Srinagar: The assembly session is going to start in Jammu and Kashmir next week for the first time after a gap of more than six years. It is expected that during the session, the ruling party is preparing to present a resolution against Article 370, which was removed by the Centre. On August 5, 2019, the Central Government had abolished Article 370 of the Constitution related to Jammu and Kashmir. Now, for the first time after so many years, there will be a formal protest against the Centre's decision in the Assembly session. According to a source, there will be talk of bringing a proposal on Article 370 in the House in the first session of the Assembly. According to the source, by doing this the promises made in the manifesto of the ruling party will be fulfilled. The proposal will demand restoration of Article 370 as it was an unconstitutional move, the source told ETV Bharat. The proposal is expected to be tabled by Chief Minister Omar Abdullah, who also holds the Law and Parliamentary portfolios.
According to the source, the central government will restore Jammu and Kashmir before August 5, 2019. By default, the proposal would seek to include Ladakh, which includes Kargil and Leh, which are part of Jammu and Kashmir. Jammu and Kashmir was downgraded to a union territory with a legislature, but Ladakh was carved out as a separate union territory without a legislature. In November 2018, Governor Satyapal Malik dissolved the previous state assembly. This is the first assembly session after the abrogation of Article 370 in August 2019. Since then, the way for direct rule from the Center was paved. The move also abrogated Article 35A, which gave the Jammu and Kashmir legislature the power to define permanent residents of the state and did not give outsiders the rights of state subjects.
In its first cabinet meeting on October 17, the Omar Abdullah government passed a resolution granting statehood to Jammu and Kashmir, but did not touch Article 370 as per the legal process. The source said that Article 370 is the jurisdiction of the legislature, and statehood comes under the government. The Chief Minister presented the proposal to Prime Minister Narendra Modi and Home Minister Amit Shah, demanding statehood. A senior National Conference leader said that the proposal will be presented by the government and passed by the Speaker by voice vote. The ruling National Conference had contested the elections on the issue of restoration of Article 370 and won a landslide victory with 42 seats for the first time since the 1996 elections. Apart from this, Congress and its allies including independents have increased the total number of seats of the ruling party to 55, due to which the ruling party can easily pass the resolution.
Although the ruling party admits that the Bharatiya Janata Party will be against the move, it is hopeful that Kashmir's opposition MLAs, including three members of the People's Democratic Party and Sajjad Lone, will support the proposal. Generally, the process of presenting a motion involves the elected MLA submitting it to the Speaker, who can accept or reject it. Once accepted, the Speaker will be put to a vote and those in favor will say 'yes' or those against it will say 'no'. Normally, the government-backed motion is moved by the Ministers of Law and Parliamentary Affairs. And on the day the motion is taken, it is put for test vote by the Speaker. If the proposal is presented by the Chief Minister or a Minister, it will have the government's seal of approval.
But if an MLA from the ruling party moves a motion, it will be treated as a private member's bill unless supported by the treasury bench. Although the proposal is not legally valid and hence not binding on the Centre, it has the potential to 'strain' the Abdullah-led government's relations with New Delhi. Let us tell you, Supreme Court Chief Justice DY Chandrachud The five-judge bench headed by Justice had unanimously considered the removal of Article 370, which gave special status to Jammu and Kashmir, as legitimate. In the past, the Farooq Abdullah-led National Conference had passed a resolution in the assembly in 2000 demanding autonomy for Jammu and Kashmir as per the 1953 status. But a senior BJP leader said, Omar Abdullah's first meeting as Chief Minister with Prime Minister Narendra Modi and Home Minister Amit Shah in Delhi is viewed positively. But the proposal may not go down well with them and will be strongly opposed both inside and outside the House
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