• Resolution seeks “immediate and urgent” restoration of full Statehood
• BJP stages walkout, tears papers and storms well
• CM questions two-year delay, cites Centre’s assurance before SC
• Four MLAs marshalled out as ruling and Opposition benches clash
• Flags UT-era hurdles over Revenue, Advocate General and universities
Srinagar, Sept 28: The Jammu and Kashmir Legislative Assembly on Monday passed a resolution seeking the immediate and urgent restoration of full Statehood to Jammu and Kashmir, amid a major uproar by BJP legislators, who protested against references to earlier resolutions on autonomy and special status and eventually walked out of the House.
The resolution, moved by Chief Minister Omar Abdullah on September 25, was taken up for consideration on Monday after being deferred to allow members to speak on it. It was ultimately passed by voice vote despite continued protests by BJP members.
The resolution states: “In addition to the resolutions passed by this House on 26 June 2000 and 6 November 2024, the House calls upon the Government of India for the immediate and urgent restoration of full statehood to Jammu and Kashmir and resolves that this resolution be forwarded to the Government of India.”
The June 26, 2000 resolution, passed by the then National Conference government headed by Farooq Abdullah, had sought restoration of greater autonomy to Jammu and Kashmir as it existed before August 9, 1953. The Assembly had subsequently passed a resolution on November 6, 2024 seeking restoration of special status.
The BJP strongly objected to the reference to the 2000 and 2024 resolutions, saying it would not allow a discussion or passage of what it described as an unacceptable resolution.
Leader of Opposition Sunil Sharma said the BJP supported restoration of Statehood but opposed the manner in which the demand had been framed.
“J&K is a sensitive state and we have enemies around. They are hatching conspiracies. We don’t want to do opposition for the sake of opposition. We want that statehood be restored. It is our agenda. But the kind of resolution they have brought, it is in violation of the Constitution and is unacceptable,” he said.
BJP members moved a motion seeking the removal of Speaker Abdul Rahim Rather, alleging that he had allowed Omar Abdullah’s resolution in violation of Assembly rules.
BJP MLA R S Pathania said 23 legislators had supported the motion and argued that the Speaker should step aside until it was decided.
Rather, however, said the motion could be taken up only after following the procedure prescribed under Rule 215.
“You are a good lawyer. You can bring motion. I have not seen it yet. If you read Rule 215, the procedure to be followed is laid down in the rules. A motion should be entered in the list of business, any day after 14 days of submission of the motion,” the Speaker said.
The BJP members then raised slogans demanding that the Speaker leave the chair. The proceedings subsequently descended into chaos, with BJP legislators entering the Well of the House, tearing business papers and conducting mock proceedings.
BJP members raised slogans including “Samvidhan se mazak, band karo” and “Samvidhan ki hatya band karo” while protesting the resolution.
BJP MLA Sham Lal Sharma conducted mock proceedings in the Well, with other party members sitting on the floor. The protest led to heated exchanges between the opposition and treasury benches. Congress members also raised slogans against the BJP-led government at the Centre.
Congress MLA Irfan Lone was seen holding a banner reading “Gyanesh Kumar resign”, while slogans of “vote chor, gaddi chor” were also raised by Congress members.
The situation escalated further when some BJP legislators allegedly attacked Congress MLAs with a microphone stand, following which Assembly marshals intervened.
BJP MLAs Vikram Randhawa and Arvind Gupta, along with Congress MLAs Irfan Lone and Iftikhar Ahmad, were subsequently marshalled out of the House.
Leader of Opposition Sunil Sharma also raised slogans against the Chief Minister during the confrontation.
Deputy Chief Minister Surinder Singh Chaudhary urged the Speaker to direct the Leader of Opposition to apologise for what he described as unparliamentary language. “This is not a street,” Chaudhary said.
The Speaker repeatedly appealed to members to maintain discipline and warned that strict action would be taken against those disrupting the proceedings.
Omar asks members to withdraw amendments. During the debate on the resolution, several members, including members of the ruling National Conference, had proposed amendments seeking an explicit reference to restoration of special status.
Omar Abdullah appealed to the members not to press the amendments, saying the Assembly had already passed resolutions on the issue in 2000 and 2024.
“This House has already passed resolutions twice for special status — one in Farooq Abdullah’s time, and the other in 2024 soon after formation of this government,” Omar said.
He urged members not to press amendments that, according to him, could provide the BJP an opportunity to oppose the resolution seeking Statehood.
“I request my colleagues not to press the amendments which will give the BJP an excuse to oppose it,” he said.
The Speaker subsequently asked the members whether they intended not to press the amendments. All eight members agreed, following which the original resolution was put to vote.
The resolution was passed by voice vote amid the continuing BJP protest and the subsequent walkout.
Replying to the debate, Omar Abdullah questioned the delay in restoration of Statehood, saying nearly two years had passed since the elected government came to power.
The Chief Minister referred to the Supreme Court judgment on Article 370 and its direction that elections be held in Jammu and Kashmir and Statehood restored at the earliest.
“Two years have passed since elections. The Supreme Court has said in the Article 370 judgement that statehood be restored as soon as possible after elections. Which dictionary says as soon as possible means two years?” Omar asked.
The Supreme Court, in its December 11, 2023 judgment, upheld the Union government’s 2019 decision on Article 370 and directed that Assembly elections be held by September 2024 and Statehood be restored “at the earliest”.
Omar said the people of Jammu and Kashmir had been promised a sequence involving delimitation, elections and restoration of Statehood.
“We want justice for the humiliation that we have gone through. It is not charity or favour from the Centre; it is our right. The Centre has made promises, and they should fulfil them,” he said.
He also questioned whether restoration of Statehood was being linked to the security situation and the complete cessation of militancy.
Omar said that making Statehood conditional on the last gun falling silent could effectively leave the timing of the decision dependent on actors outside Jammu and Kashmir.
He argued that the decision on Statehood should be taken by the Government of India rather than being dependent on developments outside its control.
“Is this statehood only for me? No, it is for all the people of Jammu and Kashmir,” he said.
Omar also used the debate to highlight what he described as administrative constraints faced by the elected government under the Union Territory structure.
He said even opinions concerning the Statehood resolution had reached the Speaker from the Law Department and Chief Secretary without being available to him in his capacity as Law Minister.
“This can only happen in a UT, not a state,” he said.
The Chief Minister referred to the committee formed for regularisation of daily wagers, saying it had been given a six-month deadline but had not submitted its report even after a year.
He also raised the absence of an Advocate General, saying the elected government had submitted proposals but Jammu and Kashmir had remained without an Advocate General for nearly two years.
Omar also referred to the reservation issue, saying a Cabinet Sub-Committee had examined the matter and its recommendations were approved by the Cabinet before being sent to the Lieutenant Governor.
He said the file was subsequently forwarded to the Centre after queries were raised, but no final decision had been communicated.
The Chief Minister further questioned why the Revenue Department remained outside the effective control of the elected government when security and law and order were already with the Lieutenant Governor.
He cited the Jammu and Kashmir Academy of Art, Culture and Languages as another institution outside the elected government’s control.
“What has the cultural academy to do with law and order?” he asked.
Omar also referred to the Islamic University of Science and Technology and Baba Ghulam Shah Badshah University, saying that under the earlier State arrangement the Chief Minister had an ex-officio role, while no such role exists under the present structure.
He also said the Government Business Rules submitted nearly two years ago were yet to be approved.
The Chief Minister said he had anticipated opposition to the resolution and had deliberately kept its wording focused on Statehood.
He said he knew BJP members would try to disrupt proceedings and accused them of attempting to create a situation where they would not have to vote on the resolution.
Omar also criticised the inclusion of slogans targeting members of the treasury benches during the protests.
He referred to BJP MLA Devyani Rana’s reported use of the slogan “Jammu ke Jaichand” and said the phrase had previously been used against her late father, Devender Rana, whom Omar described as a close associate.
The BJP, meanwhile, maintained that the reference to the 2000 autonomy resolution and the 2024 special-status resolution made the latest legislation unacceptable.
The Assembly eventually passed the Statehood resolution through a voice vote, with BJP members continuing their protest and walking out.
The resolution will now be forwarded to the Government of India, formally placing before the Centre the elected Jammu and Kashmir Assembly’s demand for immediate and urgent restoration of full Statehood.
