Omar Abdullah has tough task as Chief Minister of J&K sans statehood

Administering the Union Territory can't be easy with limited powers

By Dr. Gyan Pathak

Omar Abdullah has become the first Chief Minister of Jammu & Kashmir sans statehood. With it comes numerous challenges and responsibilities. Administering this Union Territory as chief minister will be just like serving two masters simultaneously – the Centre's diktat on the one hand and People's mandate to uphold democracy and federalism on the other.

People of Jammu & Kashmir have rejected the very idea of Prime Minister Narendra Modi's New Kashmir, and trusted the leadership of the National Conference, that had promised not only restoration of statehood for Jammu & Kashmir during the Vidhan Sabha election but also passage of a resolution for restoration of the Article 370 and 35A of the Constitution of India, that Modi government had abrogated in August 2019.

In pursuance of PM Modi's idea of New Kashmir, Jammu & Kashmir's statehood was done away with the abrogation of the Article 370, and the region was split into two Union Territories – Jammu & Kashmir and Ladakh. Peace and development was the major political plank of the BJP during the elections, which has remained elusive so far. People mandated the National Conference with majority as against the BJP's peace and development plank, which shows the people's preference is fundamentally their political aspirations.

It is here, the challenges and responsibilities of Omar Abdullah lie from which emerges the thorny tasks of administering the troubled Union Territory. To keep National Conference's promises during the elections, Omar Abdullah led government will have to pass resolution for restoration of Article 370 and statehood. Given the majority in the Vidhan Sabha, it would not be numerically very difficult. However, the sensitiveness of the issues may bring troubles for him – chiefly from the Centre's representative Lieutenant Governor as true administrator of Jammu & Kashmir. The Centre is totally against restoration of Article 370, though it had promised statehood without any timeframe.

Congress, though NC's ally in INDIA bloc, has kept mum on restoration of Article 370, but has been demanding restoration of statehood. It is yet to be seen, what would be the nature of restoration of statehood – whether the resolution would only be for statehood of the bifurcated Jammu & Kashmir or the restoration of statehood as it was prior to 2019 when the region had lost it.

Statements made so far regarding restoration of statehood are somewhat vague on this point. Congress leader Rahul Gandhi while congratulating Omar Abdullah for becoming CM said that “government formation without statehood felt incomplete today” adding “Democracy was snatched from the people of Jammu and Kashmir, and today we renew out pledge to continue our fight until statehood is fully restored.” Omar Abdullah replied, “Thank you very much Rahul Gandhi and thank you for joining us today. The people of J&K look towards you for your continued support as we work to get out statehood back.”

Nevertheless, neither restoring the statehood nor the passage of resolution to bring back now abrogated Article 370 will be easy. In the name of peace and security of Jammu & Kashmir Centre would continue to dominate, and a chief minister of this troubled region will certainly be reduced to a status of powerlessness in administrative and legislative matters.

PM Narendra Modi is not a person who accepts democratic defeats lying prostrate. We have seen it in Delhi, which is also a Union Territory with an assembly. His government has clipped the powers of the Chief Minister of Delhi by bringing several legislations and executive orders. Lieutenant Governor is calling the shots, while the officers were not taking orders from the elected state government ministers. There have been intermittent rifts between the Lieutenant Governor and the elected Delhi Government triggering litigations that went even to the Supreme Court of India, which ruled in favour of democracy and federalism. However, administering Delhi remains very tough for the elected government on account of interference of the Centre through Lieutenant Governor.

Lieutenant Governor of Jammu & Kashmir has said, “From my side, there will be no cause of confrontation.” Even though his statement is not trust worthy given the track record of Modi government. The Centre has recently amended the rules of the ‘Transaction of Business of the Government of Union Territory of Jammu and Kashmir' to ensure that Lieutenant had even more administrative and legal powers. The new changes bestow on the LG the power to transfer IAS and IPS officers, control J&K Police and law and order, and have a say in the appointment of judicial officers, including the advocate general. The Anti-Corruption Bureau, prosecution matters and prisons will also be now under LG's ambit.

It would then be naïve to believe that situation would be different than Delhi in Jammu & Kashmir and for the elected government led by Omar Abdullah. He will have to walk on fire, on several issues concerning Jammu & Kashmir including of protecting the democracy and federalism. Centre's grip over Jammu & Kashmir administration is more likely to be stronger since people's mandate clearly shows their political aspirations intact and they did not go for PM Modi's development plank.

Thorny political issues apart, Omar Abdullah will have to navigate the political landscape of every region of the Jammu & Kashmir. He has shown promise in this regard just by incorporating ministers from Jammu and Chhamb region, which may address the old grievances of these regions that they suffered neglect over Kashmir region. It is a very good beginning, but he will have to work hard to ensure development of all regions in the months to come.

Security will remain in the hand of the Centre, and hence, CM Omar Abdullah will be spared for numerous security related troubles. Nevertheless, policing the state will not be an easy task. Only a perfect co-ordination between the Centre and the State can solve the problem, but it should be based on the principle of democracy and federalism as provided by the Constitution of India.

CM Omar Abdullah himself has put the challenges in these words, “In my first innings (2008-2014) I was CM of the most empowered state. But now J&K is the country's most disempowered Union Territory. Also, while the win is humbling, the expectations of the people are scary as they are enormous.” However, he has promised a “clean government with will to deliver on expectations of the people.” (IPA Service)