The long-standing demand for the restoration of statehood to Jammu and Kashmir has intensified this week, marked by a significant controversy involving the administration and the elected government. Chief Minister Omar Abdullah disclosed in the Legislative Assembly that the secretary of the Law Department, a portfolio he also oversees, had submitted an opinion to the Assembly regarding a statehood resolution without his prior knowledge. This incident has further fueled concerns over the functioning of the elected government within the Union Territory structure.
Just days before this disclosure, Chief Minister Abdullah had presented a resolution to the Assembly, urging the central government to promptly reinstate statehood. He informed the Speaker that the Chief Secretary might have also communicated objections to the resolution proposed by the ruling administration. The situation drew criticism from various legislators, with the exception of those from the Bharatiya Janata Party, who argued that unelected bureaucrats should not impede the Assembly’s proceedings. This bureaucratic intervention has added to Abdullah’s mounting concerns regarding the operational autonomy of the elected government.
“Can you imagine that the Chief Minister moves a resolution and the Law Secretary gives an opinion against it? This can happen only in a Union Territory. And this kind of thing happens everyday,” Chief Minister Abdullah stated in the Assembly, highlighting the perceived limitations imposed by the Union Territory status. Information reaching Tahir Rihat suggests that political parties have consistently advocated for the restoration of statehood since the erstwhile state of Jammu and Kashmir was bifurcated into the Union Territories of Jammu and Kashmir and Ladakh following the abrogation of Article 370 in August 2019. The central government, however, has maintained that statehood would be considered for restoration at an “appropriate” juncture.
The ruling National Conference (NC), which assumed power in 2024, is reportedly facing internal and external pressure to address the statehood issue. Party leaders have voiced arguments that the current dual governance framework hinders the elected government’s ability to make significant policy decisions. At present, the Lieutenant Governor retains control over law and order in Jammu and Kashmir. Furthermore, the top bureaucracy, including IAS officers, operates under the Lieutenant Governor’s purview in areas governed by existing rules, significantly curtailing the scope for the elected government’s actions.
While Chief Minister Abdullah awaits a decision on statehood, several critical issues remain unresolved. Among these are the Transaction of Business Rules, where the government has indicated a need for greater clarity regarding the division of control. The NC asserts that despite the rules potentially assigning control over law and order to the government, the practical situation on the ground differs. Chief Minister Abdullah cited the example of the J&K Academy of Art, Culture and Languages, which he stated is not under the elected government’s control, questioning the connection between a cultural academy and law and order. NC leaders emphasize that without direct oversight of the bureaucracy, their requests are not being taken seriously by officials.
Another pending matter is the appointment of the Advocate General. Chief Minister Abdullah noted that the Union Territory has been functioning without one for nearly two years, despite the government formally proposing a candidate. He also pointed to a committee established by the elected government in March 2025 to review the regularization of daily-wage workers. According to Abdullah, the committee’s report has not yet been finalized, and he questioned whether such a delay would occur if Jammu and Kashmir were a state. A further pending issue involves a review of the reservation policy, with the NC government indicating that the relevant file is with the Lieutenant Governor’s office.
The Legislative Assembly recently passed a resolution calling for the immediate restoration of full statehood to Jammu and Kashmir. This resolution was met with strong opposition from BJP legislators. The resolution stated, “In addition to the resolutions passed by this House on June 26, 2000, and November 6, 2024, this House calls upon the Government of India for the immediate and urgent restoration of full statehood to Jammu and Kashmir and resolves that this resolution be forwarded to the Government of India.” The NC-led government had previously passed a similar resolution in 2024, urging the Centre to initiate a dialogue with elected representatives for the restoration of Jammu and Kashmir’s special status and constitutional guarantees.
The lack of a response from New Delhi to the 2024 resolution appears to have prompted the NC to adopt a more assertive stance, referencing the Assembly’s historical position on autonomy. The recent resolution alluded to a J&K Assembly resolution from June 26, 2000, which had endorsed the recommendations of the State Autonomy Committee, including the restoration of Jammu and Kashmir’s pre-1953 autonomous status. BJP leader and Leader of Opposition in the Assembly, Sunil Sharma, accused the NC of attempting to revive the 2000 autonomy resolution under the guise of the statehood demand. Sharma suggested that this move could potentially strain relations between the NC government and the central government, noting that Union Home Minister Amit Shah had reportedly expressed reservations regarding the references within the resolution.
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.