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Screenshot 2024 11 27 18 00 23

Opinion | Strategic Resolution Shaping Jammu and Kashmir’s Path to Reconciliation

By Mian Tufail

News Desk by News Desk
November 27, 2024
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The recent resolution passed by the Jammu and Kashmir Legislative Assembly under the National Conference-led government marks a pivotal moment in the region’s evolving political narrative. The resolution, carefully crafted and strategically worded, seeks to address the aspirations of the people of Jammu and Kashmir by advocating for the restoration of “Special Status” and “constitutional guarantees” which safeguarded the identity, culture and rights of the people of Jammu and Kashmir, and expresses concern over the unilateral removal. The resolution refrains from explicitly demanding the reinstatement of Article 370, recognizing that its abrogation stands as a fait accompli following its passage through Parliament in 2019 and affirmation by the Supreme Court in 2023.

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A Delicate Balancing Act

The resolution introduced on the first Business day of the Assembly was a measured appeal to safeguard the identity, culture and rights of the people of Jammu and Kashmir. Its language was deliberate, avoiding any direct confrontation with the Central Government. By focusing on special rights and constitutional assurances, the National Conference signaled a willingness to work within the framework of India’s constitutional structure while addressing the apprehensions of the region’s populace.

Despite initial opposition theatrics, such as PDP legislator Waheed Parra’s dramatic maiden-day interventions, the resolution saw unanimous passage. This was a testament to the NC’s strategic acumen which skillfully brought together diverse J&K factions under a shared cause, while avoiding any language that could alienate the central government or rekindle contentious debates over Article 370.

Article 370: A Political and Legal Context

The abrogation of Article 370 in August 2019 was a watershed moment in Indian politics. Driven by the BJP’s national mandate in 2019, this move was seen as a fulfillment of the party’s long-standing promise to integrate Jammu and Kashmir fully with the Indian Union. However, for the people of Jammu and Kashmir, the removal of constitutional guarantees protecting local autonomy, including restrictions on land ownership and employment for non-residents, created widespread apprehensions about identity, culture, demography and economic stability.

Since its abrogation, the central government has maintained that Article 370’s removal is irreversible, a position echoed by the Supreme Court later during its judgment on the matter. Recognizing this reality, the NC’s resolution sidestepped any direct call for Article 370’s reinstatement, focusing instead on achievable safeguards for the region’s people.

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Congress’ Contradictory Stand on Article 370

The resolution’s passage has exposed political fault lines particularly within the Congress party, which is in alliance with the NC in Jammu and Kashmir but holds a divergent stance at the national level. Congress President Mallikarjun Kharge on Friday last week clarified that his party never committed to reinstating Article 370, accusing Union Home Minister Amit Shah of spreading misinformation about Congress’s position of trying to reinstate it. Kharge emphasized that the abrogation was passed by Parliament and upheld by the Supreme Court, making its reinstatement a historical improbability.
Pertinently, Article 370 was a constitutional provision granted to Jammu and Kashmir under Congress leadership, symbolizing the party’s historical legacy in shaping the relationship between the erstwhile state and the Indian Union. However, Congress has miserably failed to uphold this legacy over the decades. While Article 370 was neither anti-national nor secessionist but enshrined in the Constitution of India, Congress’s handling of it reflects political expediency rather than steadfast commitment. The party’s history is marred by actions such as jailing of people’s leader Sheikh Abdullah, dismissal of Farooq Abdullah’s government in 1984 and consistent meddling of J&K’s autonomy for its convenience. By failing to protect the very framework it once created, Congress not only weakened its standing in J&K but also ceded ground to the BJP’s narrative.

A Pragmatic Approach

The National Conference’s strategy appears grounded in pragmatism. Omar Abdullah’s leadership has emphasized restoring statehood and securing tangible concessions for the region, such as protection of rights, land and employment within the existing constitutional framework. His recent well-known interactions with the Prime Minister and the Home Minister further underscore the NC’s intent to pursue a cooperative, dialogue-driven approach rather than direct confrontation.

The resolution reflects this strategy, prioritizing achievable goals over symbolic demands. It seeks to address the immediate needs of the people of Jammu and Kashmir—employment, dignity, safeguards of land and assets, development and economic stability—while acknowledging the political and legal constraints surrounding Article 370.

Opposition Politics and the Road Ahead

Predictably, valley-based opposition parties have criticized the resolution as insufficient after their support in the Assembly. The PDP, in particular, has labeled it half-hearted, accusing the NC of compromising its ideological commitments and people’s mandate. However, it is worth noting that the NC’s approach reflects a hard-earned political realism: symbolic demands for the reinstatement of Article 370 are unlikely to yield results, given the current political and legal landscape.

Instead, the NC’s focus on dialogue, development and dignity presents a more viable path forward. This resolution serves as a call for the central government to engage constructively with the legitimate concerns of the region’s people, addressing fears of cultural erosion, annihilation of rights and freedom and economic marginalization.

A Path Towards Reconciliation
The strategic resolution passed by the Jammu and Kashmir Assembly is more than a political statement—it is a roadmap for reconciliation. By advocating for safeguards and guarantees that respect local aspirations while aligning with national priorities, the NC has sought to chart a middle path that prioritizes the dignity, rights and development of the region.

This approach, while pragmatic, is not without challenges. The political landscape in Jammu and Kashmir remains deeply fractured between two divisions of Union Territory and the central government’s willingness to engage constructively remains uncertain. Yet, the resolution represents a critical step toward bridging the gap between local and national narratives, offering hope for a more stable and dignified future for the people of Jammu and Kashmir.

As the region grapples with massive unemployment, squeezing of economic opportunities for youth, trauma of hefty electricity bills, governance deficit from last six years and Bureaucratic heavy-handedness, this resolution could serve as a foundation for meaningful progress, fostering a dialogue that prioritizes peace, dignity and rights over divisive rhetoric.
(The author is an academician and can be reached on X @tufail_mian94).

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