Statehood Restoration: NC's legal option announcement
National Conference (NC) President Dr Farooq Abdullah recently said that his party will move to Supreme Court (SC) if the promised statehood is not restored to Jammu and Kashmir soon. His statement makes it absolutely clear that the ruling party will take only a legal path if the need arises and would avoid any direct political confrontation on the issue. Subsequently, the NC government will continue to operate within the existing dual power system while working for the restoration of the statehood.
While the NC government has chosen this option, are the opposition parties happy or unhappy with delay in statehood? Publicly they all are demanding statehood, while BJP says it will be given at an appropriate time. If one goes by the latest post on X by Ifra Jan, Social Media and Digital Platforms Incharge of NC, then the opposition is happy with the delay in statehood. She wrote, "The opposition within J&K does not want the statehood back. It wants J&K to continue being a Union Territory because they feel that it would give them an electoral advantage in the next election. We will not be gaslit into letting go of this fight. Statehood is the first step."
Ifra was responding to a post of PDP leader Iltija Mufti. Iltija had written on X, "What does it say when a party overwhelmingly elected by Kashmiris to fight for Article 370 instead clamours for statehood conveniently relegating J&K's special status to the dustbin? Especially given that it once deceived people by promising raishumari’, referendum & autonomy? A slippery slope because shifting goalposts & the disgraceful grovelling for statehood could easily be mistaken as the popular will of Kashmiris. It’s then that this elected local government will actually legitimise the collective disempowerment of the very people it claims to represent."
However, NC Chief Spokesperson Tanvir Sadiq has a different view than his party colleague Ifra Jan regarding opposition's stand on statehood. He posted on X," I say this with utmost responsibility while the opposition and we may often be at odds, take jabs at one another, and remain politically competitive, I firmly believe that when it comes to the question of statehood, there is absolute unanimity. Whether it’s BJP, PDP, PC, or any other party, all agree that statehood is our legitimate right and must be restored without any further delay." He added that only those who benefit from dual power structure do not want restoration of statehood.
NC had made a number of promises during the assembly polls. But is now saying that it is not able to completely deliver in absence of the statehood. While the party says some initial achievements have been made, a lot needs to be done and that is only possible if statehood is there. So, NC wants to continue in power but at the same time wishes to blame the dual power system for its government not functioning fully.
Chief Minister Omar Abdullah has been repeatedly describing as "fraud with the people" an assembly in a union territory. There is a feeling within the NC that they will have to be in power and get things done without taking any confrontation with the central government. In that case restoration of special status or restoration of Article 370 and 35 A is out of question. Since the same central government had abrogated the articles, there is no question of their restoration in present scenario. Even nothing, eroded in special status since 1953, could be brought back by the successive J&K state governments.
Whatever be the stance, the political parties have practically accepted the changes and moved on. The restoration of special status has always just been a slogan for elections. Even people knew it and that is why since 2002 assembly polls, the performance of the ruling parties on governance front became the focus in elections. Consequently, the people kept on changing the governments.
In 2024 assembly polls, governance was not an issues in Jammu and Kashmir. The issue was primarily the decisions taken by the central government regarding Jammu and Kashmir on August 5, 2019. Political observers say that people in Kashmir and Poonch, Rajouri and Ramban districts voted against these decisions and that they also voted to prevent BJP from forming the government. The people in the stronghold of BJP in Jammu voted for the saffron party to have its government. But NC got the majority and formed the government.
Will the same yardstick be used by the people in next election, will become clear at that time only. There is a feeling in some NC circles that only their party has the potential to get the majority, in future assembly polls also, and to form the government on its own. According to them, even if other parties may get seats more than NC in assembly elections in future but they will not able to get majority and stop BJP from coming to power and implementing its agenda here. But they agree that NC government will have to maintain its credibility during its rule.
The ruling party without taking any unnecessary confrontation will have to ensure also that it is not seen publicly getting close to BJP and abandoning its political agenda. Otherwise the opposition parties will lose no time in describing the ruling party the real team of the BJP. During the 2024 assembly polls, the NC had alleged that almost all its rival parties are A, B, C and D teams of the BJP and had projected itself as the only party, struggling for restoration of special status.
Some leaders in NC are of the view that their government has to deliver also to strengthen its position for future and prevent the opposition from taking any political advantage. For that the statehood is important. They feel the delay in statehood is a disadvantage to the elected government as opposition wants it to underperform so that they can exploit this thing in next elections.
Dr Farooq Abdullah's statement that NC will move to Supreme Court, has evoked a reaction among the opposition. People's Conference President Sajad Gani Lone said that whether it is yet another trap to end the statehood dreams in the near future through legal intervention.
He posted on X,"In utter wonderment whether it serves any purpose for Kashmiris to approach the Supreme Court of India. Since 1947, I can’t recall any single judgement which the Kashmiris could recall as pathbreaking. Or contrary to the narrative. ...Then came the abrogation of Article 370. And we all rushed to Supreme Court. The court endorsed the Union government version and literally closed the legal doors on 370 for all times to come."
Amid this debate on NC's announcement, the ruling party has not given any fixed time for moving to the Supreme Court. The party has only said that it will approach the Supreme Court if the statehood is not restored soon.
The author is senior editor, Greater Kashmir
