A government has been formed in Jammu and Kashmir. National Conference leader Omar Abdullah took over as chief minister on Wednesday. Omar Abdullah was the first chief minister of Jammu and Kashmir after it became a Union Territory. Abdullah also previously served as chief minister from January 2009 to January 2015.
When elections were held in Jammu and Kashmir in 2014, the number of National Conference seats was reduced to 15. However, this time the party won 42 seats. His commitment played a large role in the victory of this national congress. The National Conference promised to restore full statehood to Jammu and Kashmir and restore Article 370.
After the swearing-in ceremony on Wednesday, Omar Abdullah’s father and former chief minister Farooq Abdullah said the state was full of challenges and hoped the current government would deliver on the promises made in the manifesto. This is a “crown of thorns”, may Allah make him (Umar) successful and fulfill the expectations of the people.
Meanwhile, Omar Abdullah’s son Zahir said the new government’s top priority is to restore full statehood. Zahir said we will fight for the restoration of Article 370 after gaining full statehood. Article 370 has always been our top priority.
What did Omar Abdullah say?
A few months ago, Omar Abdullah refused to run in the parliamentary elections. He believed he did not want to be the chief minister of a state where he had to petition the lieutenant governor to appoint his employees.
However, later Omar Abdullah changed his mind and contested elections from two seats, Budgam and Ganderbal, and won both seats.
Restoration of Article 370 and full statehood became major issues in the elections. Omar Abdullah said before taking oath on Wednesday that Jammu and Kashmir will not remain a union territory for long. He said Prime Minister Narendra Modi and Home Minister Amit Shah have promised to restore full statehood to Jammu and Kashmir and we hope this will happen soon.
Deputy Chief Minister Surinder Singh Chaudhry also said that the promises made by the Center to the people of Jammu and Kashmir are expected to be fulfilled and full statehood will be restored soon.
Also Read: Omar Abdullah’s journey to becoming chief minister was not easy, know how the ‘power’ play has changed in J&K.
But how will all this happen?
The day after the election results were announced, Omar Abdullah said that at the first cabinet meeting after the formation of the government, a resolution calling for the restoration of full state status would be passed.
Meanwhile, after the results were announced, Omar Abdullah had said that as a federal territory, there are many things that can be done and many things that cannot be done. But we hope that Jammu and Kashmir will not remain a Union Territory forever. We hope that Prime Minister Modi will restore the status of Jammu and Kashmir as soon as possible.
Omar Abdullah has said that the Prime Minister and the Interior Minister have committed to restoring statehood and I think it should be done as soon as possible.
If the proposal passes, will it gain status?
No. Even if Omar Abdullah passed a resolution calling for the restoration of statehood at the first cabinet meeting, it would only be an attempt to put pressure on the centrists, but it would not have much effect.
After the proposal is passed, it will be submitted to the central government. It will be up to the Center whether to restore full statehood to Jammu and Kashmir.
In 2019, Jammu and Kashmir became a Union Territory through the Jammu and Kashmir Reorganization Bill. If Jammu and Kashmir has to become a full-fledged state, then this law has to be changed and this can only be done in Parliament.
What would happen if we gained full statehood?
Post-2019, the constitutional structure of Jammu and Kashmir has undergone radical changes. Now the lieutenant governor plays a bigger role than the government there.
The Jammu and Kashmir Reorganization Bill 2019 provides that Parliament can make laws on all matters except police, law and order. But there is a problem. If a state government makes a law on any subject in the state list, then it must take care not to affect the central law.
Apart from this, the Act also has a provision that no bill or amendment shall be introduced in Parliament except with the approval of the Lieutenant Governor.
Overall, now the Lieutenant Governor has everything in Jammu and Kashmir. Although the government has the power to make laws on matters other than police, law and order, the approval of the Lieutenant Governor is still required.
If Jammu and Kashmir gets the status of a full state, then all powers will go to the government. The Jammu and Kashmir Legislative Assembly can make laws on all matters. Once full statehood is achieved, any law can be implemented with just the governor’s signature.
Not only that, currently only 10% of the total parliamentarians in Jammu and Kashmir can serve as ministers. If state status is fully restored, 15% of provincial MPs can serve as ministers.
Also read: No ‘Jawa’ in Jammu, no ‘place’ in Kashmir… Where did the BJP go wrong in Valley politics?
So will another election be held?
In this case, the question is, if the status of a full state is restored, will another election be required?
Experts deny this. Constitutional expert Rakesh Dwivedi said there was no need to dissolve Parliament. Senior advocate Gopal Shankaranarayan also said restoration of statehood would not have any impact as the Parliament has already been constituted.
Rakesh Dwivedi said there was no need to dissolve Parliament. The General Assembly will continue its work. Parliament only needs to amend the Jammu and Kashmir Reorganization Act under Articles 3 and 4 of the Constitution.
What is the central government’s position?
On December 11 last year, the Supreme Court upheld the decision to delete Article 370. However, the court also ordered elections to be held in Jammu and Kashmir and its full statehood restored.
Solicitor General Tushar Mehta, who was appearing for the Centre, said full state status would be restored soon.
From the Parliament to the Supreme Court, the central government has been talking about granting full statehood to Jammu and Kashmir. Last year, during the Supreme Court hearing on the petition for abrogation of Article 370, the central government had said that the decision to bifurcate Jammu and Kashmir into two Union Territories was temporary. The Center has said that Ladakh will remain a Union Territory but Jammu and Kashmir will soon become a state.
During the Lok Sabha elections, Prime Minister Narendra Modi promised at an election rally in Udhampur that the full status of Jammu and Kashmir would be restored soon. He reiterated the same at a rally in Doda in September. Home Minister Amit Shah has also said at several rallies that full statehood will be restored to Jammu and Kashmir after the elections.
Recently, Union Minister G. Kishan Reddy also said that the demand for restoration of statehood will be considered in due course. Kishan Reddy is in charge of the BJP in the Jammu and Kashmir elections.
Next…?
The central government has every right to grant full statehood to Jammu and Kashmir. Only the central government can restore the status of a full state through parliamentary amendments to the Jammu and Kashmir Reorganization Bill 2019.
In the midst of all this, a new petition was filed in the Supreme Court seeking restoration of statehood. The new petition was filed on behalf of Zahoor Ahmed Bhat and Khurshid Ahmed Malik. It was said that the Supreme Court had ordered restoration of statehood last year and it should have been completed within a stipulated time. A bench of Chief Justice DY Chandrachud has agreed to hear the petition.
At the same time, a petition was also submitted to the Supreme Court a few days ago, asking the court to order the central government to restore statehood within two months.
