The latest decision by the newly elected National Conference (NC)-led government in Jammu and Kashmir (J&K), in alliance with the Congress, to pass a resolution urging the central government to restore Articles 370 and 35A has sparked a fresh wave of controversy. This move, marked by heated debates and physical confrontations in the state assembly for the past three days, not only challenges the constitutional framework but also threatens national unity. The abrogation of Articles 370 and 35A in 2019 was a landmark decision by the central government, aimed at integrating J&K fully into the Indian Union. These provisions, which granted special autonomy to the state, were always intended to be temporary, as underscored by the Constitution’s drafting committee. Their removal was seen as a necessary step to ensure equal rights for all Indian citizens, including those in J&K, and to curb separatist tendencies that have plagued the region. However, the NC-Congress alliance’s attempt to revisit these articles is not only legally questionable but also politically risky. The J&K assembly, after a six-year hiatus, was thrown into chaos as Bharatiya Janata Party (BJP) members protested vehemently against the resolution. The NC’s response was aggressive, leading to the forcible eviction of opposition members and causing injuries. Such actions reflect poorly on the state government’s commitment to democratic principles.
The origins of J&K’s special status date back to the post-independence era, when Maharaja Hari Singh reluctantly acceded to India after facing an invasion by Pakistan. At that time, India’s first Prime Minister, Jawaharlal Nehru, conceded to his close ally Sheikh Abdullah’s demand for special provisions, allowing the state to have its own constitution and flag. This concession was made under the belief that it would help integrate the region more smoothly. However, over the decades, these provisions were exploited by regional political parties to foster a sense of separatism, rather than fostering unity. The Supreme Court’s recent verdict upholding the abrogation of these articles reaffirmed that no state assembly has the authority to challenge the sovereignty of the Indian Parliament or act against the nation’s interests. Thus, the NC’s current stance appears not only defiant but also out of sync with constitutional principles. Critics argue that the NC’s push to restore Article 370 is more about appeasing its voter base in the Kashmir Valley than about genuine political reform. Despite the party’s historical advocacy for dialogue with Pakistan, which has been widely accused of supporting cross-border terrorism, this latest move appears aimed at consolidating electoral support by stoking regional sentiments.
In the six years since the abrogation, the region has seen a significant reduction in violence, with fewer incidents of stone-pelting and terrorist attacks. The bifurcation of the state into two Union Territories—J&K and Ladakh—along with the imposition of President’s Rule, restored some semblance of order. It was under these conditions that the recent elections were held, resulting in a victory for the NC in Kashmir and the BJP in Jammu. Yet, the NC’s insistence on bringing back Article 370 could risk reversing the gains in stability made over the past few years. Despite the NC’s electoral victory, its leader Omar Abdullah himself admitted that restoring Article 370 may not be feasible. The party’s ally, the Congress, has also been struggling to gain significant traction, not only in J&K but also nationally. Its failure in recent elections, particularly in Haryana, indicates that the party’s influence is waning. As Prime Minister Narendra Modi and Home Minister Amit Shah have emphasized, the restoration of Article 370 is not on the cards. Shah went so far as to declare that even four generations of Congress leaders would not be able to reinstate the provision. Rather than chasing unattainable promises, the NC-Congress alliance would be better served by focusing on pragmatic goals, such as seeking the restoration of full statehood to J&K within the current constitutional framework. The security situation remains delicate, and any move perceived as weakening India’s hold on the region could embolden pro-Pakistani factions, leading to a resurgence of violence. The renewed debate over Articles 370 and 35A is a distraction from the pressing issues that J&K faces, including economic development, unemployment, and cross-border terrorism. The NC-Congress alliance should shift its focus from symbolic gestures to practical policies that can improve the lives of the people in the region. India’s integrity and security cannot be compromised for short-term political gains. The abrogation of Articles 370 and 35A was a step toward strengthening the nation’s unity. Any attempts to reverse this should be resisted, as the people of J&K deserve stability and progress, not another plunge into political turmoil.