With a landslide mandate, the Omar Abdullah government’s cold start had no confrontation at its core. However, the ‘hybrid governance’ frequently puts the Civil Secretariat and Raj Bhawan on two different sides, writes Masood Hussain
Omar Abdullah was not unaware of the problem he will be facing after taking over as the Chief Minister of the erstwhile Jammu and Kashmir state, reduced to a Union Territory in 2019. Dr Farooq Abdullah, the five-time Chief Minister, referred to his son’s takeover, following a landslide mandate, as ‘throne of thorns’. Days ahead of taking the oath of office, Omar asserted that he would opt for a path of cooperation with the Raj Bhawan instead of confrontation.
His first cabinet meeting on October 16, saw the passage of a resolution seeking the restoration of the statehood to Jammu and Kashmir, a document he handed over to the Prime Minister after LG Manoj Sinha approved it. After he flew home, he was supposed to preside over the Vigilance Pledge function in the civil secretariat. He found many top officers missing and was told that they were attending a similar function taking place at the Raj Bhawan.
“I am acutely aware that we have unfortunately at this moment a rather hybrid system of governance. And I have a feeling, I am going to say it regardless of the consequences, some may feel they can exploit the system to their advantage, that they can find loopholes within this system that we have in Jammu and Kashmir at this moment,” Omar said plainly in his brief post-pledge intervention. “But please rest assured that this is very much a temporary phase. Once full statehood is restored to Jammu and Kashmir, there will be no loophole to be exploited and no advantage to be taken by playing one against the other. So please keep this in mind as we conduct ourselves.”
Omar talked about his maiden visit after “successful meetings” in Delhi. “I have received assurance at the highest level that their commitments made to Jammu and Kashmir, particularly with regard to the governance, will change,” he said.
Not intended for confrontation, Jammu and Kashmir’s governance structure in UT is designed in such a way that the disagreements would be more visible and the ideological divide between the Raj Bhawan and the civil secretariat could trigger a confrontation sooner than later.
Honeymoon Period
When a new government takes over, especially after a long absence of a civilian governance structure, it takes its own time to understand the changes at ground zero, the issues people may have and the ways and means of managing that. Omar followed the same principle. Barring visiting Mulwarwan (Kishtwar) and visiting Delhi (on a routine commercial flight), Omar has been meeting people to understand the issues. Official sources suggest that so many people and institutions have sought appointments with the Chief Minister that it will take many weeks to complete them.
The initial round was with the people associated with the economic activity of the erstwhile state in the Kashmir region. He met the Federation of Chambers of Industry and Commerce (FCIK), Kashmir’s main industry body; the Kashmir Traders Federation which represents mostly retail, the Kashmir Chamber of Commerce and Industry (KCCI), one of the oldest Chambers of the region that is suffering more than the trade it represents. Omar got the concerned officers and made them listen to what these trading bodies had to say.
“All these associations have problems,” admitted one official who was privy to the discussions. “Some have credit issues, some have paid for the land and it is yet to be given to them and most of them complained about the lack of supportive growth policy vis-a-vis the local investor.” However, FCIK put forth a comprehensive 10-point industrial revitalisation plan to the Chief Minister, aimed at transforming Kashmir’s industrial landscape which will essentially generate 300,000 jobs over five years.
Almost everybody talked about the reforms so it triggered some change in the work culture on the ground. One organisation even promised to create three lakh jobs in Kashmir if they get a supportive structure to revive their businesses and expand in selective cases. The manufacturing sector indicated that the policy interventions in the last few years were devised in a way that took away the focus from manufacturing to the service sector.
The Only Decision
While the people are approaching the new government with their issues, it has not been able to do anything much so far. The only decision of mass public importance that the government took was in the education sector.
It dramatically took place. The new government had invited civil society from across Kashmir and many of them spoke in the presence of Omar and his ministers. No media was permitted. Though there were many retired officials who spoke about issues in the same language they are habitual of, some people from trade, industry and education highlighted their issues.
One of them was GN Var, the president of the Private School Association Kashmir, who made an impressive speech about the problems Kashmir has been facing all these years. “The government interventions in our sector have been too negative and if your government undoes these interventions, I will be able to give jobs to 15000 people in the next one week at reasonable salaries,” Var said, offering instances and dates about what happened to the sector. Omar, according to witnesses, was moved by the situation in the sector and announced that he would call the cabinet meeting and make some decision making.
Within a few hours, the Cabinet reverted to the November academic session for schools in Kashmir up to class IX. This has been a major demand from the education sector that suffered immensely after the academic calendar was shifted to March to create a uniform academic calendar nationally. NEP requires an academic session to be 220 days in a year and the JKBOSE requires 180 days. After the academic session was changed, Kashmir’s academic spaces had only 130 days.
“We are so thankful to the Chief Minister for taking the key issues so seriously,” Var said after the order was announced. “We value the decision-making in record time and we genuinely believe it is historic in nature.” For the tenth, eleventh and twelfth classes, the examination system will revert to the old system in 2025.
Priority Issues
Omar made it clear while talking to the civil society. “If we cannot live with dignity, and our identity lacks value and honour, then all of these (issues) hold no real meaning,” Omar said. “I want to assure you that we will fight for all that matters, but my first priority is to restore our dignity. We should have the first right to our land, our employment, and our resources. Only then can we truly say that this country respects our honour and dignity.”
“I believe true peace requires partnership,” Omar said while talking about the prerequisite of peace in the erstwhile state. “It shouldn’t be an enforced calm, but one borne out of the will of the people so that they can live their lives peacefully.” He asserted that democracy has its key elements which need to be strengthened. “Without freedom of speech, there is no real democracy. I know my colleagues and I might often be the first targets of this freedom, but that is the essence of democracy. Press, judiciary, bar associations, labour unions, and other organisations must be strengthened, creating an environment of peace and mutual respect.”
However, he sounded hopeful of an early restoration of statehood, given the “assurances” from the Prime Minister.
Hybrid Governance
Barring the academic decision, however, Omar’s government is still collecting details from the ground to gain an understanding of how it might operate. It needs low-hanging fruit but is aware of its limitations. Jammu Kashmir is not even a half state and the governance structure is ‘hybrid’ in which most of the powers are with the Raj Bhawan.
“Jammu and Kashmir cannot operate under dual control,” admitted Nasir Aslam Wani, adviser to the Chief Minister. “It doesn’t work like having the LG oversee the security grid while the rest is handled by the Chief Minister.”
The new government has not been able to tell the political appointees to put in their papers. Barring the Advocate General no political appointee has stepped down. Instead, the political appointees are holding meetings and ensuring the officers attend these meetings.
Omar is on record as saying that he will avoid any confrontation. Lt Governor Manoj Sinha reiterated many times that he will work with the elected government and will avoid any confrontation. However, the hybrid structure of governance is creating a situation that can simply be seen as confrontation even if it is not.
UT Foundation Day
October 31, is an interesting instance. It is the anniversary of the undoing of Jammu and Kashmir as a state and bifurcating it into two federally governed Union territories on October 31, 2019. Raj Bhawan has been celebrating the day every year. This year, the divisional commissioner extended invitations for a function at SKICC for which the audience was managed through the education department.
This created an interesting situation. The cabinet passed a resolution for the status quo ante and Raj Bhawan celebrated the status quo. The officers, though the face of the government but under the control of Raj Bhawan, managed the show. The ruling party boycotted the event as it had announced in anticipation.
After the event was over, there was a lot of critique. PDP observed it as a ‘black day’. Talking to reporters in Pulwama, Mehbooba Mufti said: “What has happened to Jammu Kashmir has not happened anywhere before. I want to tell the LG that for the people of Jammu Kashmir, and especially for the PDP, today is a black day and we will see it as a black day till Jammu Kashmir’s special privileges are not restored.”
“None of us will go to the UT Foundation Day. We do not accept the UT Foundation Day,” Tanvir Sadiq, JKNC’s Chief Spokesperson said. He condemned the 2019 abrogation of Jammu and Kashmir’s special status as “unconstitutional and immoral” and renewed the NC’s demand for the restoration of statehood. “We want statehood restored as soon as possible so that we can enjoy our state like other states.”
“This day should be remembered as a day of disempowerment, not triumph,” Sajad Lone said, terming the celebrations audacious. “Why should they rub salt into the wounds of the people of Jammu Kashmir”.
Barring the BJP, no political party attended the function. However, after his speech to the event, LG Sinha spoke to the media. “I am seeing that those who took oath as MLA of a UT and often refer to the Constitution of India are not here,” Sinha said in his speech. “The ground reality is that it (Jammu Kashmir) is a UT today. When it will be made a state, and we want it to be a state, we will celebrate Statehood Foundation Day as well. This shows their dual character.” he added.
Assurances of early restoration of statehood apart, Sinha’s assertion goes with the party’s thought process. “There are two words we usually use when it comes to statehood: return and restore. We should stop using these words, the reason being that the Jammu and Kashmir we are talking about now is totally a new entity. The old Jammu and Kashmir no longer exists. Major areas, in terms of geography, are part of a separate Union Territory (Ladakh). The residual old Jammu and Kashmir is the new UT now,” BJP leader and in-charge of Jammu and Kashmir Ram Madhav told The Indian Express. “There is a demand, about which we also talk about, and both the Home Minister and Prime Minister have made it clear that Jammu and Kashmir will get statehood. It is a fresh state. What will be the shape and form of that state will be decided by Parliament. There will be discussion, there will be an Act granting certain powers to the UT at the appropriate time. Giving statehood is a commitment made by the (Central) government. When and how will be decided by Parliament.” He said the BJP’s priority is not statehood but to “address the issues of bread and butter that matter to the people”.
Now the real battle for the TV screens will be fought in the assembly where the BJP will oppose everything that JKNC, Congress, and PDP will move to the table. Almost every political party including the JKNC wants to move a resolution for restoration of abrogated Article 370. Though inconsequential, it is just for the record of history. Nobody wants a confrontation but it is uploading suo moto.
