SRINAGAR, September 28: National Conference MLA from Baramulla Javid Hassan Baig on Monday said Jammu and Kashmir’s accession to India was “final and irrevocable” and asserted that the demand for restoration of statehood was not against India but aimed at restoring democratic institutions and greater constitutional authority to the elected government.
Speaking during the Assembly debate on the resolution seeking restoration of statehood, Baig said he considered Article 370 “sacred and important” and wanted to place his views before the House while respecting the Constitution and institutions of the country.
“We consider Article 370 sacred and important,” Baig said, adding that the people of Jammu and Kashmir respected the institutions of the country while retaining the right to express their political views.
He said democratic debate also included the right to disagree with constitutional and judicial decisions.
“We respect the Supreme Court, but we also have the right to speak about our political concerns regarding its judgments,” he said.
Baig referred to the constitutional changes of August 5, 2019, including Constitutional Orders 272 and 273 and the Jammu and Kashmir Reorganisation Act, 2019, which resulted in the reorganisation of the erstwhile state into the Union Territories of Jammu and Kashmir and Ladakh. The Supreme Court, in its December 2023 judgment, upheld the Union’s actions concerning the abrogation of Article 370 and the reorganisation process.
Baig said the judgment should be respected while maintaining that political disagreement with a judicial ruling remained possible.
He argued that restoration of statehood was necessary to strengthen the authority and accountability of the elected government.
“There is a major difference between a state and a Union Territory,” Baig said, arguing that an elected government should have sufficient authority to discharge its responsibilities and remain accountable to the people.
He questioned the absence of a clear roadmap for restoration of statehood, referring to the assurance given by the Union government before the Supreme Court regarding its restoration after elections.
“Where is the roadmap, where is the deadline and where is the commitment for restoration of statehood?” he asked.
Baig said the people of Jammu and Kashmir had participated in elections and elected representatives with the expectation that an elected government would function with meaningful powers.
He argued that democracy could not be reduced to elections alone and also required accountability and an appropriate distribution of authority.
“If an elected government is expected to answer to the people for governance, it should also possess the necessary powers to fulfil its responsibilities,” he said.
The MLA Baramulla had also moved an amendment to the statehood resolution seeking inclusion of a reference to restoration of Article 370 and the constitutional protections formerly available under Article 35A. The amendment was among several moved by members seeking references to Jammu and Kashmir’s pre-August 5, 2019 constitutional position.
Baig said restoration of statehood was ultimately a question of democratic principles, constitutional values and public trust.
The Assembly on Monday passed the resolution seeking immediate and urgent restoration of full statehood to Jammu and Kashmir after a heated debate and a walkout by BJP legislators
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