Srinagar: In the inaugural cabinet meeting, the newly elected government led by Omar Abdullah passed a resolution seeking restoration of statehood to Jammu and Kashmir.
The erstwhile state was downgraded into union territory with Ladakh hived off as separate union territory in August 2019 and the Article 370 which granted special status to Jammu & Kashmir was annulled. Since then, the union territory was under direct central rule with the Lieutenant Governor representing the Centre.
Omar Abdullah became the first Chief Minister of the union territory, marking the beginning of the first elected government. The Jammu and Kashmir was under President's rule since the collapse of Peoples Democratic Party-Bharatiya Janata Party government in June 2018.
But after the National conference swept the polls securing 42 seats and its alliance partners Congress’s six and five independent legislators supporting the National Conference, the President's rule was revoked on October 11 after Abdullah staked the claim for the government formation.
Just on the second day after being sworn in, Abdullah's cabinet passed a resolution seeking statehood be restored to the union territory. Jammu and Kashmir Chief Minister Omar Abdullah is expected to submit the draft to Prime Minister Narendra Modi in New Delhi.
But legally speaking, it is not binding on the Centre to accept its recommendation and has a "symbolic" value, showing the government key's agenda.
In its manifesto, the National Conference promised restoration of statehood besides striving for revocation of Article 370 which granted special status to Jammu and Kashmir.
Legal experts suggest the union territory is governed by the J&K Reorganisation Act which allows very limited powers to the elected government.
A former senior law officer, who was part of the previous governments, argues the cabinet decisions are binding only on the subjects falling within the domain of the government.
"The decision is not binding on the central government," said the official. "It is their discretion whether to follow it or not. But it will serve as a reference point and has its own value both political as well as symbolic. It is aimed at building pressure on the Centre to follow its promise on statehood. But the final decision rests with the Centre," the former senior law officer said.
Prime Minister Narendra as well as Home Minister Amit Shah have repeatedly promised, including in the Parliament, restoring statehood to Jammu & Kashmir. Upholding the constitutional validity of the abrogation of the Article 370, Supreme Court also directed for restoration of statehood to Jammu & Kashmir but without fixing any timeline.