The Promised La La Land: A Glance At Assurances On J&K Statehood Since 2019

Modi Reiterates Commitment to J&K Statehood, But Timeline Remains Unclear
A file photo of all party meeting in New Delhi between Prime Minister Narendra Modi and J&K leaders on June 24, 2021.
A file photo of all party meeting in New Delhi between Prime Minister Narendra Modi and J&K leaders on June 24, 2021. Photo X (Twitter)
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JAMMU: Prime Minister Narendra Modi addressed a rally in the Udhampur-Doda Lok Sabha constituency, highlighting the BJP-government’s focus on restoring statehood and conducting assembly elections in Jammu and Kashmir.

While he didn’t specify a timeline for the restoration of statehood, he emphasized the positive impact of the abrogation of Article 370 and criticized opposition leaders for what he termed a “Mughal mindset.”

This marks the first instance since August 2019 that Modi has mentioned the restoration of statehood for Jammu and Kashmir.

However, since Jammu and Kashmir was stripped of its autonomy on August 5, 2019, robbed of its statehood and dismembered into two Union Territories, the Bhartiya Janta Party and Modi government functionaries, including the Union Home Minister, have repeatedly talked about statehood restoration, albeit with the same vagueness.

One of the earliest assurances was made a few months after Article 370 was revoked and Jammu and Kashmir was demoted to a Union territory status, amid a furious pushback from political activists and opposition leaders.

On October 7, 2019, while interacting with the probationers of the 2018 batch of the Indian Police Service (IPS) in New Delhi, Union Home Minister Amit Shah said Jammu and Kashmir will not remain a Union Territory (UT) forever and its statehood would be restored once the security situation has improved and normalised.

On December 27, 2019, the then BJP national general secretary Ram Madhav said that the statehood of the new Union territory would be restored soon.

During a parliamentary session on February 15, 2021, the Home Minister assured that the Central government would “grant full statehood to Jammu and Kashmir at an appropriate juncture”. His statement came in response to discussions surrounding the Jammu and Kashmir Reorganisation (Amendment) Bill, which some Opposition members argued conflicted with the government’s purported plan to restore statehood to J&K.

The Opposition had also raised concerns about merging the Jammu and Kashmir cadre of all-India services officers with the Arunachal Pradesh, Goa, Mizoram Union Territory (AGMUT) cadre.

However, the Home Minister at that time maintained that this merger was unrelated to the issue of J&K’s statehood, emphasizing that it did not signify a negation of statehood for Jammu and Kashmir.

J&K leaders pressed their demand for restoration of statehood and limited autonomy at the all party meeting with the Prime Minister Narendra Modi on June 24, 2021. But the Prime Minister or any other functionary in the government made no commitment on restoration of statehood to Jammu and Kashmir.

Almost a year later, during his three-day visit to Jammu and Kashmir in October, 2021, Shah said that the statehood of Jammu and Kashmir will be restored after delimitation of constituencies and assembly elections.

“Why should the delimitation be stopped? It is because that will harm political interests. Now nothing will stop in Kashmir. Delimitation will happen, followed by elections and then restoration of statehood so that the youth of Kashmir get opportunities. I had said that in the parliament also. And, this is the roadmap……, he had said.”

On January 22, 2022, Amit Shah, while virtually inaugurating the District Good Governance Index (DGGI) in Jammu and Kashmir, stated, “Delimitation has commenced, and elections will follow soon. I have assured the Lok Sabha that once normalcy returns to Jammu and Kashmir, statehood will be reinstated.”

The home minister’s statement received a lot of backlash with political leaders asking him to define normalcy.

In February 2023, in an interview to Republic Live, Shah said, “I had clearly said that statehood in J&K would be restored after elections are held in J&K. The voter list is about to be finalised. After that the Election Commission of India (ECI) will take a call on holding polls.”

Assurances in SC

Similar assurances were also made in the Supreme Court on behalf of the government without providing any concrete timeline.

On August 28, 2023, during the course of arguments on Article 370 in the Supreme Court, the Solicitor General Tushar Mehta, representing the government, reiterated, “A statement (on restoration of statehood) has been made on Parliament floor. Efforts are being made… once situation returns to normal.”

He said that J&K’s present status is not permanent and that statehood will be restored. “It is necessary, for some time, J&K remains under the Union as a Union Territory… ultimately J&K will become a state (again),” the Solicitor General had told the Supreme Court.

A day later, Chief Justice Chandrachud questioned whether Parliament had the authority to transform Jammu and Kashmir into a Union Territory. Solicitor General Tushar Mehta clarified that the status of Union Territory was not permanent and affirmed the government’s intention to eventually restore statehood and conduct elections.

Following this exchange, the court stressed the importance of restoring democracy and sought a specific timeframe for the government’s action. Solicitor General Mehta assured the court that a “positive statement” regarding the restoration of statehood to Jammu and Kashmir would be made two days later, after consultation with the Centre.

“I would eventually show how the Central government intends to restore Statehood and conduct elections,” Mehta told the apex court.

However, on August 31, the Centre also said that it is unable to give a specific timeline for restoring the Statehood status of Jammu and Kashmir but repeated the same assurance that the UT status is temporary.

“I am unable to give an exact time period right now for the Statehood. Complete Statehood may take some time as the State had faced repeated and consistent disturbances for decades together… I assure you we are progressively proceeding to make Jammu and Kashmir a complete State,” Mehta submitted.

After the SC verdict

A day after the Supreme Court verdict on Article 370, upholding J&K Reorganisation Act, as per which Jammu and Kashmir lost its special status and statehood, Home Minister Amit Shah hailed the judgement in the parliament.

He once again assured that full statehood would be restored to Jammu and Kashmir at an appropriate time. He said that the beginning of building a “new and developed Kashmir” that will be free from terrorism has been made and statehood would be restored.

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