NEW DELHI: The newly elected assembly of India-held Jammu and Kashmir on Wednesday called for restoration of the special status that was taken away in August 2019 during the second term of Prime Minister Narendra Modi.

Mr Modi has promised to restore the status of a “full state” to the occupied territory, but the removal of the special status it had enjoyed would remain intact.

The assembly — piloted by the National Conference-Congress government — passed a resolution on Wednesday de­­man­ding that New Delhi restore the disputed Muslim-majority territory’s partial autonomy.

The removal of the special status, together with the paring down of the held state to a union territory, happened in quick, simultaneous moves in parliament as part of Mr Modi’s right-wing Bharatiya Janata Party’s promise.

India’s Supreme Court, under outgoing Chief Justice D.Y. Chandrachud, subsequently endorsed the abrogation of Article 370, but ordered assembly elections by September this year.

Mr Modi has promised to restore statehood without the special rights, which were similar to rights still enjoyed by several north-eastern states under constitutional guarantees.

The smashing of the special status and statehood on Aug 5, 2019, came early into Mr Modi’s second term and the measures were imposed suddenly through an unprepared parliament. The move was accompanied by mass arrests and a months-long communications blackout.

Mr Modi’s handpicked governor had ruled the held state in the absence of an elected government. It was his advice to abrogate Article 370 that was used as an excuse to do away with the special status.

Constitutional lawyers questio­ned the act, arguing that such a plea could only be taken by an elected assembly, not by a governor after he had prorogued the assembly.

But last month the territory also elected its legislative assembly, with voters choosing a government in opposition to the BJP.

“This assembly calls upon the government of India to initiate dialogue with elected representatives of people of Jammu and Kashmir for restoration of special status,” the resolution read. It passed by a majority vote.

The 29 BJP members in the 90-seat house opposed the non-binding resolution, which requires approval from the federally appointed governor.

“The assembly has done its job,” chief minister Omar Abdullah told reporters.

The resolution said it “reaffirms the importance of the special and constitutional guarantees, which safeguarded the identity, culture and rights of the people of Jammu and Kashmir”.

About 500,000 Indian troops are deployed in occupied Kashmir for the last 35 years, battling a resistance in which tens of thousands of civilians, soldiers and fighters have been killed. According to reports, dozens have died this year alone.

Published in Dawn, November 7th, 2024