After 10 years, Jammu and Kashmir, which was made a Union Territory following the abrogation of Article 370, held Assembly elections. The J&K National Conference won 42 seats, a clean majority. The BJP faced a challenging outcome in the Kashmir Valley, where all 19 of its candidates were unsuccessful, with many losing their deposits. This result reflects the party’s persistent struggle to gain traction and support in the region. The National Conference disrupted the Bharatiya Janata Party’s (BJP) plans to form its own government and appoint a BJP chief minister for the first time in Jammu and Kashmir’s history. Soon after the thought provoking victory of NC in the Jammu and Kashmir Assembly Elections, Omar Abdullah acknowledged that maintaining a “balance of representation” would be a key challenge for the incoming government. He is aware that, in contrast to Delhi, Jammu and Kashmir faces a revenue shortfall and relies more heavily on support from the central government.
The statement of Omar Abdullah after the elections regarding the relationship with BJP and Article 370 highlights the challenges of governing a “half state” like Jammu and Kashmir, particularly as the region’s electorate largely votes against the BJP. “Omar Abdullah has said he would instead push for a resolution for the restoration of statehood. While statehood is important, it should not come at the cost of abandoning the fight for autonomy. The removal of statehood was, in part, an attempt by New Delhi to shift focus away from Articles 370 and 35A. Restoring statehood without addressing the loss of special status would be a shallow victory” writes, Iftikar Gilani.
The Jammu and Kashmir Reorganisation Act, 2019 complicate matters for the National Conference (NC) in managing the union territory. This act extends 106 central laws to Jammu and Kashmir, repeals 153 state laws, and dissolves the Jammu and Kashmir Legislative Council. Its implementation was preceded by a Presidential Order that effectively amended Article 370 and revoked the region’s special status, significantly altering the political landscape.
The act grants the central government extensive authority over both Jammu and Kashmir and Ladakh, allowing the modification or repeal of over 400 state and central laws. It also stipulates that the administration of Jammu and Kashmir will function under Article 239A of the Indian Constitution, which was originally designed for the union territory of Puducherry.
Under this framework, a Lieutenant Governor appointed by the President will oversee Jammu and Kashmir, While the assembly will be permitted to legislate on matters within the state list, key areas such as “public order” and “police” will remain under the control of the central government. A council of ministers, led by a Chief Minister, will be appointed by the Lieutenant Governor from the elected members of the legislative assembly, advising the Lieutenant Governor on matters under the assembly’s purview. However, the Lieutenant Governor retains the authority to act independently in other areas and can issue ordinances with the same force as laws passed by the legislature. Lieutenant Governor wielding most powers including the formal control of J&K Police, and transfer/ posting of government officers.
The act has not only abolished the Legislative Council but also brings far-reaching changes, affecting both governance and local laws. Although the people of Jammu and Kashmir have decided not to trust the Peoples Democratic Party (PDP) and other A, B, C teams, all of which were perceived to have collaborated with the BJP in the past but the reshaping of the administrative and political framework introduces significant challenges for the National Conference in navigating the altered structure while attempting to address the aspirations of the people.
Running the government in Jammu and Kashmir presents significant challenges for Omar Abdullah. The shift from the region’s special status to a Union Territory has reduced its autonomy, making it harder for Omar Abdullah to navigate the political landscape. The centralization of power, combined with the government’s ability to pass executive orders, diminishes the influence of the local administration. Additionally, Omar Abdullah must balance the aspirations of an electorate that has traditionally been divided, with many voters historically opposed to the BJP. The region’s pressing economic and developmental challenges, coupled with security concerns, add further layers of difficulty. With key issues falling under the central government’s purview, Abdullah faces an uphill battle in addressing the needs of the people while managing tensions between local and national powers.
‘How does getting into a fight (with L-G) from day one help me address the concerns of the voters of Jammu and Kashmir?” Omar Abdullah told in an interview days after the NC emerged as the single-largest party in the J&K Assembly elections.
On the occasion of Dussehra, NC President Dr. Farooq Abdullah extended an invitation to the Kashmiri Pandits who fled Jammu and Kashmir in the early 1990’s encouraging them to “return home.” He assured that the government would make the necessary arrangements for their long-overdue return and emphasized that the NC would treat both Hindus and Muslims equally, without any discrimination. This highlights a complex contradiction, as the call for the return of Kashmiri Pandits by Dr. Farooq Abdullah, the NC president, comes in light of the fact that their exodus occurred following the unrest that stemmed from the alleged rigging of the 1987 elections by the NC-Congress government. The exodus of Kashmiri Pandits occurred during the tenure of the National Conference (NC) government in Jammu and Kashmir. It raises questions about accountability and the role the government played in creating the conditions that led to the Pandits’ departure, now seeking to rectify a situation linked to their own actions. The rehabilitation and return of Kashmiri Pandits to the valley would be a monumental challenge for the government. As Omar Abdullah himself acknowledges, “In my first term, I was the CM of the most empowered state. But now J&K is the country’s most disempowered Union Territory. While the victory is humbling, the expectations of the people are daunting due to their vast scale.” Very rightly said by a famous journalist Iftikhar Gilani that Omar Abdullah faces a crucial moment in his political career, which could shape his legacy. If he leads the people successfully during this challenging time, his name will be remembered with respect. However, if he falls short, past political compromises may once again undermine the trust the people of Kashmir have placed in him.
Dr. Waseem Majazi holds a PhD in English Literature, with his research focusing on novels about the exodus of Kashmiri Pandits. He also completed an MPhil on the poetry of Agha Shahid Ali, exploring themes related to the Kashmir conflict. Dr. Waseem contributes to various English dailies and regularly reviews books on the Kashmir issue. His research has been extensively published in both national and international journals.The author can be reached at [email protected]
