J&K Assembly Passes Statehood Resolution as BJP Walks Out

The Jammu & Kashmir Assembly on September 25 passed a resolution urging the Centre to restore statehood to the Union Territory, capping a noisy autumn session in which the opposition BJP staged a walkout while raising slogans against the government. The resolution was moved by Chief Minister Omar Abdullah and carried by a voice vote.

Speaking during the debate, Abdullah said the wait for statehood had already run to two years, and referred to the Supreme Court's observation that restoration should come at the earliest after the Union Territory's elections. He asked what the phrase "at the earliest" was meant to signify if two years could pass without a decision, and said he had repeatedly sought clarity from the Centre on what constituted the "opportune moment" for restoring statehood.

The Chief Minister questioned any link between the timing of statehood and the security situation, arguing that if restoration were made contingent on militancy ending, the decision would effectively be outsourced to Pakistan rather than taken in New Delhi. He noted that the Centre has itself maintained that militancy in the region is instigated from across the border.

Abdullah also described the practical constraints of governing a Union Territory. He said the Law Department had sent an opinion to the Speaker describing the debate as sub judice, and that the chief secretary had also written to the Speaker. As law minister, he said, he had not seen the opinion. He cited difficulties in running the revenue department, control over the Islamic University of Sciences and Technology and Bana Ghulam Shah Badshah University, and the rationalisation of reservation. A committee formed to regularise daily wagers had yet to submit its report, he added.

Referring to the Jammu & Kashmir Reorganisation Act, Abdullah said only security and law and order fall within the Lieutenant Governor's domain, and asked why the revenue department and institutions such as the cultural academy lay outside the elected government's purview.

Leader of the Opposition Sunil Sharma called the resolution controversial, saying the BJP supports the restoration of statehood but objected to its language and to the pre-1953 position, which he described as unconstitutional and previously rejected by his party. BJP members walked out as the resolution was passed.

At least eight MLAs, including from the ruling National Conference, the Congress and the PDP, had sought amendments to include references to Article 370 and 35A and a condemnation of the events of August 5, 2019. Earlier in the session, BJP legislators moved a motion to remove the Speaker, signed by 23 members of the party's legislative group. The Speaker cited the Rules of Procedure and Conduct of Business, noting that even if listed, such a motion could be dated 14 days after being moved. Sloganeering continued until the House was adjourned at 2 pm.