Why Omar Abdullah resolution invoked J&K autonomy, kept focus on statehood

“Mr Speaker, the absence of statehood affects us every day,” Omar said. “Did you get an opinion from the Law Department that the debate on this resolution is sub-judice and should be disallowed? I am the Law Minister. I was not even aware of this opinion. As the Law Minister, I am not aware that my Law Secretary is sending you an opinion. As the Chief Minister, I am not aware that the Chief Secretary is sending you a letter regarding my resolution.”

The CM went on to flag multiple grievances, ranging from the Transaction of Business Rules still not finalised to the National Conference (NC)-led government not having control over law and order, universities, and even the Revenue and Culture Departments. “We kept patience, but for how long?” he asked.

For the last two years of his tenure, Omar has largely adopted a reconciliatory approach, persuading the BJP-ruled Centre to restore statehood to J&K.

The resolution marked a culmination of Omar’s patience as reflected in his sharp speech.

“They (Centre) keep saying that statehood would be given at an appropriate time. Tell us how we determine that we have reached that appropriate time,” Omar asked. “Jammu and Kashmir does not need any favour. Jammu and Kashmir does not need charity. We are not accepting alms. We are not beggars. We have been humiliated. We want an answer for this humiliation. We want justice for this humiliation… We have a right to statehood. This is not a favour from the Centre.”

The resolution was moved by Omar in the House last Friday. “In addition to the resolutions passed by this House on 26 June 2000 and 6 November 2024, the House calls upon the Government of India for the immediate and urgent restoration of full statehood to Jammu and Kashmir and resolves that this resolution be forwarded to the Government of India,” it read.

November 2024 resolution

In the Assembly elections held in September-October 2024 – five years after the Centre abrogated Article 370 meant for J&K’s special status, and split the then state into the Union Territories of J&K and Ladakh on August 5, 2019 – the NC pulled off a win with Omar returning as the CM.

A few weeks later, in the first Assembly session during the current Omar regime, NC leader and Deputy CM Surinder Choudhary moved a resolution, urging the Centre to “initiate dialogue with the representatives of Jammu and Kashmir for restoration of special status and constitutional guarantees”.

This resolution was passed on 6 November 2024 despite the BJP’s opposition. It was brought after the Valley-based Opposition parties, including the Mehbooba Mufti-led Peoples Democratic Party (PDP) and the Sajjad Lone-led People’s Conference, accused the NC of dropping the issue of J&K’s special status, pointing out that the Omar Cabinet in its first resolution had called for restoration of statehood only.

June 2000 resolution

Barely a month after the Farooq Abdullah-led NC came to power in October 1996, winning the Assembly elections with absolute majority, it constituted the State Autonomy Committee to examine and recommend measures to restore J&K’s autonomy and identify areas where this had been eroded. The panel was formed a year after the then Prime Minister P V Narasimha Rao said that the “sky is the limit” for discussing J&K’s autonomy within the Constitution.

The Committee submitted its report to the Farooq government in 1999, recommending restoration of J&K’s pre-1953 autonomous status. It urged the Centre to revert to the pre-1953 constitutional position, which meant, among other things, restoration of designations like Wazir-e-Azam and Sadr-e-Riyasat for the state’s top functionaries.

The Committee’s report sought to limit the Centre’s jurisdiction to subjects originally specified in the Instrument of Accession to India – signed by Maharaja Hari Singh of the then J&K princely state in October 1947 – which included Defence, Foreign Affairs, Communications, Currency and ancillary matters.

On June 26, 2000, during a special session, the J&K Assembly passed a resolution adopting the Committee’s report. “This House records its acceptance of the Report of the State Autonomy Committee and asks the Union Government and the Government of Jammu and Kashmir to take positive and effective steps for the implementation of the same,” the resolution stated.

Omar’s play

By referring to the Assembly’s 2000 and 2024 resolutions while keeping the focus on restoration of J&K’s statehood, Omar, in his current resolution, has sought to do a political tightrope – not alienating his core constituency in the Valley and parts of Jammu, while cornering the BJP over the question of restoration of statehood.
Significantly, 10 legislators moved the amendments during the debate on Omar’s resolution, all of which were later withdrawn. Six of the MLAs were from the NC, whose amendments sought to include in the resolution the restoration of J&K’s special status under Articles 370 and 35 A from before August 5, 2019.

While Omar said he did not want to give the BJP an opportunity to oppose the statehood resolution and that “some of my friends are trapped in their (BJP) argument and are seeking vote on amendments to this resolution”, the amendments moved by the six NC legislators seemed to be a carefully calibrated move to appeal to the party’s core constituency.

The six NC legislators include Javid Hassan Beig from Baramulla,

Omar’s close aide Tanvir Sadiq from Srinagar’s Zadibal, Mohammad Altaf Wani from the Pahalgam seat, Hilal Akbar Lone from the Sonawari constituency and two Jammu MLAs, Ajaz Jan from Poonch and Chowdhary Mohammad Akram from Surankote.

The other four MLAs who moved the amendments include the PDP’s Waheed Para and Aga Muntazir Mehdi, Congress’s Nizam Uddin Bhat, and Independent MLA Muzaffar Iqbal Khan.

The resolution was passed by voice vote amid a walkout by the slogan-shouting BJP MLAs.

Through his balancing act, however, Omar managed to secure the support of the Valley-based Opposition parties, which could not oppose the resolution in view of its political ramifications.
Even the BJP did not oppose the resolution for seeking the restoration of statehood to J&K – a demand that enjoys broad political support across the UT. The party instead focused its opposition on Omar’s reference to autonomy in the resolution, describing it as “unconstitutional and anti-national”.

While the BJP members held their protest in the Well of the House, they did not, unlike on previous occasions, made any serious attempt to disrupt the proceedings.