BJP in-charge for the recent Jammu and Kashmir Assembly elections, in an interview to a media outlet stated that people should stop using ‘restore’ and ‘return’ in connection with the Statehood of Jammu Kashmir.
It was few days after the news of cabinet resolution and subsequent claim that LG Manoj Sinha has also cleared it was published by various news publications. This interview has become point of discussion. Comments of Ram Madhav ji has also a context which he tried to explain by saying that the Jammu and Kashmir that is now being talked about is a new entity.
This observation is not different from what was conveyed ever since 2019. This was even endorsed by the Ho’ble Supreme Court in its historic judgement of December 11, 2023. “We uphold the validity of the decision to carve out the Union Territory of Ladakh in view of Article 3(a) read with Explanation which permits forming a Union Territory by separation of a territory from any State”, said the SC judgement.
It is clear therefore that Jammu Kashmir will continue to be without Ladakh irrespective of whether it remains a Union Territory or becomes a state in future. Return & restoration effectively means bringing back to a former position or condition or putting back into original state. After fulfilling a long cherished demand of the people of region and creation of the Union Territory of Ladakh restoring Jammu and Kashmir back to its pre-August 2019 position is not possible. Hence what Ram Madhav ji said is absolutely correct.
Elevation of UT
This however does not mean that the UT of Jammu Kashmir can’t be upgraded to a state. Elevation of JK-UT to the status of a state is commitment of the leadership of BJP, both inside and outside the Parliament. Hon’ble Home Minister Amit Shah ji was emphatic and categorical in this regard in both houses of the Parliament on August 5, in Rajya Sabha and on 6th August 2019 in Lokasabha. It is better to go to the records and study the use of words by Home Minister carefully to avoid any delusion.
Responding to the discussion in Rajya Sabha on December 5, 2019 at around 18.15 hrs Home Minister said
MEIN NISCHIT ROOP SE UNKO AASHVAST KARNA CHAHTA HOO KI JAISE HEE NORMAL PARISTHITI HO JAYE GEE; UCHIT SAMAI AAYEGA , ISKO PHIR SE STATE BANANE MEIN HUMEIN KOIE AITRAZ NAHI HAI
MAGAR AAJ JIS PRAKAR KE BHASHAN HO RAHEY THEY , MUJE LAGTA HAI THODA LAMBA SAMAI RAHEGA, KYONKI YEH BHASHAN BAAD MEIN GHATI MEIN BHI HONE WALA HAI
AGAR STHITI NORMAL HOTI HAI, TO HUMEIN ISKO ZYADA KARNE KA SHOK NAHI HAI AUR NA HUM CHAHTE HAI
(https://sansad.in/rs/debates/verbatim)
( I definitely want to assure them that as soon as the situation becomes normal, when the right time comes, we have no objection to it (J&K) becoming a state again.
But the way speeches were being made today, I feel that it will take a little longer, because these speeches are going to be made later in the valley also.
If the situation becomes normal, then we have no interest in extending it and neither do we want to )
Home Minister repeated this promise on the floor of Lok Sabha on August 6, 2019. Even Prime Minister Narendra Modi in his rallies repeatedly said Jammu Kashmir PHIR SE RAJYA BANEGA. That Jammu Kashmir will become a state again. It is clear therefore, that elevation of the UT of J&K to statehood in no ways can be return to old status with or without Article 370 & 35A. It however can and will be raised to status of a state full or half only time will tell.
Setting Priorities
There is hardly any disagreement about the Assembly election 2024 being one of the most polarised elections. Polarisation was clear on religious and regional grounds. National Conference which lost quite a significant number of assembly segments during parliamentary election held just a few months earlier became single largest party in assembly elections.
Jammu region is analysing election result differently as compared to Kashmir province. People of Kashmir may be content for now with the choice they made during the election. But in Jammu the voter and stake holders are considering ‘other’ options to ensure an end to the “Kashmir Centric” politics and discrimination with their area.
Ruling dispensation that assumed office in the UT has its own priorities. Although the Government is just a fortnight old yet the indication is not very pleasant. “Honhar birwan ke hot chikne paat”, they say. (Greatness of Great people is visible from their Childhood.) The Council of Ministers is yet to be constituted to its permitted limit of 10 ministers. People are waiting for delivery of poll promises on social welfare front like free electricity, upward revision of pension, regularisation of Daily wagers etc.
A decisive mandate in favour of the NC is less about the party’s popularity on the ground and more about the promises it made during election campaign and in its manifesto.
It is to be seen that will Omar Abdullah follow narrow political interest approach and carry forward traditional politics of his party or work for a new aspirational Jammu Kashmir that focuses on reconciliation and inclusiveness.
The author is a former Member of the Legislative Council of Jammu Kashmir and official spokesperson of BJP JKUT).