B L Saraf
What ought to be a given case has, unfortunately, become an item of controversy, with two regions of Jammu and Kashmir, perceivably, ranged against each other. Restoration of the statehood to the erstwhile state seems to have ignited the underlying faultiness which are in multiples in the erstwhile state. When on 5th August 2019 the Union Home Minster, Amit Shah, moved a resolution to de- operationalize Article 370 and a Bill to reorganize J&K State, by separation of Ladakh and demoting state to a Union Territory, he assured Rajya Sabha that J&K will soon be a State , again. The assurance is yet to be redeemed despite Supreme Court reminding the GOI to do so, at the earliest. In addition to telling GOI to hold Assembly elections on the date fixed by it the Court told Government to restore the statehood to J&K, rather soon. These recommendations materialized in a case in which Apex Court upheld the validity of constitutional changes effected on the date mentioned herein before. Assembly election was held: in consequence of which J&K has an elected Government in place, today.
The elected Government, though in the saddle, is constrained by the fact that J&K is presently a Union Territory, with very limited powers for the CM to exercise. Appreciating these limitations, the cabinet in its first meeting passed a resolution calling upon GOI to restore statehood at the earliest. LG, on his part, blessed the decision and with considerable dispatch forwarded it to the Central Government for necessary action. The resolution doesn’t seem to have received attention with the same earnestness. With the result the MLAs and well meaning political observers – particularly in the Valley – have started feeling an unease. C M Omar Abdullah had to intervene and counsel calm. In the meanwhile an impression has started gathering in Jammu region that people here are not enamoured of the demand of Statehood. A perception of indifference – if not vocal opposition to it – is in Jammu’s political air. The cleavage between two regions marked by the recently held Assembly election, is perhaps, coming into play. Omar Abdullah admitted it on the first occasion available and appreciating the adverse repercussions the divide would have he, rather quickly , assured people of the Jammu region of their equal right in the ownership of political and administrative enterprise that emerged after the elections. It being so, there is an impending necessity to narrow down the divide. Certainly, it can’t be allowed to go on widening.
Restoration of statehood is necessary – sooner the better. Because , dual power structure is always hurting .The Chief Minister , Omar Abdullah has come out open to say that the dual power system is unacceptable as it is beneficial to none . In the UT governance structure no Chief Minster – howsoever well meaning he is and the L G how so far accommodative he be, friction is bound to creep in. An elected C M can’t do without having an administrative control over higher and medium level bureaucracy. L G can’t have upper hand in the matter. Some unease was visible when matter of continuance of the Advocate General in the office and transfer and postings of some middle level officers came up. There must be a clarity in the governance field. It is important everywhere. More so, in case of J & K where ground situation is far from satisfactory , on all fronts .
It would be a travesty if a demand of statehood is made an instrument to widen the regional gap. After all the absence of statehood affects every resident of J&K, no matter in whose hand the reins of governance are. The UT architecture has its own administrative dynamics which ties down hands of any elected Government from working out its manifesto. The situation gets aggravated when the elected Government is of different political color from the one to which the L G reports. Delhi is a worst case scenario before us .Even a normal administrative matter gets stuck in the power tussle. Result! Common man suffures, regardless of the fact who he has voted for.
We are told that a memorandum containing draft Rules of Business for governance has been forwarded to the MHA which demarcates the areas where Chief Minister and the LG can operate, independently of each other, without any hiccups. Approval is awaited. As and when it is received , that would , at best , be a temporary measure but could not provide enough leverage to the popularly elected Government which needs unwavering cooperation of its officers to provide relief to the people . Respect for the people’s mandate is a prime duty of any elected Government.
How ironic? What has been promised six years back needs to be demanded years thereafter? It is in the interest of all that a demand for restoration of statehood resonates in every quarter of Jammu and Kashmir. Omar Abdullah has a point when he says ” Jammu and Kashmir has a right to full statehood as the people have elected their own Government and this Government should be allowed to work for the people.”
In the past the regional and sub regional divide has affected us and will continue to do so in the future, as well. To bridge the gap it will indeed be a herculean task. Here in comes a role for the civil society groups of both the regions, to rise to the occasion and drive in some sense to the polarizing atmosphere. Politicians are beyond redemption. In the first place business community of two provinces may come forward. They are the real sufferers. It is time they took a leaf out of the post Amarnath land agitation developments, in 2008, when Kashmir and Jammu Chambers of Commerce came forward to have a pact that – politics being there -they would interact with each other in furtherance of their interest . A kind of bond of inter -dependence was stitched which worked well till 2019 ,weathering the Burhan Wani storm of 2018 . It is well in the realm of possibility: because we live in the world where all relations have become transactional – built upon pure commerce. Ideologies and morals in international relations and national politics have receded deep down.
(The author is former Principal District and Sessions Judge)
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