Read the Fine Print: Statehood may return with terms and conditions
Srinagar, Jun 21: Vote again for the state again?
The Centre’s offer for restoration of statehood to Jammu and Kashmir might come with a “fine print”.
The fine print: holding new elections for the government to rule J&K state as the previous elections were held for the government under J&K Union Territory.
The political parties in J&K including the ruling National Conference (NC), the opposition People's Democratic Party (PDP), the Congress, and others have been demanding the return of statehood to J&K since 2019, and the Centre might oblige, but with a catch.
An official in the Home Ministry, who is privy to the development about the Centre’s response to the popular demand for the return of statehood to J&K, said, “The Centre might pay heed to the demands of these political parties, though not immediately.”
However, he said that the demand would be met on the condition that either statehood would be restored after the present government completes its term and the next elections would be held for electing the government under the J&K state.
According to him, the other way is that the statehood might be returned sooner but new elections would be held for electing the government under J&K state as the previous elections were held for a government under J&K Union Territory.
In December 2023, the Supreme Court upheld the Centre’s move of abrogating Article 370 of the Indian constitution that accorded a special status to J&K but directed the restoration of J&K’s statehood “at the earliest” and “as soon as possible”.
Would return to statehood mean a new election?
Talking to Greater Kashmir, Adviser to Chief Minister Nasir Aslam Wani said that so far the J&K government had not received any communication from the Centre about the return to statehood.
“So, the question of whether new elections will be required to be held afterwards is only hypothetical at the moment,” he said.
On March 28, 2025, Union Home Minister Amit Shah at a summit in New Delhi said, “We have given the assurance that statehood will be restored. From the very beginning, we have said that statehood would be given. But it can’t be disclosed when it will be given at a public forum.”
The erstwhile J&K state was bifurcated into two Union Territories – J&K and Ladakh - under the J&K Reorganisation Act, 2019.
The act dissolved the J&K legislature and downgraded the state into a centrally controlled Union Territory governed through a Lieutenant Governor.
National Conference (NC) chief spokesman and Member of Legislative Assembly (MLA) Zadibal, Tanvir Sadiq said that the Supreme Court had announced holding elections by September 2024 and called for restoring statehood.
“It is the decision of the Supreme Court. The parliament is supreme in amending the J&K Reorganisation Act. If new elections had to be held for statehood, why would the Supreme Court call for holding elections and restoring statehood afterwards? Had it been the case, the apex court would have called for holding elections for the restoration of statehood,” he said.
Sadiq said legally it was not necessary to hold re-election if the statehood was restored to J&K.
“The parliament is within its right to do it. I think if statehood is restored, the J&K government which is here will continue to be here,” he said.
The NC chief spokesman said that Prime Minister Narendra Modi and the Union Home Minister had long been saying that statehood would be restored.
“Otherwise, they would have been saying that they will hold elections to restore statehood,” he said.
Sadiq said that New Delhi cannot undermine the mandate of the people of J&K.
“The people overwhelmingly came out to vote and they can’t have another election for something like this,” he said. “This mandate is for 5 years and we have been promised restoration of statehood.”
He said holding new elections after the return of statehood would be factually and legally incorrect.
“There shouldn’t be fresh elections after such an overwhelming mandate,” the NC chief spokesman said.
On Friday, Chief Minister Omar Abdullah said that he was waiting for the PM and the Union Home Minister to fulfil their promise of return of statehood to J&K.
“We will see whether we will have to go legally or not for statehood, but till then we are waiting for the PM and the Home Minister as they have assured that statehood will be restored to J&K,” he said inaugurating the new ‘Raabita’ office in Jammu.
During the 2025-26 Budget Session, three private members’ resolutions in the J&K Legislative Assembly sought restoration of statehood.
Opposition People Democratic Party (PDP), which has also demanded the return of statehood, might like the idea of fresh elections for electing a government under J&K state as the party faced drubbing in the 2024 J&K Assembly polls, winning only three seats.
PDP chief spokesman Mehbooba Beg said, “Technically, it has never happened in the history of post-independent India. This will happen for the first time. So, there is no precedent, no convention, and no tradition for it.”
He said that the last J&K Assembly elections were held for J&K union territory.
“Will new elections be held after the return of statehood remains to be seen? It was the first time that a state was downgraded to a union territory. Even the Supreme Court was unclear about it. I think the Home Minister will decide the new precedent.”
On October 19, 2024, three days after CM Omar-led government assumed office, the J&K Cabinet passed a unanimous resolution urging the Centre to restore the statehood of J&K in its original form.
Will the statehood to J&K be restored in its actual form?
Senior Vice President of J&K Congress, Ghulam Nabi Monga has his doubts.
“The J&K Reorganisation Act was drafted by the Government of India (GoI). So, they can do whatever they want,” he said. Monga said that the elections in 2024 were held under the Indian constitution and that there was no need to hold fresh elections.
He expressed wonderment on why the GoI would want a fresh election or try to break the mandate of the people of Kashmir.
“What is left for the legislators of J&K to change? The Centre need not worry about any changes by the J&K legislature if that’s their concern,” he said. “What purpose will it serve the Centre if Kashmir gives a split mandate?”
The senior Congress leader said that the PDP’s dissidents had started returning to the PDP, yet it did not benefit New Delhi. “The delimitation exercise was carried out to fulfil ulterior motives, but it failed to do so. One party was converted into 10 parties, yet the mandate of the people couldn’t be split,” he said.
Over the past 6 years, as the official events about statehood days of various states were celebrated in J&K, people could only reflect on the absurdity.
However, the ruling Bharatiya Janata Party (BJP) defended this paradox.
J&K BJP President Sat Sharma told Greater Kashmir that Prime Minister Narendra Modi had made it clear that the statehood would be returned at an appropriate time.
“We will wait for that appropriate time. Today, the situation in Kashmir has changed from crores of tourists visiting to nothing. So, let’s wait for the right time,” he said.
Sharma’s statement is in sync with the Centre though for the BJP restoring statehood could have been a strategic move to consolidate support in Jammu and help address concerns of those in Jammu who feel marginalised under the direct central control.
Addressing a meeting of NC workers in south Kashmir’s Pulwama district on June 18, NC President and three-time chief minister Farooq Abdullah said that the restoration of J&K’s statehood was not a concession but a constitutional right. Will the Centre return that constitutional right anytime soon or will it order fresh elections for its return remains to be seen?
The fine print needs to be read and read carefully.
Will the J&K government negotiate on terms and conditions?
Let’s wait and watch.
