A humongous gap btw resolutions and reality

Even the Valley’s most popular BJP leader Vajpayee dumped an Assembly resolution on autonomy

Srinagar: The resolutions passed in the Indian democratic institutions set an agenda and build up a narrative but these are different from legislation that impacts the ground realities. The ruling National Conference’s Nowshera MLA and Deputy Chief Minister Surinder Kumar Choudhary’s resolution, which was adopted by the Jammu and Kashmir Assembly with a voice vote of two-third majority amid a pandemonium on Wednesday, is no different.
Evidently, there was a competition between the Kashmir-based parties—the ruling as well as the Opposition—since the very commencement of the Union Territory Assembly’s maiden session over bringing a resolution for the erstwhile State’s withdrawal of Statehood and semi-autonomous status in August 2019. This notwithstanding the fact that the country’s highest judicial forum has upheld the BJP government’s decisions of 2019 and the country’s highest political leadership is committed to restoration of Statehood.
PDP’s Waheedur Rehman Para was the first who tried to steal the show by reading out from a page during the obituary references. He sought revocation of the changes made in August 2019 and ‘constitutional guarantees’ granted to Jammu and Kashmir by the Constitution. His text though, didn’t specify abrogation of ‘Article 370’.
In the morning on Wednesday, the Assembly Secretariat received an adjournment motion from the Peoples Conference’s MLA Sajad Lone, seeking adjourning of the motion of thanks over the Lieutenant Governor’s address. Both were rejected by Speaker Abdul Rahim Rather. He averred that he had not received any resolution from the PDP MLA in advance as per the laid down procedure.
Leader of the House and Chief Minister Omar Abdullah asserted that the Government was not against such a resolution but maintained that it should come up at its proper time. He alleged that Para’s move was ‘only for the cameras’.
On Wednesday, Lone’s adjournment motion was rejected. The Speaker’s contention was that such a motion was ‘time barred’ and should have been submitted immediately after the LG’s address concluded on Monday.
Everybody knows that there is a proper procedure for filing the government as well as the private members’ resolution.
On the other hand, the ruling National Conference got its own resolution, loosely identical to that of Para, tabled in the House strategically by a Hindu and resident of Jammu. It was seconded by NC’s senior leader and Cabinet Minister SakeenaItoo.
The tactfully drafted resolution avoided the direct mention of ‘Article 370’ and like Para and Lone spoke of “the importance of the special status and constitutional guarantees, which safeguarded the identity, culture, and rights of the people of Jammu and Kashmir”. It expressed concern over their “unilateral removal”.
“This Assembly calls upon the Government of India to initiate dialogue with elected representatives of people of Jammu and Kashmir for restoration of special status, constitutional guarantees and to work out a constitutional mechanism for restoring these provisions”, said the government’s resolution.
Out of 88 members, only 28 of the BJP opposed it. Aam Admi Party’s MLA from Doda stood neutral but intermittently spoke against the BJP. It was passed with a two-third majority voice vote as 28 stood against it and 59 in favour. They included PDP and some independents who had been labelled as BJP’s proxies during the Assembly elections.
Even as everybody from the treasury benches maintained support to the resolution in their statements after the day’s business, BJP threatened to stall the proceedings of the next two days until the resolution was withdrawn. Speaker Rather expressed his helplessness, arguing that he had no role in getting a resolution passed, failed or withdrawn. It appears that the motion of thanks over LG’s address, which would have been normally supported by BJP, is landing in rough weather.
Even the Indian Parliament’s resolution for retrieval of the areas of Pakistan-occupied Jammu and Kashmir, which was passed on 22 February 1994, is still on the papers alone.
On 26 June 2000, the National Conference government headed by the Chief Minister Dr Farooq Abdullah got a resolution for restoration of ‘greater autonomy’ passed unanimously in the bicameral J&K Legislature. All members, including 8 MLAs of BJP, 7 MLAs of Congress, 5 MLAs of Janata Dal and 4 MLAs of BSP voted in favour of the resolution. The resolution actually adopted the recommendation of the Autonomy Committee which had been constituted by Farooq Abdullah’s government on an assurance from the then Union Government that J&K would be granted the special status as it existed as per the Delhi Agreement in 1952-53.
The NC government submitted it to the Union Government of Prime Minister Atal Behari Vajpayee who is, till date, rated as Kashmir’s most popular BJP leader.
Even as Prime Minister Narendra Modi and Home Minister Amit Shah have declared that J&K would get back its Statehood, both the leaders are hardliners and a contrast to Vajpayee. By all likelihood, the J&K Assembly’s resolution, passed on Wednesday, would meet the same fate as the one in 2000 did in Vajpayee’s regime.
The Farooq Abdullah government’s resolution on greater autonomy was considered and rejected by the Union Government in spite of the fact that NC’s MP and Farooq Abdullah’s son Omar Abdullah was a member of the same Council of Ministers.
“The government is committed to the promotion of federal harmony by ensuring a partnership of the Centre and the States as laid down in the National Agenda for Governance of the National Democratic Alliance”, said an official release of the minutes of the Cabinet meeting.
It added: “The National Agenda for Governance of the NDA states in no uncertain terms that "there is a clear case for devolution of more financial and administrative powers and functions to the states."
It further said that "suitable steps will be taken to ensure harmonious Centre-State relations in the light of the recommendations of the Sarkaria Commission…" In the last two years, the government had taken several steps in this direction.
“The government reaffirms its commitment to continuing its endeavour to evolve a broad consensus on the implementation of steps for wide-ranging devolution of powers to the State that leads to efficiency in administration, acceleration in development and the fullest realisation of the creative potential of all sections of our people. The setting up of a Commission to review the Constitution is also a step in this direction”, added the official note.
“In the above context, the Cabinet finds the resolution passed by the State Assembly of Jammu and Kashmir endorsing the report of the State Autonomy Committee unacceptable. The Cabinet feels that the acceptance of this resolution would set the clock back and reverse the natural process of harmonising the aspiration of the people of Jammu and Kashmir with the integrity of the nation”, read the note, declaring the resolution as “unacceptable”.
“Most of the recommendations contained in the report of the State Autonomy Committee seek to reverse the application of constitutional provisions to the State of Jammu and Kashmir which may not only adversely affect the interests of the people of the State but would also tantamount to removal of some of the essential safeguards enshrined in our Constitution. Besides, the issue of restoring the constitutional situation in Jammu and Kashmir to its pre-1953 position had been discussed in detail by Sheikh Mohammad Abdullah with Prime Minister Indira Gandhi in 1974-75. It is noteworthy that the agreement signed after these negotiations had affirmed that "provisions of the Constitution of India already applied to the State of Jammu and Kashmir without adaptation or modification are unalterable", it said further.
It added: “The Cabinet urges the people and the Government of Jammu and Kashmir to join hands in the endeavour to address the real problems facing the State: to root out insurgency and cross-border terrorism and to ensure accelerated development. The Centre will continue to provide all possible assistance for attaining these objectives.
“The cabinet, therefore, decides not to accept the resolution passed by the Jammu and Kashmir Assembly on the report of the State Autonomy Committee. The Government is of the firm conviction that national integration and devolution of powers to States must go together”.

Updated On 11/7/2024 2:19:01 AM