Romancing Statehood
YAWAR HUSSAIN
As political parties in J&K romance the statehood, the NC-led government finds itself in doldrums under the Union Territory framework and a shrinking political ground, reports Yawar Hussain
Srinagar: Jammu and Kashmir Union Territory Chief Minister Omar Abdullah’s first Independence Day speech left even his party leaders baffled as he detailed his handicap at governing the region under what he termed as “dual-power” control.
As Omar announced that his party would start a signature campaign for the restoration of statehood, his party leaders, as per sources within, were as surprised as commoners and political rivals listening to the chief minister.
“The signature campaign was never discussed within till Omar sahib announced it. The lawmakers, who have to implement it on the ground, weren’t aware,” a party leader wishing anonymity said.
He said the chief minister’s earlier overtures towards the Bharatiya Janata Party (BJP) led central government were also not discussed within, but he (Omar) is recalibrating now.
While statehood restoration, already promised by the BJP’s central government, has become the focal point of Omar’s government since it took office last October, the issue has posed many highs and lows for his party, which championed the restoration of the pre-August 5, 2019 status for J&K before the elections.
It is in continuation of such political doldrums that Chief Minister Omar Abdullah openly detailed the ordeal, alleging that his government wasn’t being allowed to work independently.
“I knew that I would be Chief Minister of a Union Territory and there would be less power but I didn’t know that even the decisions of the cabinet would be altered, stalled and even left unapproved,” an angry Omar said from the ramparts of Bakshi Stadium where his arch political rival, Mehbooba Mufti, along with Omar’s father, Farooq Abdullah, and the corps d’elite of the civil and police administration listened in silence.
He said the current administration’s functioning is like that of a horse whose front legs have been tied, and then it is being asked to run. “There should not be a situation where bureaucracy is not accountable to the elected government.”
Omar’s fight back came six months after his cabinet had passed a resolution for the restoration of statehood, which was approved by LG Manoj Sinha’s office.
At Sixes and Sevens
While the fight in the open came out on August 15, the on-and-off bickering had started soon after the government was sworn in, with LG Manoj Sinha transferring 48 Kashmir Administrative Services (KAS) officers, which the elected government termed as an” overreach” by the former.
In March this year, the altercation started on the Business Rules submitted by the Omar-led elected government to the Lieutenant Governor’s office for approval. Earlier, when the elected government took office, it had pitched for “cooperation” with the centre and the Lieutenant Governor’s office.
The LG sent the TBR file back with objections over procedural lapses and alleged contradictions with the Jammu and Kashmir Reorganisation Act, 2019. The LG asked the government to clarify whether due procedure was followed while framing the rules and to reconcile certain provisions of the act.
The Omar-led cabinet shot back by resending the unchanged TBR file to the LG’s office, where it has been lying for months now.
Omar’s party leaders accuse the central-led government of directing the LG office not to clear the TBR file, which they say would have streamlined the functioning of the government, as confusion over the powers of the elected government and the LG office would have been cleared out.
In July this year, Lieutenant Governor Manoj Sinha addressed the allegations by saying that his office only has control over law and order. “I don’t cross the boundaries of governance. I only have control over the police.”
His statement had drawn a response from NC’s Chief Spokesperson and lawmaker Tanvir Sadiq, who said there was interference in the working of their government.
“Why is there interference in the functioning of the Director of the Information Department? The office of the Advocate General has been rendered non-functional since the elected government agreed to retain the same Advocate General, originally appointed by the Raj Bhavan, in October 2024,” Sadiq said, adding that why TBR file hasn’t yet been approved.
A minister with the NC government, wishing anonymity, said that some decisions of a cabinet meeting in June were altered by some officers. “Such a thing has never happened anywhere in the country. No officer can tamper, let alone change, the decisions of the cabinet. The will of the cabinet is supreme as per the constitution.”
The minister said that the chief secretary’s office is rudderless in most cases when it comes to deciding which file needs to go to the chief minister and which to the Raj Bhawan.
“The decision on the official calendar should rest with the elected government, but there is interference there also,” the minister added.
A senior National Conference leader alleged that through the LG’s office, the recruitment for some posts at the Sher-i-Kashmir Institute of Medical Sciences (SKIMS) was kept open for all the citizens of India, while, as per the law, only domiciles should have been eligible.
“The elected government had to fight its way in on this issue. The issue of Sanskrit introduction was never brought to the notice of the education minister. She was bypassed. The secretary had been given separate instructions,” the leader alleged.
In the matter related to lease extension for 55 hotels in Gulmarg, the LG and CM’s offices have filed separate sealed responses before the High Court, which is hearing the matter.
While NC insiders say that the J&K Land Grant Rules 2022, introduced by the LG administration, are set to be reviewed by them, the rules have opened up these properties for fresh bidding by any Indian citizen, which was earlier restricted to only the state subject holders of J&K.
Deputy Chief Minister Surinder Choudhary alleged that a file relating to the extension of a chief engineer in the Kashmir division was to be forwarded to the chief minister’s office for approval, but was diverted by the chief secretary to the LG’s office, who then didn’t grant the extension.
“We have 11 posts of chief engineers, out of which seven are vacant. We wanted an extension for one retiring chief engineer so that public works aren’t stalled. The LG made sure the file went to him and then didn’t grant the extension,” Choudhary said.
“When officers know that they are answerable to the LG, then why would they listen or work for the elected government. Today, transfers KAS are also being carried out by LG along with transfers of even lower-rung officials,” the Deputy Chief Minister added.
On the other hand, LG Manoj Sinha reiterated that he holds no sway in administrative matters, barring those mandated by the J&K Reorganisation Act 2019.
During Viksit Krishi Sankalp Abhiyan in Kulgam, LG Sinha said that the only thing I can give to anyone in J&K is police, as the department is under him. “Rest — roads, water, power, agriculture — fall under the elected government’s domain. I won’t object to any development work initiated by the elected regime.”
The BJP leaders accuse the NC-led government of resorting to politics of excuses while failing to deliver on the promises made to people during elections.
J&K Leader of Opposition Sunil Sharma said the National Conference (NC) seeking the restoration of statehood is actually a promise made by the BJP to the people of the region.
“It is unfortunate that the National Conference keeps harping about statehood. Statehood is our narrative; it is the BJP’s commitment, and it will be restored at an appropriate time by the Central government,” Sharma said.
He said that the ruling NC should focus on delivering the promises made to the people rather than unnecessarily accusing the LG of interference.
Romancing BJP?
Soon after assuming office, Chief Minister Omar Abdullah had flown to Delhi, where his Kashmiri shawls, which he presented to Prime Minister Narendra Modi and Home Minister Amit Shah, drew flak from the opposition parties.
Omar, however, was on a mission for statehood’s restoration. His cosying up to the BJP-led central government continued when he told Prime Minister Modi that even the skies had cleared to welcome him for the tunnel inauguration in Sonamarg.
In hushed-up tones, the NC leaders had even started saying that statehood to J&K was coming in the Monsoon session of parliament, before which the LG would also be replaced.
However, as the Monsoon session was ending, Omar detailed the wishful thinking of NC leaders.
“Some of our friends and relatives kept telling me that this year there would be an announcement from Delhi. I didn’t have high hopes, but I was constantly told that the paperwork was done and the announcement was imminent. But that never happened. The ray of hope is fading,” CM Omar said.
“Perhaps, I have paid a political price for pinning my hopes on the central government for restoration of statehood.”
An NC lawmaker wishing anonymity said that Omar’s optimism around the restoration of statehood stemmed from a select few around him in Srinagar and Delhi, who convinced him that they are in talks with the BJP high command and they will certainly succeed.
“Some of us kept telling him that they won’t give us statehood. They have 28 lawmakers who hold sway through the LG. They won’t make them powerless,” the NC lawmaker said.
He said that the CapEx budget, which is essential for a lawmaker, hasn’t yet been released because of hiccups created by the bureaucracy. “We (MLAs) are frustrated. Even Tehsildar, BDOs and Executive Engineers have been directed not to cooperate with us.”
He said that CM Omar Abdullah has been too engrossed with TBR finalisation, leading to a loss of political mileage. “In the case of J&K Sports Council, Omar Sahib should have replaced the Secretary by now without thinking whether he could do it or not. If LG reappointed the incumbent Secretary, then we could tell people what they are doing.”
Recently, the NC’s political romance hit rock bottom when the Solicitor General Tushar Mehta, representing the central government in the Supreme Court, sought two months for filing a response on the plea in the Apex court for statehood restoration.
He argued that the government had assured statehood after elections, but noted there is a “peculiar situation” in the region. “This is not the time for petitioners to muddy the waters.”
NC’s firebrand parliamentarian Aga Syed Ruhullah Mehdi, who has been at loggerheads with the party, said that the restoration of statehood was also promised by the parties against whom the NC fought the election and accused them of being the BJP’s proxies. “They were proxies, but they along with the BJP itself, had promised statehood. We are now also seeking that, so what is the difference?”
Darling Statehood
Ruhullah’s statement of all parties in J&K seeking statehood echoes on the ground as well.
Jammu and Kashmir Apni Party Chief Syed Altaf Bukhari said that NC lawmakers making excuses that they aren’t being allowed to work is “shameful.”
“NC and BJP, who both got mandates in the Valley and Jammu respectively, have let the people down.”
He said NC lacks the will to get statehood restored, while his party’s core agenda has been the restoration of statehood.
Peoples Democratic Party Vice President Sartaj Madni said that all the departments, barring the police, are with the NC government, but they are doing nothing.
“They promised one lakh jobs, 200 units of free electricity and many other things. Those departments are with them. LG has no role in their functioning.” Madni said, adding that CM Omar Abdullah has at least his voice, which he can raise for the restoration of Article 370 and for the Kashmiris who are jailed.
He said that the signature campaign is drama because the people, by voting, have already given NC the mandate to fight. “We have been seeking restoration of statehood as well as Article 370, unlike NC.”
Peoples Conference Chairman Sajad Lone said that his party is with every move for restoration of statehood but Omar-led government should stop “childish” theatrics and pass a resolution in the J&K assembly for statehood.
NC’s ally, the Congress, has been most vocal on statehood restoration. Its Leader of the Opposition in the Lok Sabha, Rahul Gandhi and in the Rajya Sabha, Malikarjun Kharge, both wrote to the Prime Minister seeking immediate restoration of statehood to J&K.
The Congress has hit the streets from Srinagar to Delhi, under its ‘Humari Riyasat Humara Haq’ programme, which some in the NC say sabotaged the restoration of statehood, as the BJP saw that any restoration move would give the Congress all the political mileage.
While statehood is every political party’s darling in J&K, will it ever don the region again? To survive, politicians present hope. An assembly session around the corner can become the field of that hope.
