THE Jammu and Kashmir Assembly Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Union Territory and urging that “constitutional mechanisms” be worked out for the same. The resolution was passed by a voice vote, with all parties barring the BJP supporting it.
The resolution, moved by Deputy Chief Minister Surinder Kumar Choudhary, said: “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 the people of Jammu and Kashmir for restoration of special status, constitutional guarantees and to work out constitutional mechanisms for restoring these provisions.”
It added: “This Assembly emphasises that any process for restoration must safeguard both national unity and the legitimate aspirations of the people of Jammu and Kashmir.”
In the carefully worded resolution, there was no mention of the contentious Articles 370 or 35A.
The National Conference Resolution
The BJP stormed into the well of the House soon after Choudhary moved the resolution, and led slogan-shouting demanding that the resolution be withdrawn.
While supporting the Omar Abdullah government’s move, the Peoples Democratic Party (PDP) questioned why it had not criticised the abrogation of Article 370 or scrapping of special status fully, only “expressing concern” over it. PDP chief Mehbooba Mufti called the resolution “half-hearted”.
However, as Chief Minister Omar Abdullah implied, the resolution remains significant for being the first formal rejection of the changes brought about in J&K, including downgrading of the erstwhile state into two Union Territories. “(The) Assembly has done its job,” he told reporters, leaving the House after it was adjourned amid BJP protests.
PDP legislator Waheed Para, who moved a resolution on Monday categorically opposing the revocation of special status and calling for “complete rescinding” of the J&K Reorganisation, Act, 2019 – thus stealing a march over the Omar government – said the party would seek amendments in the government resolution.
Para told The Indian Express: “There was a political message in it (the resolution), and that has been sent across. The language of the draft should have been more categorical. They are begging for dialogue to restore special status. They haven’t even opposed or rejected it… We will move for an amendment… We want ‘This Legislative Assembly expresses concern over the unilateral removal…’ to be replaced with ‘This Legislative Assembly opposes and rejects the unilateral move…’.”
While the resolution was moved by Deputy CM Choudhary, it was seconded by Health and Education Minister Sakeena Masood. The choice of Chaudhary was tactical, as he is a Hindu leader from Jammu, a region less opposed to the abrogation of Article 370 and dominated by the BJP.
Leader of the Opposition Sunil Sharma termed the moving of the resolution against the rules, as it was not part of the House business. MLAs of non-BJP parties, barring a few of the Congress who remained silent, supported the resolution, including the PDP’s three legislators and People’s Conference’s Sajad Lone.
Speaker Abdul Rahim Rather urged BJP members to join the discussion on the resolution. But as they continued to protest and didn’t allow it, Rather warned he would put the resolution to vote. The BJP members still didn’t relent, and amid the pandemonium, Rather put the resolution to voice vote and it was passed.
BJP MLAs raised slogans such as “5 August zindabad”, “Jai Shri Ram”, “Vande Mataram”, “Anti-national agenda nahin chalega”, “Anti-Jammu agenda nahin chalega”, and “Speaker hai, hai” in the Assembly.
Later, LoP Sharma told reporters: “This resolution is illegal. It is unconstitutional. It has no sanctity, no validity… This Assembly is not bigger than Parliament, or the Supreme Court (both of whom upheld the abrogration)…. Article 370 is history and no one can repeat this history here now.”
BJP MLA Sham Lal Sharma said that contrary to the NC’s claims, “The mandate (of the Assembly polls) was in favour of abrogation of 370, because we (the BJP) got 26% of the votes while the NC got 23%.”
The BJP stormed into the well of the House soon after Choudhary moved the resolution, and led slogan-shouting demanding that the resolution be withdrawn. (Express photo by Shuaib Masoodi) 
The National Conference Resolution
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