Excelsior Correspondent
JAMMU, July 4: The provincial president of Jammu & Kashmir National Conference, Rattan Lal Gupta has strongly dismissed speculative media narratives suggesting that fresh Assembly elections would be mandatory following the restoration of Statehood to Jammu and Kashmir.
In a statement issued here today, the senior NC leader termed these assumptions as “constitutionally unfounded and democratically misleading.”
He was responding to recent remarks by the Chief Minister Omar Abdullah, who stated he has no objection to dissolving the current Assembly if Statehood is restored. While welcoming Omar Abdullah’s statement, he clarified that “dissolution of the Assembly is not a constitutional compulsion, but rather a political choice.”
Citing the constitutional framework, Rattan Lal Gupta emphasized that the reorganisation of States and Union Territories is governed by Article 3 of the Constitution of India, which empowers Parliament to create new States, alter boundaries, or change the status of existing territories. It was under this provision that the Jammu and Kashmir Reorganisation Act, 2019 was passed-leading to the bifurcation of the erstwhile State into two UTs: Jammu and Kashmir (with a legislature) and Ladakh (without a legislature).
“The Constitution does not mandate the dissolution of a UT’s Legislative Assembly while elevating it to statehood,” he said, adding “Parliament can simply amend the existing Act to convert the UT back into a State, without disbanding the present Assembly. Legally, if Government of India would introduce a reorganization bill in Parliament, changes the status from UT to State, defines thereby the structure of legislature, governance and transition provisions, then Parliament can choose to continue the existing Assembly as the first legislative Assembly of the new State of J&K.
Drawing historical context, the senior NC leader pointed out the 1987 example of Goa, where the UT was granted Statehood and its legislature continued briefly before being dissolved for fresh elections. “Even then, there was no constitutional obligation-only a political will to start afresh under new circumstances,” he said.
On the question of Statehood restoration, Gupta expressed concern over the continued delay despite repeated assurances from the Centre. “The Government at the Centre keeps saying Statehood will be restored at an appropriate time, but now it is the most appropriate time to restore statehood to J&K, he said.
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