Summary
- The Azad Jammu and Kashmir (AJK) Supreme Court has upheld the constitutional status of 12 reserved refugee seats in the AJK Legislative Assembly.
- It stated that any change to these seats must be made through a proper constitutional amendment under Article 33.
- The court clearly stated that no authority can alter, abolish, or reduce these seats without following constitutional procedure.
The Azad Jammu and Kashmir (AJK) Supreme Court has upheld the constitutional status of 12 reserved refugee seats in the AJK Legislative Assembly. The court said these seats cannot be changed through administrative action.
The court issued its opinion on a presidential reference submitted under Article 46-A of the Interim Constitution. It stated that any change to these seats must be made through a proper constitutional amendment under Article 33.
The judgment explained that the refugee seats are protected under the constitution. It said they are linked to historical legal arrangements and constitutional frameworks dating back to earlier laws and the 1974 Interim Constitution.
The court clearly stated that no authority can alter, abolish, or reduce these seats without following constitutional procedure. It added that only elected representatives have the power to bring such changes through legislation.
The court also observed that demands for constitutional changes through protests, pressure, or extra-legal methods have no legal standing. It said such actions go against the principle of constitutional supremacy.
The ruling emphasized that the constitution must remain the highest authority. It said all disputes must be resolved within the legal and parliamentary framework.
The court further noted that elections in AJK must be held on time. It said the electoral process cannot be delayed due to political pressure or public agitation.
It added that maintaining law and order and ensuring elections are conducted is the responsibility of the state. The state must ensure continuity of democratic processes.
The court also said that one group’s demands cannot override the rights of others. It stressed that public peace and constitutional order must be protected at all times.
The decision comes amid ongoing political debate over the 12 refugee seats reserved for Kashmiri migrants who settled in Pakistan after 1947.
The issue has also been discussed in political forums and assemblies in AJK. Recently, the AJK Legislative Assembly passed a resolution supporting the continuation of these seats.
Political leaders have maintained that any reforms should be made through constitutional means and with the consent of elected representatives.
We welcome your contributions! Submit your blogs, opinion pieces, press releases, news story pitches, and news features to [email protected] and [email protected]
