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J&K Assembly passes resolution for urgent restoration of full statehood

Srinagar, Sep 28 (UNI) Jammu and Kashmir Assembly on Monday passed a resolution calling upon the Government of India for the immediate and urgent restoration of full statehood to the union Territory.
The resolution with reference to autonomy and special status was passed by a voice vote, with all parties barring the BJP supporting it.
Speaking before the resolution was passed, Jammu and Kashmir Chief Minister questioned the Centre over the delay in restoring statehood, saying that the Supreme Court's direction to restore it “at the earliest” could not mean waiting for two years.
Omar said his government had been waiting for the Centre to fulfil its promise of restoring statehood after the Assembly elections.
“Tell me, Speaker sahib, in which English does ‘as soon as possible’ mean two years? In which English does ‘at the earliest possible’ mean two years?” he said.
Omar referred to the Supreme Court's December 2023 judgment, which directed that elections in Jammu and Kashmir be held by September 2024 and that statehood be restored at the earliest. The current Assembly was elected in October 2024, while the statehood resolution moved by Abdullah calls for its “immediate and urgent” restoration.
The Chief Minister also questioned whether restoration of statehood was being linked to the security situation in Jammu and Kashmir.
“Are you joining this (statehood restoration) with militancy? Are you saying that until the guns are silenced in Jammu and Kashmir, the status of a state will not be restored?” he asked.
Omar argued that if statehood was made conditional on the complete cessation of militancy, the decision would effectively be left to Pakistan rather than New Delhi.
“The Central Government repeatedly says that militancy originated from Pakistan and have been carrying out militancy here for 35 years. So, when you say that statehood will be restored when the guns are silenced, you are leaving the decision to Pakistan — that whenever the guns are silenced, you will restore statehood to us. Should we believe that the decision about our state will not be made by our own government? Have we decided that the statehood of Jammu and Kashmir will not be granted by our Prime Minister? Will this decision be made in some other country? If they have decided this, then it is a very sad thing. Because we have always believed that if this decision has to be made somewhere, it will be made in New Delhi. This decision will not be made anywhere else,” Omar said amid protests by BJP MLA.
Omar further said Jammu and Kashmir was not seeking any concession from the Centre.
“Jammu and Kashmir does not need any favour. ..We are not beggars,” he said, adding that the people of J&K were seeking their rights and justice.
“This is not a favour from the Centre. This is not a gift from the Centre. The Centre has made a promise to the people of Jammu and Kashmir. The Centre should fulfil its promise,” he said.
The CM also defended the wording of the resolution, saying it was specifically seeking restoration of statehood and did not ask the House to vote on Article 370 or autonomy.
The resolution moved by Omar on September 25 calls upon the Government of India for the “immediate and urgent restoration of full statehood to Jammu and Kashmir” and states that it is in addition to Assembly resolutions passed on June 26, 2000, and November 6, 2024.
The reference to the 2000 autonomy resolution become a major point of contention between the ruling benches and BJP legislators, who have said they were prepared to debate statehood but opposed bringing the issues of autonomy and Article 370 into the discussion.
Omar also cited several administrative issues, including the pending approval of business rules, the absence of an Advocate General and the elected government's limited control over several institutions, to argue that the absence of statehood affects the functioning of the government on a day-to-day basis.
Omar questioned the circumstances in which an opinion from the Law Department and a communication from the Chief Secretary to Speaker had been sent in connection with his resolution on statehood.
“Did you get an opinion from the Law Department that the debate on this resolution is sub judice and should be disallowed?” Omar asked the Speaker.
“As the Law Minister, I am not aware that my Law Secretary is sending you an opinion. You ask them on whose directions was this done. As Chief Minister, I am not aware that the Chief Secretary is sending you a letter regarding my resolution,” Omar said.
The Chief Minister said such a situation reflected the constraints of the union Territory structure.
“You can imagine that in a state, the Chief Minister moves a resolution and the Law Secretary gives an opinion against it. This can happen only in a union Territory,” he said.
Omar also cited the pending regularisation of daily-wage workers as an example of administrative delays.
He said a committee had been constituted for the purpose but had not yet submitted its report.
“If we were a state, do you think it would take more than a year to prepare such a report?” he asked, arguing that the process could have been completed much sooner.
The Chief Minister also raised the issue of reservation, saying his government had initiated the process to address concerns relating to reservation and the open-merit category.
He said a Cabinet Sub-Committee headed by Minister Sakina Itoo had completed its work and submitted its report, which was subsequently approved by the Cabinet.
According to Omar, the proposal was then sent to the Lieutenant Governor and subsequently referred to the Government of India for its opinion and examination.
“The Central Government raised some questions. The answers to those questions were prepared. The Cabinet approved them. After approval, we sent our decision back to the Lieutenant Governor,” he said.
However, Omar said the government was still awaiting a decision on the matter.
“That day and this day, we have not seen a decision on the reservation issue,” he said.
The Chief Minister used the issue to argue that the existing administrative arrangement limits the elected government's ability to take decisions and implement them within a reasonable timeframe.
Omar later urged legislators to support the demand for immediate restoration of statehood….I want this resolution to be passed by this House,” Omar said.
The Speaker said resolution was framed as an addition to two earlier resolutions passed by the Assembly concerning Jammu and Kashmir's constitutional and political status.
The Speaker said the earlier resolutions remained intact and that the present resolution did not seek to interfere with them. Barring BJP members, the House later passed the resolution.
Earlier, 10 amendments, including those moved by several legislators of the ruling National Conference, were submitted on the resolution, with several legislators seeking to bring references to Article 370, Article 35A, and autonomy into the proposed resolution. The amendment was withdrawn by the legislators
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