J-K Assembly ‘special status’ resolution sparks debate over autonomy and Article 371

SRINAGAR — The Jammu and Kashmir Legislative Assembly’s resolution seeking the restoration of ‘special status’ sends a strong message that the people reject the Indian Parliament’s unilateral decision of August 5, 2019, according to some political observers.

“This move underscores the region’s determination to reclaim its autonomy, emphasizing that the people’s voices will not be silenced. By passing this resolution, the Assembly reaffirms its commitment to safeguarding Jammu and Kashmir’s unique identity and interests, making it clear that the unilateral decision is unacceptable,” former Kashmir Interlocutor Radha Kumar said.

She slammed BJP legislators for threatening to disrupt the Assembly proceedings, calling their actions undemocratic and unjustified given the resolution’s majority vote passage. “By creating such a ruckus, the BJP is essentially giving the people of Kashmir every reason to reject the Parliament’s decision to revoke Article 370,” she asserted.

“Although the resolution may not have immediate implications, it’s a significant step in expressing the region’s discontent. If Kashmir’s political parties vigorously pursue this resolution, it could pressure the Indian government to offer Article 371, providing similar special provisions as enjoyed by other states,” she said.

Article 371 of the Indian Constitution contains special provisions for various states, including six in the Northeast. These provisions were designed to address the unique needs and circumstances of each state. “Now, there’s speculation that Article 371 could replace Article 370 in Jammu and Kashmir. I don’t know as it’s only speculation,” Radha Kumar said.

She expressed surprise over criticism from various political parties regarding the Legislative Assembly’s resolution on special status. Radha emphasized that now is the right time for like-minded parties to form a consensus and initiate dialogue with national opposition parties.

“Instead of criticizing each other, J&K parties should unite and engage with both the Centre and opposition parties,” she said and highlighted statehood as the primary demand, urging parties to join forces and pressure the Central government. “By forming a united front, J&K parties can effectively advocate for their concerns.”

Kumar also emphasized the importance of addressing the erosion of federal powers, calling on opposition parties to speak out on this issue.

While replying to a question, Radha Kumar cast doubt on the Centre’s plans for restoring full statehood to Jammu and Kashmir, questioning whether it will happen all at once or in phases. Tushar Mehta, she said, representing the government, had hinted at a phased approach in the Supreme Court. She urged J&K parties to unite, putting differences aside, and seek opposition support to achieve full statehood.

In his reaction, however, the former Intelligence Chief of India, AS Dulat downplayed the significance of the Legislative Assembly’s resolution, stating that it won’t have any substantial implications. He pointed out that Chief Minister Omar Abdullah views the resolution as a fulfilment of the Assembly’s duty, and it aligns with the National Conference’s manifesto.

“Omar Abdullah himself said that the Assembly has done its job,” Dulat was quoted as having told the news agency KNT.

Renowned lawyer Advocate Sheikh Shakeel said the resolution seeking restoration of special status is a powerful statement that the people reject the Parliament’s verdict. He said that this resolution has immense significance, conveying a clear message that the people oppose the unilateral actions of the Parliament. What’s crucial, according to Shakeel, is that this resolution was passed by a democratically elected Assembly with a majority vote, underscoring its legitimacy.

Notably, the resolution, moved by Deputy Chief Minister Surinder Choudhary, aims to restore the special status revoked by the Centre in 2019. Despite opposition from BJP members, the resolution was passed by a majority vote. The resolution highlights the importance of safeguarding national unity as well as the legitimate aspirations of the people of Jammu and Kashmir.