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Betrayal or Diplomacy? Why NC’s Resolution on Article 370 Has Drawn Criticism

Chief Minister Omar Abdullah dismissed the resolution, calling it merely "for the cameras".

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After the NC government in Jammu and Kashmir introduced a resolution seeking the restoration of Article 370, it faced quite some backlash from the people and the Opposition parties for being "half-hearted" about it and playing a "fixed match" with the BJP.

"This Legislative Assembly reaffirms the importance of the special status and constitutional guarantees, which safeguarded the identity, culture, and rights of the people of Jammu and Kashmir, and expresses concern over their unilateral removal," read the NC government's resolution, adding, "This Assembly emphasises that any process for restoration must safeguard both national unity and the legitimate aspirations of the people of Jammu and Kashmir."

Almost all political parties in J&K, except the BJP, had promised to restore the erstwhile state's special status during their election campaigns. However, once the NC assumed power, it shifted its tone, opting for a cautious approach, leading to discontent among its supporters. Notably, the NC got a huge mandate in the recently held elections.
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The Jammu and Kashmir assembly convened for its first session in six years on 4 November and concluded on 8 November. On the very first day, PDP MLA Waheed Para moved a resolution of his own to restore Article 370. As soon as it was submitted, all the BJP's MLAs from Jammu rose in opposition, sparking uproarious scenes.

Chief Minister Omar Abdullah dismissed the resolution (the Speaker rejected it on technical grounds), calling it merely "for the cameras". The NC, apparently, came "under pressure" from the opposition parties based in Kashmir, and Deputy CM Surinder Choudhary introduced a resolution on behalf of the party calling upon the BJP-led government to initiate dialogue with J&K’s elected representatives to restore its special status and attaining constitutional guarantees.

The House once again witnessed pandemonium as BJP MLAs demanded the withdrawal of the resolution.  And on the other side, the Kashmir-based opposition parties demanded that the "People's Resolution" be added to the NC's resolution. 

After storming the assembly well, the BJP MLAs were marshalled out of the House after which they held a "parallel assembly" within the lawns. Sunil Sharma, BJP MLA and the Leader of Opposition (LoP) even threatened to run a parallel government if the "behaviour" of the government didn't change.

While the PDP, the People's Conference (PC) and the Awami Ittehad Party (AIP) supported the NC's resolution initially, after "midnight" deliberations, they argued that it did not resonate with the people of Kashmir. While addressing a press conference in Srinagar, PDP president Mehbooba Mufti said the resolution could have been written "in a better way" and amounted to "another betrayal". 

“We believe the language of this resolution could have been better. There is no condemnation of abrogation of Article 370 in this resolution,” she said. Waheed Para added, "The resolution could have been more clear about condemning 5 August 2019 and seeking complete restoration of special status and not calling for a dialogue."

National Conference MP Aga Syed Ruhullah acknowledged that the resolution has a "single" minor issue during a discussion on X with Para. “I am not satisfied with one word - "concern" - that has been used in resolution, and instead, the word condemnation should have been there,” he said. 

People’s Conference Chairman and Handwara MLA Sajad Lone said that the resolution was watered down. "We had deliberations on the resolution at midnight and felt that this is a fixed match between the NC and the BJP. So, we thought of bringing a fresh resolution to strengthen it," he told reporters.

Dismissing the allegations, CM Omar Abdullah said, "Those who claim betrayal should know we are law-abiding and know how to make our voices heard in ways that cannot be ignored. We wanted to send a clear message that the decision taken on 5 August 2019 is unacceptable to us."

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On  Thursday last week, six opposition lawmakers from Kashmir submitted a fresh resolution condemning all the changes since 5 August 2019.

The joint resolution, termed as the "People's Resolution" and signed by the PDP, the PC, and the AIP, strongly condemned the abrogation of Article 370 and Article 35A, along with the enactment of the Reorganisation Act of 2019. It demanded the immediate restoration of Article 370 and Article 35A in their original and unaltered form, and the reversal of all changes brought in by the J&K Reorganisation Act.

"These actions stripped Jammu & Kashmir of its special status and statehood, undermining the foundational guarantees and protections originally accorded to the region and its people by the Constitution of India," the resolution read.

It further urged the Government of India to "respect the constitutional and democratic sanctity" of Jammu and Kashmir by reinstating all special provisions and guarantees intended to preserve its distinct identity, culture, and political autonomy.

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Political observers maintain that although the resolution won’t have any impact and is likely to be junked by the central government, it sends a message that whatever was done on 5 August 2019 hasn’t been approved by the people of Jammu and Kashmir. 

Noor Mohammad Baba, a political analyst based in Kashmir argues that NC is conscious of its responsibilities and the fact that it has to work with the Centre.

"It has made its point in the assembly seeking a special position for Kashmir  but I would say it’s a careful and moderate position. It doesn’t use a very extreme kind of language," Baba said, adding, "They can’t take any confrontation with the Centre as it is of no use. The message from the assembly has been delivered and now other parties are playing politics with it. NC has left the negotiation space."

Mir Suhail, a researcher based in Kashmir, maintains that after the NC’s strong comeback, their gravity towards the restoration of 370 is more about debate and dialogue without any solid practical map. "It is clear from their resolution that it signals a less concrete design of the restoration of the erstwhile state. In other words, the NC wants this debate to continue for the rest of its tenure," he concluded.  

(Auqib Javeed is a Srinagar-based journalist. He tweets at @AuqibJaveed. This is an opinion piece. The views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)

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