Top central government functionaries who spoke to CNN-News18 pointed out that restoration of statehood for J&K would require amendments to the Constitution and to the law that created a new Jammu and Kashmir — divided from Ladakh and given the new status of a union territory
Omar Abdullah has taken over as the first chief minister of the union territory of Jammu and Kashmir amidst clamour from locals for the restoration of statehood for the UT. Central government functionaries are, however, hopeful that even without statehood, Omar-led Jammu and Kashmir might have a different approach than Arvind Kejriwal-led Delhi — the other UT which has a CM.
The previous experience of Omar at the helm of affairs in Jammu and Kashmir and the recognition by both the National Conference and Bharatiya Janata Party that J&K is a border UT with specific issues are reasons for this hope. Omar Abdullah has chosen not to take a confrontationist approach so far to the Centre. Prime Minister Narendra Modi has led Delhi’s outreach in congratulating him for his electoral victory. North Block and Raisina Hills are hopeful that if some elbow room is allowed to the elected government, then even a procedural delay in statehood may not become the reason for Srinagar’s “Dilli aur dil se doori”.
Omar himself has expressed hope that the return to statehood would happen soon since both the Prime Minister and union home minister have assured the people of Jammu and Kashmir on this issue.
“The PM is an honourable man…He promised the people of J&K statehood and I hope he lives up to that,” Omar said after getting elected as the CM.
Statehood unlikely immediately
The indication from New Delhi, however, is that return to statehood may take months and not weeks.
Top central government functionaries who spoke to CNN-News18 pointed out that restoration of statehood for J&K would require amendments to the Constitution and to the law that created a new Jammu and Kashmir — divided from Ladakh and given the new status of a union territory.
Constitutional amendments
“The Jammu and Kashmir Reorganisation Act will have to be amended. But this will be complicated since a lot of sections and sub-sections which mention L-G or UT would have to be changed to governor and state. Easier would be to bring in a fresh law recognising J&K as a state,” a government source pointed out.
A second official who has previously dealt with Jammu and Kashmir reorganisation said that Parliament will have to approve the new law to restore statehood and there is no indication so far that in the upcoming winter session, such a bill is being contemplated. The winter session of Parliament is likely in November.
“Article 3 of the Constitution deals with states, while Article 239 in part VIII deals with union territories. After August 5, 2019, Article 239A of the Constitution has been made applicable to Jammu and Kashmir. All these will have to be amended by the Parliament of India for statehood to be restored,” the government functionary pointed out.
Article 239A
239A. Creation of local Legislatures or Council of Ministers or both for certain Union territories
(1) Parliament may by law create for the Union territory of Pondicherry. [In article 239A of the Constitution, in clause (1), for the words “Goa, Daman and Diu, and Pondicherry”, the words “Goa, Daman and Diu, Pondicherry and Mizoram” shall be substituted through Constitution (Twenty-Seventh Amendment) Act, 1971]
(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the Union territory, or.
(b) a Council of Ministers, or both with such Constitution, powers and functions, in each case, as may be specified in the law.
(2) Any such law as is referred to in clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.
Arunachal example
On February 20, 1987, the union territory of Arunachal Pradesh was reconstituted as the state of Arunachal Pradesh under the State of Arunachal Pradesh Act of 1986.
Section 3 of the Arunachal Pradesh Act 1986 included within the state all territories which were previously under the union territory of Arunachal Pradesh.
“Jammu and Kashmir could follow the Arunachal Pradesh template,” a former home secretary said.
Apex court
The government is also watching closely the proceedings in the Supreme Court regarding the statehood issue.
A fresh plea was filed by an academician, and a socio-political activist on Thursday, asking the SC to direct the Centre to restore statehood to J&K. The petitioners have argued that the formation of the legislative assembly in J&K before the restoration of statehood would violate the idea of federalism.
The Chief Justice of India has assured that he will look into the plea.
It was the SC which had directed that elections in J&K be held before September 2024 and emphasised that the “state’s status should be restored at the earliest”.
