Omar Abdullah, Chief Minister, has voiced significant concerns regarding the ongoing constraints imposed by the Union Territory status on the functioning of Jammu and Kashmir‘s elected government. He detailed several instances where the absence of statehood has directly impacted administrative processes and decision-making on a daily basis. A particularly striking example cited by Abdullah involved an opinion sent by the Union Territory’s Law Secretary to the Assembly concerning a statehood resolution, which was dispatched without his knowledge, despite his concurrent role as Law Minister. This action, he stated, underscores the inherent limitations of the current administrative arrangement.
Information reaching Tahir Rihat suggests that Abdullah articulated these points while replying to the debate on the statehood resolution, emphasizing that the demand for statehood is fundamentally about restoring justice and dignity to the people of Jammu and Kashmir. He asserted that statehood is not a matter of concession or a favor from the central government but a right that has been undermined. The Chief Minister further elaborated on how the day-to-day operations of the government are visibly affected by the Union Territory framework.
Abdullah recounted the events of the day, explaining to the Speaker how an opinion was received from the Law Department suggesting that the debate on the statehood resolution was sub judice and should therefore be disallowed. He also alluded to a potential letter from the Chief Secretary on the same matter. Questioning the protocol and authority behind such communications, Abdullah highlighted the anomaly of an opinion being sent to the Assembly without his awareness as the Law Minister, and a letter from the Chief Secretary reaching the Speaker without his knowledge as Chief Minister, regarding his own resolution. He expressed uncertainty about the authority under which these communications were issued.
Describing this as a direct consequence of Jammu and Kashmir’s status as a Union Territory, Abdullah posed a rhetorical question about whether such a scenario could occur in a fully-fledged state. He argued that the situation where a Chief Minister moves a resolution and the Law Secretary issues an opinion against it, without the Chief Minister’s or Law Minister’s knowledge, is unique to a Union Territory and, according to him, happens with alarming regularity. This, he implied, demonstrates a lack of autonomy and a potential for interference in the legislative process.
Further illustrating the administrative bottlenecks, the Chief Minister pointed to the protracted delay in the committee tasked with examining the regularization of daily wage workers. He attributed this delay directly to the Union Territory status, questioning if such a prolonged process would have occurred if Jammu and Kashmir were a state. He noted that the committee, initially given six months to complete its report, had exceeded that timeframe without delivering its findings, a situation he linked to the administrative complexities arising from the UT arrangement. The Chief Minister also highlighted the persistent delay in the appointment of an Advocate General, stating that despite a formal proposal for a candidate, the appointment remains pending. He pointed out that Jammu and Kashmir has been functioning without an Advocate General for nearly two years, a significant administrative void.
The issue of reservations also came under scrutiny, with Abdullah mentioning that the relevant file remains with the Lieutenant Governor, and no decision has been made to date. He further questioned the rationale behind certain departments and institutions remaining outside the purview of the elected government, especially when law and order is the only major subject retained by the Centre. He specifically raised the issue of revenue officers being kept outside the elected government’s jurisdiction, questioning the necessity of this arrangement.
Abdullah also expressed his concern over the lack of control the elected government has over several institutions, even those seemingly unrelated to law and order. He cited the Jammu and Kashmir Academy of Art, Culture and Languages, stating that it falls under the purview of the Lieutenant Governor and not the elected government. He questioned the connection between a cultural academy and law and order, yet highlighted the absence of elected government control over it. Similarly, he pointed to the Islamic University of Sciences and Technology (IUST) and Baba Ghulam Shah Badshah University (BGSBU), noting that while the Chief Minister served as ex-officio Chancellor when Jammu and Kashmir was a state, this role has been eliminated under the current UT structure, leaving the elected government with no say in their functioning.
Adding to the list of administrative impediments, the Chief Minister revealed that the business rules of the elected government are still awaiting approval from the Central Government. He stated that almost two years have passed since these rules were submitted, and their approval remains pending, further indicating a lack of full administrative autonomy for the elected government.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.
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