J&K Assembly Set to Debate Statehood Resolution; NC and PDP MLAs Seek Article 370 Mention

The Jammu and Kashmir Legislative Assembly is scheduled to debate on Monday a resolution moved by Chief Minister Omar Abdullah that calls for the restoration of full statehood to Jammu and Kashmir. Ahead of the debate, six legislators of the National Conference (NC) and members of Opposition parties have moved amendments seeking to broaden the scope of the resolution.

The resolution, moved on September 25, refers to two earlier resolutions passed by the House — on June 26, 2000, and November 6, 2024 — and states that the Assembly “calls upon the Government of India for the immediate and urgent restoration of full statehood to Jammu and Kashmir”, adding that the resolution be forwarded to the Union government.

Six NC MLAs — Javid Hassan Baig, Tanvir Sadiq, Ajaz Ahmed Jan, Hilal Akbar Lone, Altaf Ahmad Wani and Choudhary Mohammad Akram — have moved amendments seeking the inclusion of a commitment to restore the constitutional provisions of Articles 370 and 35A as they existed before August 5, 2019. Mr. Sadiq’s amendment proposes inserting, after the reference to November 6, 2024, the words: “this House reaffirms its commitment to the restoration of the constitutional guarantees embodied in Articles 370 and 35A, as they existed prior to 5th August 2019”. The amendments moved by the other NC members follow a similar line.

Congress MLA Nizam Ud Din Bhat, who has extended support to the Chief Minister’s resolution, has moved a separate amendment proposing that the text end with an addition reminding the Union government to “respect its own commitments made at various forums and to the deprived people of Jammu and Kashmir”.

From the Opposition benches, Peoples Democratic Party (PDP) legislator Waheed Ur Rehman Para has sought the inclusion of a clause to “restore autonomy, besides restoring Articles 370 and 35A in their original form”. Another PDP legislator, Aga Syed Muntazir Mehdi, has proposed an amendment recording the House’s “deep anguish and disapproval” over the decisions taken on and after August 5, 2019, which, the amendment states, led to the cessation of Articles 370 and 35A and the reorganisation of the erstwhile State of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh.

The resolution has drawn support from parties outside the ruling alliance, including the PDP and the Jammu and Kashmir Peoples Conference. The Bharatiya Janata Party has opposed the resolution, objecting in particular to the reference to the 2000 resolution, which had sought greater autonomy for the region.

Background

Article 370 of the Constitution had granted Jammu and Kashmir a special status, and Article 35A, introduced through a Presidential Order in 1954, defined certain rights and privileges for permanent residents of the erstwhile State. On August 5, 2019, a Presidential Order and a resolution of Parliament rendered Article 370 inoperative, and the Jammu and Kashmir Reorganisation Act, 2019, split the State into the Union Territories of Jammu and Kashmir and Ladakh with effect from October 31, 2019.

In December 2023, the Supreme Court upheld the abrogation of Article 370 while directing that Assembly elections be held and that statehood be restored at the earliest. Assembly elections were subsequently held, and a government led by the National Conference and the Congress took office with Mr. Abdullah as Chief Minister.

The resolution before the House is a statement of the Assembly’s position and is not binding on the Union government, which has not announced a timeline for the restoration of statehood. The amendments moved by members are expected to be taken up during the debate, and the outcome will be known once the House concludes its proceedings.