Azad Jammu and Kashmir Supreme Court Clarifies Constitutional Amendment Process

MUZAFFARABAD—The Supreme Court of Azad Jammu and Kashmir (AJK) has clarified that amendments to the region’s constitution are “not a concession to be wrested” from the government. The court issued this stance following a presidential reference filed by Acting President Chaudhry Latif Akbar under Article 46‑A of the Interim Constitution Act, 1974.

The reference arose after the Joint Awami Action Committee (JAAC) demanded the abolition of 12 seats reserved for refugees from Indian‑occupied Jammu and Kashmir in the AJK Legislative Assembly. These seats, allocated to refugees who settled in mainland Pakistan after 1947, have long been a point of contention. The JAAC argues that mainstream Pakistani parties use them to influence government formation in Muzaffarabad.

President Akbar’s query focused on five key issues: the constitutional status of the refugee seats; the legislature’s authority to enact a fundamental constitutional amendment at this stage; the limits of civil society’s rights to assembly and association; and the state’s duty to safeguard the electoral process while rejecting extra‑constitutional demands.

In its advisory opinion dated 6 June, Chief Justice Raja Saeed Akram Khan emphasized that the AJK constitution is the supreme law of the state and its provisions belong to the people of Azad Jammu and Kashmir and the wider Kashmiri community. He stated, “The amendment of the constitution is a solemn constitutional act, not a concession to be wrested from a government under duress.” He added that constitutional changes may only be effected through the process prescribed by the constitution itself, requiring a democratically elected assembly, thorough deliberation, consultation, and consensus building.

The Court stated that the advisory opinion was rendered after “full consideration of the constitutional provisions, the legislative and historical background of the refugee seats, the factual matrix presented, and the submissions of the Advocate General and the learned amicus curiae.”

It further affirmed that the AJK government is legally bound to hold elections within the timeframe stipulated by the constitution, rejecting the notion that the constitution is a “document to be honoured when convenient and discarded when inconvenient.” The Court reiterated that the constitution endures because its guardians—government, legislature, judiciary, and ultimately the people—stand firm in its defense.

This opinion followed the government’s proscription of JAAC, which is scheduled to protest on 9 June over the contentious demand to abolish the 12 refugee seats. The group has also advocated for economic reforms to reduce energy costs and provide free healthcare.

Minister for Parliamentary Affairs Tariq Fazal Chaudhry responded that most of the demands had already been addressed, noting that 35 of 38 were met. Chief Election Commissioner Justice Ghulam Mustafa Mughal, upon announcing the election schedule, indicated that while elections for refugee seats were previously supervised by the judiciary, the responsibility will now rest with officials of the Election Commission of Pakistan, warning that prolonged agitation could disrupt the electoral process.

AJK authorities have advised visitors to postpone trips until 20 June due to security concerns ahead of the planned protests.

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