J&K Assembly Passes Statehood Resolution, BJP Walks Out

(MENAFN- Kashmir Observer)

• BJP stages walkout, moves motion against Speaker; four MLAs marshalled out amid protests

• Omar questions delay in statehood restoration, says J&K's right cannot be treated as charity or favour

Srinagar- The Jammu and Kashmir Legislative Assembly on Monday passed a resolution calling for the immediate and urgent restoration of full statehood to Jammu and Kashmir, amid a prolonged uproar by opposition BJP members, who opposed the resolution, moved a motion seeking the removal of the Speaker and later staged a walkout.

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The resolution, moved by Chief Minister Omar Abdullah on Friday, was passed by voice vote after members who had proposed amendments seeking the restoration of special status agreed to withdraw them following the Chief Minister's appeal.

The resolution stated that, in addition to resolutions passed by the House on June 26, 2000 and November 6, 2024, the Assembly called upon the Government of India for the“immediate and urgent restoration of full statehood” to Jammu and Kashmir and resolved that it be forwarded to the Centre.

The 2000 resolution, passed by the then National Conference government headed by Farooq Abdullah, had sought restoration of greater autonomy as it existed before August 9, 1953. The resolution passed by the House in November 2024 had sought restoration of special status.

Several members, including those from the ruling National Conference, had moved amendments seeking to include restoration of special status in the latest resolution.

However, Omar urged the members not to press the amendments, saying the House had already passed resolutions on special status and that adding the demand again would provide the BJP an opportunity to oppose the resolution.

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“This House has already passed resolutions twice for special status - one in (former CM) Farooq Abdullah time, and the other in 2024 soon after formation of this government,” he said.

“We have asked the Centre to restore the special provisions which we had before 2019. So, I request my colleagues not to press the amendments which will give the BJP an excuse to oppose it,” he added.

Following the Chief Minister's appeal, the Speaker asked the eight members who had moved the amendments whether they intended to press them. All eight agreed to withdraw them.

The Speaker then put the resolution to vote as BJP members continued their protest. It was passed through a voice vote, following which the BJP staged a walkout.

BJP Moves Motion Against Speaker

The proceedings had witnessed disruptions from the beginning, with BJP members moving a motion seeking the removal of Speaker Abdul Rahim Rather.

BJP MLA R S Pathania said the resolution brought by Omar had been admitted in violation of Assembly rules and demanded that Rather step aside until the motion against him was decided.

Citing Rule 215(2), Pathania said 23 MLAs had supported the motion.

“You (Speaker) cannot conduct the proceedings. Someone else will have to,” Pathania said, referring to precedents in Parliament where presiding officers had stepped aside while removal motions were considered.

Rather rejected the demand, saying the motion would be dealt with according to the rules.

“If you read Rule 215, the procedure to be followed is laid down in the rules. A motion should be entered in the list of business, any day after 14 days of submission of the motion,” he said.

The Speaker also referred to the precedents cited by Pathania, saying they did not apply in the present circumstances because leave had first been granted by the House.

The BJP members continued their protest and raised slogans including“Kursi chodo, kursi chodo, Speaker sahab kursi chodo” as the Speaker proceeded with Question Hour.

BJP members also accused the treasury benches of violating the Constitution and alleged that the resolution was contrary to the constitutional position.

Leader of Opposition Sunil Sharma said the BJP supported restoration of statehood but objected to the manner and contents of the resolution.

“J&K is a sensitive state and we have enemies around. We don't want to do opposition for the sake of opposition. We want that statehood be restored. It is our agenda. But the kind of resolution they have brought, it is in violation of the Constitution and is unacceptable,” he said.

BJP Members Enter Well, Conduct Mock Proceedings

The protests escalated after the Speaker declined to immediately entertain the motion against him.

BJP legislators entered the Well of the House, tore business papers and raised slogans including“Desh drohiyon ka agenda nahi chalega”,“Samvidhan se mazak, band karo” and“Samvidhan ki hatya band karo”.

BJP MLA Sham Lal Sharma conducted mock proceedings in the Well, while other party members sat on the floor.

The disruptions led to repeated exchanges between the opposition and treasury benches.

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Minister Sakina Ittoo criticised the BJP members, accusing them of creating a spectacle for the galleries.

Deputy Chief Minister Surinder Chaudhary also questioned the BJP's opposition to the statehood resolution and asked what had happened to the Centre's earlier assurances on restoring statehood.

“Are we going to give up statehood? What is wrong with the resolution for statehood?” Chaudhary asked.

He referred to assurances made by the Union government and before the Supreme Court and questioned why statehood had not yet been restored.

Four MLAs Marshalled Out

The ruckus continued as members of the treasury and opposition benches exchanged slogans.

Sunil Sharma raised the slogan“dhoke baaz CM kursi chodo kursi chodo” against Omar Abdullah, prompting a response from National Conference members.

Congress members also raised slogans against the BJP-led government at the Centre, including“vote chor gaddi chor”, while Congress MLA Irfan Lone held a banner demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

Deputy Chief Minister Chaudhary asked the Speaker to direct the Leader of Opposition to apologise for what he termed unparliamentary language.

“This is not a street,” he said.

The situation further escalated when BJP MLAs allegedly attacked Congress members with a microphone stand. Assembly marshals intervened and brought the situation under control.

BJP MLAs Vikram Randhawa and Arvind Gupta, along with Congress MLAs Irfan Lone and Iftikhar Ahmad, were marshalled out of the Assembly.

The Speaker subsequently warned members against disrupting proceedings and said strict action would be taken against those who failed to maintain discipline.

Omar Questions Delay in Statehood

Participating in the debate, Omar questioned the Centre's delay in restoring statehood and referred to the Supreme Court's December 2023 judgment on Article 370.

The Supreme Court had upheld the abrogation of Article 370 while directing that Assembly elections be held in Jammu and Kashmir by September 2024 and statehood be restored“at the earliest”.

“Two years have passed since elections. The Supreme Court has said in the Article 370 judgement that statehood be restored as soon as possible after elections. Which dictionary says as soon as possible means two years?” Omar asked.

He said the people of Jammu and Kashmir had been patient but questioned how long they were expected to wait.

“We want justice for the humiliation that we have gone through. It is not charity or favour from the Centre; it (statehood) is our right. The Centre has made promises, and they should fulfil them,” he said.

Omar also said he had expected the BJP to oppose the resolution and claimed the party had sought to portray it as a demand for the restoration of Article 370, Article 35A or special status.

“I carefully worded the resolution to avoid anything that could give the BJP an excuse to disrupt the house,” he said, adding that the House was“only asking for a vote for statehood”.

The Chief Minister also criticised arguments linking restoration of statehood to peace and the complete eradication of militancy.

He said making statehood conditional on the last gun falling silent could effectively allow actors outside India to influence the timing of the decision.

“Are you linking it to militancy and the last gun falling silent? If that is the case, then the decision will be taken in Islamabad and not in New Delhi,” he said.

Omar referred to the Pahalgam, Uri and Pulwama attacks while making his argument and questioned whether the Centre intended to delay restoration of statehood until militancy was completely eliminated.

“Is this statehood only for me? No, it is for all the people of Jammu and Kashmir,” he said.

He also said that if the Centre was hesitant to restore statehood under a National Conference-led government, it should have been transparent about its position before the Supreme Court.

CM Flags Governance Constraints

Omar also outlined what he described as practical difficulties faced by the elected government under the Union Territory arrangement.

He cited bureaucratic delays and said several important administrative decisions remained outside the elected government's control.

Referring to a Law Department opinion on the resolution, Omar said the Speaker had received an opinion from the Law Secretary and Chief Secretary, but that he himself, despite being the Law Minister, had not been provided the opinion.

“This can only happen in a UT, not a state,” he said.

He also cited the delay in the regularisation of daily wagers. According to Omar, a committee formed to examine the issue had been given six months to submit its report but had not done so even after a year.

He also pointed to the absence of an Advocate General for two years, despite proposals being submitted by the elected government.

Omar questioned why the Revenue Department remained outside the elected government's control, while noting that security and law and order were already under the Lieutenant Governor's domain.

He also questioned the elected government's limited role in institutions including the Cultural Academy, the Islamic University of Sciences and Technology and Bana Ghulam Shah Badshah University.

He said that under the erstwhile state structure, the Chief Minister had served as ex-officio chancellor of the universities but no longer had that role.

Omar also referred to delays in approving the government's business rules and said the administration had remained patient while seeking consensus.

“We remained patient, but for how long? We wanted to build a consensus,” he said.

Row Over 'Jammu Ke Jaichand' Remark

Omar also criticised BJP MLA Devyani Rana over the use of the slogan“Jammu ke jaichand” against some treasury bench members.

“It is unfortunate that Devyani Rana raised the slogan of 'Jammu ke jaichand'. This slogan was used most against her father, the late Devender Rana, who was a very close aide of mine,” Omar said.

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