Statehood : Jammu needs it as much as Kashmir does
What ought to be a given has, unfortunately, become a matter of controversy, with two regions of Jammu and Kashmir, perceivably, placed against each other. Restoration of the statehood to J&K seems to have ignited the underlying faultiness in the erstwhile state. When on 5th August 2019 the Union Home Minster, Amit Shah, moved a resolution to de-operationalize Article 370 and a Bill to reorganize J & K state, by separation of Ladakh and demoting state to a Union Territory, he assured Rajya Sabha that J & K will soon be a State, again . The assurance is yet to be redeemed despite Supreme Court reminding the GoI of it .
In addition to asking GoI to hold Assembly elections on the date fixed by it the Court told government to restore statehood to J& K, rather soon. These recommendations came up in a case in which Apex Court upheld the validity of constitutional changes made on the date mentioned hereinbefore.
The elected government, though in the saddle, is constrained because J&K is presently a Union Territory, with very limited powers for the C M. Appreciating these limitations, the cabinet in its first meeting passed a resolution calling upon GOI to restore statehood at the earliest. L G, on his part, blessed the decision and with considerable dispatch forwarded it to the Central government for necessary action. The resolution doesn’t seem to have received attention with the same earnestness. With the result the MLAs and well meaning political observers – particularly in the Valley – have started feeling an unease. C M Omar Abdullah had to counsel calm. An impression has started gathering in Jammu region that people here are not enamored of the demand of Statehood. A perception of indifference – if not vocal opposition to it - is in Jammu’s political air.
The cleavage between two regions marked by the recently held Assembly election, is perhaps, coming into play. Omar Abdullah admitted it on the first occasion available and appreciating the adverse repercussions the divide would have he , rather quickly, assured people of the Jammu region of their equal right in the ownership of political and administrative enterprise that emerged after the elections. It being so, there is an impending necessity to narrow down the divide . Certainly, it can’t be allowed to go on widening .
Restoration of statehood is a necessity . Dual power structure is always hurting . The Chief Minister, Omar Abdullah has publicly said that the dual power system is unacceptable as it is beneficial to none. In the UT governance structure no Chief Minster, howsoever well meaning he is, and the L G, howsoever accommodative he be, friction is bound to creep in. An elected CM can’t do without having an administrative control over higher and medium level bureaucracy. Some unease was visible when matter of continuance of the Advocate General in the office and transfer and postings of some middle level officers came up. There must be clarity in the governance field. It is important in J&K where ground situation is far from satisfactory, on all fronts.
It would be a travesty if a demand of statehood is made an instrument to widen the regional gap. Absence of statehood affects every resident of J&K, no matter in whose hands the reins of governance are. The UT architecture has its own administrative dynamics which ties down hands of any elected government from working out its manifesto. The situation gets aggravated when the elected government is of different political color from the one to which the LG reports. Even a normal administrative matter gets stuck in the power tussle. Result! A common man sufferers, regardless of who he has voted for.
Reportedly, a memorandum containing draft Rules of Business for governance has been forwarded to the MHA which demarcates the areas where Chief Minster and the L G can operate , independently of each other. Approval is awaited. As and when it is received, that would, at best, be a temporary measure but could not provide enough leverage to the popularly elected government which needs unwavering cooperation of its officers to provide relief to the people.
How ironic? What has been promised six years back needs to be demanded years thereafter. It is in the interest of all that a demand for restoration of statehood resonates in every quarter of Jammu and Kashmir. Omar Abdullah has a point when he says “Jammu and Kashmir has a right to full statehood as the people have elected their own government and this government should be allowed to work for the people .”
The regional and sub regional divide has affected us and will continue to do so. To bridge the gap it will indeed be a herculean task. Here in comes a role for the civil society groups of both the regions, to rise to the occasion and drive in some sense to the polarizing atmosphere. Politicians are beyond redemption. In the first place business community of two provinces may come forward .
They are the real sufferers. It is time they took a leaf out of the post Amarnath land agitation developments, in 2008, when Kashmir and Jammu Chambers of Commerce came forward to have a compact that - politics being there - they would interact with each other in furtherance of their interest. A kind of bond of inter-dependence was stitched which worked well till 2019, weathering the storm of 2016. It is well in the realm of possibility: because we live in the world where all relations have become transactional – built upon pure commerce. Ideologies and morals in international relations and national politics have receded significantly.
B L SARAF, Former Principal District and Sessions Judge
