The draft proposal for the Rules of Procedure and Conduct of Business in the J&K Assembly has triggered a controversy with the opposition calling it an overt endorsement of the central government’s revocation of Jammu and Kashmir’s special status.
The Business Rules Committee of the Legislative Assembly is headed by Speaker Abdul Rahim Rather. Other members of the committee are former Speaker Mubarak Gul (National Conference), Mohammad Yousuf Tarigami (CPI-M), Saifullah Mir (NC), Nizam-ud-Din Bhat (Congress), Pawan Kumar Gupta (BJP), Justice (Retd) Hasnain Masoodi (NC), R.S. Pathania (BJP), and Muzaffar Iqbal Khan (Independent).
Lieutenant Governor Manoj Sinha has summoned the budget session of the J&K Legislative Assembly on 3 March.
This will be the first budget session of Omar Abdullah’s government since the return of an elected administration after seven years of direct central rule.
The need to formulate the rules afresh has arisen as the erstwhile J&K state has been downgraded as a union territory following abrogation of Article 370 on 5 August 2019 by the centre.
Peoples Democratic Party (PDP) youth leader and MLA, Waheed-ur-Rehman Para, accused the National Conference Government of endorsing 5 August 2019 changes when the Article 370 was abrogated and the state split and downgraded into two union territories.
In a post on X, Waheed Para shared a screenshot of news report, “The modifications have been proposed to make the Rules in sync with the constitutional changes affected on August 5, 2019, a member of the committee, wishing to remain anonymous said”
Para wrote; “The modified J&K Assembly business rules mark a shift from Article 370 , effectively endorsing the constitutional changes of August 5, 2019. A clear acknowledgement of the new status quo”.
Denouncing the draft proposals, Peoples Conference chief and MLAS Sajad Lone called it “the most explicit and unforgivable ratification of 5 August 2019 changes”.
Lone criticized the committee’s composition, which is dominated by seven members from the ruling National Conference (NC) and two from the opposition BJP. He noted the absence of any representation from Kashmir-based opposition parties.
He warned that the new assembly’s actions could permanently eliminate any future legal challenges to the changes made on August 5, 2019, marking a significant shift in the political landscape. Lone accused NC and BJP of working together to normalize these changes and recalled historical precedents of ‘endorsements’ in exchange for power.
“While we dreamt of an unambiguous resolution by the new assembly rejecting August 5, 2019… now we have a shocker”. “The same assembly is being used to bury any such chances of legal challenges in the future. The present assembly, reflecting the will of the people of J&K, will now be remembered as the endorser, not the rejector, of August 5, 2019”, Lone said in a statement.
Drawing historical parallels, Lone recalled the past “gifts” given in exchange for endorsements, citing the 1975 arrangement where a government was formed without MLAs to approve the constitutional erosion from 1950 to 1975.
“The 1996 gift of the government on a platter by conducting an exercise of selection in Kashmir and calling it an election—that was to endorse the killings and acts of violence committed by the state. And now, the 2024 gift to endorse changes made on August 5, 2019”, he added.
Concluding with a stark reflection, Lone remarked, “It is a curse to be an MLA of an assembly that will be remembered for endorsing August 5”.