A tale of many resolutions: How Article 370 has become bone of contention in Jammu and Kashmir Assembly

Tempers ran high in the Jammu and Kashmir Assembly on Thursday (November 7) when Langate MLA Sheikh Khursheed, brother of Baramulla MP Engineer Rashid, entered the Well of the House with a banner demanding the restoration of Article 370 and the release of all political prisoners. Chaos erupted as Bharatiya Janata Party (BJP) MLAs also jumped into the Well to take the banner away from Khursheed.

Other MLAs, including Sajad Lone of the J&K People’s Conference, Peoples Democratic Party’s (PDP) Waheed Para and a few from the National Conference (NC), stormed the Well to rescue the Langate MLA, reported Indian Express.

The BJP MLAs clashed with the marshals who were ordered by J&K Assembly Speaker Abdul Rahim Rather to remove some opposition legislators. The scuffle comes a day after the J&K Assembly passed a resolution on special status.

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#WATCH | A ruckus breaks out at J&K Assembly in Srinagar after Engineer Rashid's brother & MLA Khurshid Ahmad Sheikh displayed a banner on Article 370. LoP Sunil Sharma objected to this. House adjourned briefly. pic.twitter.com/iKw8dQnRX1

— ANI (@ANI) November 7, 2024

Let’s take a closer look.

J&K Assembly passes resolution

On Wednesday (November 6), the Omar Abdullah government brought the resolution on the special status of Jammu and Kashmir to the newly-elected House, seeking a “dialogue” with the Centre for its restoration.

Tabled by Deputy Chief Minister Surinder Kumar Choudhary, the resolution called 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 constitutional mechanisms for restoring these provisions”.

It said the Assembly “reaffirms the importance of the special status and constitutional guarantees, which safeguarded the identity, culture and rights of the people of Jammu and Kashmir, and expresses concern over their unilateral removal.”

The carefully-worded resolution did not specifically mention Article 370, which was revoked by the Narendra Modi-led Central government in August 2019. The constitutional provision granted special status to J&K. The erstwhile state was also bifurcated into two Union Territories – J&K and Ladakh.

The resolution further mentioned, “This Assembly emphasises that any process for restoration (of special status) must safeguard both national unity and the legitimate aspirations of the people of Jammu and Kashmir.”

The BJP vehemently opposed the resolution. Its MLAs stormed out of the House after the resolution was moved. The Assembly passed it by a voice vote amid a ruckus by members of the saffron party.

As per Indian Express, the deputy CM later told reporters, “If you do a narco test of BJP MLAs, even they are happy with this resolution. But they can’t say it because of political compulsions.”

The government’s resolution came after CM Omar Abdullah had criticised the PDP for moving a resolution on Monday, the first day of the first session of the House, opposing the abrogation of Article 370 and seeking its restoration.

“The resolution brought today has no importance, but it is only for the cameras. If there was a purpose behind it, then they would have discussed this with us before,” he said addressing the newly-elected House at the time.

Who has supported the J&K Assembly resolution?

The missing mention of Article 370 has led the Congress and the AAP MLAs in the J&K Assembly to support the resolution.

While the Congress fought the Assembly elections with the NC, it is not a part of the government. Abdullah’s party had promised the restoration of Article 370, but Congress steered clear of the issue and put its weight behind J&K’s reinstatement of statehood.

Speaking to ThePrint, Congress MLA Iftkhar Ahmed said the resolution skips the mention of Article 370 which lets his party extend its support.

“If you go through the statement, you will realise it does not mention Article 370 anywhere. Many other states from Maharashtra to Manipur enjoy special rights and protection over land and other resources under the Constitution of India. You even need permits to enter certain states in the Northeast. We are not even seeking that but merely fighting for our rights over our land and jobs,” he said.

Mehraj Malik, the AAP’s Doda MLA, told the digital news outlet that he will back “any move that is in the interest of J&K and India. We should have rights over our land and jobs”.

The opposition PDP also supported the government resolution. But its chief Mehbooba Mufti called it a “half-hearted” approach. “The Chief Minister’s endorsement of dialogue is ironic and the current resolution lacks an unambiguous condemnation of the 2019 decision to revoke Article 370 and 35A. It only expresses ‘concern’ and calls for dialogue. It fails to explicitly oppose or condemn the 2019 decision,” she was quoted as saying by The Hindu.

Sajad Lone said he would support anything that even remotely calls for the restoration of Article 370, 35A and the restoration of statehood. As a fight ensued on Thursday in the J&K Assembly, PDP’s Waheed Para and Fayaz Mir and Peoples Conference’s Lone brought a fresh resolution seeking the restoration of the special status. It was also signed by Sheikh Khursheed of the Awami Ittehad Party.

“This House unequivocally demands the immediate restoration of Article 370 and Article 35A in their original, unaltered form, and calls for the reversal of all changes introduced by the Jammu & Kashmir Reorganisation Act, 2019. We further urge the Government of India to respect the constitutional and democratic sanctity of Jammu & Kashmir by reinstating all special provisions and guarantees intended to preserve its distinct identity, culture, and political autonomy,” their resolution read.

PDP moves a fresh resolution in J&K Assembly seeking restoration of Articles 370 and 35A. pic.twitter.com/zTRSRE4mCG

— ANI (@ANI) November 7, 2024

What is the BJP saying?

The BJP has slammed the efforts of Valley parties to bring resolutions on J&K’s special status. After the government resolution was passed yesterday, Leader of Opposition in the Assembly Sunil Sharma said the BJP would not allow functioning of the House until it was withdrawn.

“This is an illegal resolution and until they roll it back, we will continue our protest and not allow the proceedings of the House. They will have to roll it back and then we will debate it,” he told reporters.

Sharma said Article 370 was abrogated in Parliament, the highest temple of democracy. “Then some people challenged the Parliament’s decision in the Supreme Court. The court ruled that the Parliament’s decision was right. So what constitutional right do they have to bring this resolution? We have opposed it strongly and the BJP will continue its protest and not accept it at any cost,” he said, as per PTI.

When the House met today, the BJP again began its protest against the resolution.

Condemning the J&K Assembly resolution, BJP leader Smriti Irani said on Thursday it was against the Constitution and the opinion of the Supreme Court.

“The resolution brought by the INDIA opposition alliance led by Congress brings to the fore many questions. Does it stand against the rights of Dalits, tribals, children and women? The Congress leadership, particularly the Gandhi family, needs to answer - do they stand for terrorism and stand against the development of Jammu and Kashmir? Do they stand against the Constitution of India,” she asked.

With inputs from agencies