Union’s Territory to State: Lawbook first, playbook later
Srinagar, Jun 23: The process for the return of statehood to Jammu and Kashmir has been discussed in the Union Ministry of Home Affairs (MHA), which has sought legal opinion on how it could be done.
According to sources in the North Block, extensive discussions were held in the MHA on restoring J&Ks statehood after which the ministry formally sought legal counsel on how to reverse the downgrading of the state under the J&K Reorganisation Act, 2019.
The statehood was taken through legislation, a senior official in the North Block said. Its return will also have to be legislated.
He said that there was a need to tread carefully.
It must be done correctly, the official said about the technicalities involved.
The ministrys legal query revolves around whether amendments are needed in the J&K Reorganisation Act, 2019, and if statehood can be restored under the existing provisions.
The J&K Reorganisation Act, 2019 dissolved the J&K legislature and downgraded the state into a centrally controlled Union Territory governed through a Lieutenant Governor.
ìThere is unanimity in the government about restoring statehood,î a source familiar with the ongoing deliberations in the MHA said. ìHowever, the mechanism and timing are still open questions and that is where the legal opinion is crucial.î
He said that the ministry was weighing two main options for restoring statehood.
Either return of statehood soon but fresh elections under the new status or letting the current J&K UT government complete its five-year term and then transition to statehood through the next polls,î the source said. The second path will require patience while the first is political risk.î
He said that there was an argument that since the 2024 Assembly elections were held under the UT framework, a fresh mandate was needed for a state government.
ìThis is not just about legality but also legitimacy,î the source said.
While Prime Minister Narendra Modi and Union Home Minister Amit Shah have reiterated the return of statehood to J&K, the Centre has not given any timeline.
The sources said that the fine print for the return of statehood to J&K is finally taking shape behind the scenes.
An official close to the process said that a fresh round of elections might not just be likely but ìthe right way to go.î
ìSome parties may resist it,î he said. ìHowever, the Centre is committed to a fair transition.î
The official said that the 2024 Legislative Assembly polls were ìpeaceful and inclusiveî.
ìThe statehood polls will similarly be held transparently and the transition will be smooth,î he said.
Talking to Greater Kashmir, ruling National Conference (NC) senior leader and a legal expert, Justice (Retired) Hasnain Masoodi said, ìTill now the Centre has been consistent in its view and the sequence of events.î
Masoodi, who is also a legislator from Pampore in south Kashmir, said the Centre had informed the Supreme Court and the Parliament that first delimitation would be held, then elections would follow, and finally, statehood would be returned.
ìSo far, the Centre never brought up the issue of holding fresh elections for transitioning to a state government,î said Masoodi, who was a Member of Parliament when Article 370 of the Indian constitution was abrogated and J&K downgraded and divided into two Union Territories.
With the Centre and the ruling party holding divergent views on the issue, the idea of holding fresh elections for a government under the state could signal a possible collision course.
However, Kashmir watchers in New Delhi say that the Centre might keep a strategic calendar in mind balancing national security, international optics, and electoral cycles.
ìThe restoration of statehood is no longer just a rhetorical promise but a political process,î a Kashmir watcher in New Delhi said. ìIt is layered with law and legitimacy but, unfortunately, also with latent mistrust.
