Interim Constitution of Azad Jammu and Kashmir (1974)

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Azad Jammu and Kashmir Interim Constitution, 1974
Overview
JurisdictionAzad Jammu and Kashmir
Created1974
SystemParliamentary democracy with an elected legislature,[1] republic
History
Amendments14
CitationAzad Jammu and Kashmir Interim Constitution Act (VIII of 1974) (PDF), 31 August 1974, archived from the original (PDF) on 31 July 2021[2]

The Interim Constitution of Azad Jammu and Kashmir (Act VIII of 1974) provides for an apparently transitory autonomous parliamentary framework of self-governance and power sharing for the region of Azad Jammu and Kashmir, defined by the act as the "territories of the State of Jammu and Kashmir which have been liberated by the people of that State and for the time being under the administration of Government and such other territories as may hereafter come under its administration",[3] however it does not pertain to areas such as Gilgit, Hunza and Baltistan.[4] The act succeeded and re-enacted the Azad Jammu and Kashmir Government Act, 1970 with modifications. It was promulgated under the Prime Minister of Pakistan Zulfiqar Ali Bhutto.[5] The constitution has been amended 14 times.[6] It is based on the 1973 Constitution of Pakistan.[7]

The parliamentary system introduced a Prime Minister of Azad Kashmir as head of the government responsible for the executive power. The Prime Minister of Pakistan was to head the Azad Jammu and Kashmir Council. The Council had jurisdiction over most of the legislative functioning, including executive authority over them.[8] Following the 13th amendment in 2018, the powers of the Council were transferred to the AJK Assembly and Pakistan government, leaving it with an advisory role. The amendment also removed importance given to the usage of the word "Act".[9]

The Interim Constitution, along with the Karachi Agreement, Simla Agreement and United Nations Commission for India and Pakistan resolutions, form the legal connection between Pakistan and AJK.,[10][11][a] apart from the practical connection over the decades.[11]

History[edit]

An ordinance in 1950 "Rules of Business of Azad Kashmir Government 1950" vested powers in a "Supreme" head of state.[12] Two years later the rules of business were re-constituted, this time vesting powers in the Joint Secretary of the Ministry of Kashmir Affairs, a ministry of the government of Pakistan.[12] In 1958 this was changed to "Chief Advisor".[12] In 1960, inspired by the "basic democracy" system of Pakistan, an act was passed Kashmir Basic Democracies Act, 1960.[12] This was amended in 1964, 1967, 1968.[13]

Until 1970, the administration of Azad Kashmir (AJK) was guided by a number of provisional orders.[1] The governing power lay with bureaucrats in the Ministry of Kashmir Affairs, a ministry of the government of Pakistan.[14] In 1973 Pakistan got a new constitution.[15] Subsequently, similar demands were made for AJK.[15] The draft was introduced in the Legislative Assembly of AJK on 24 August 1974.[8] It was passed without any deliberations in the assembly.[16]

Preamble[edit]

The preamble mentions that the 1974 constitution is successive legislation, and references the Kashmir dispute, UN mediation of the conflict, expression of self-determination through a plebiscite, Islam and the Quran.[17] The 13th Amendment of the Constitution introduces two new paragraphs into the constitution.[18] However, with regard to self-determination, Section 7(2) of the Interim Constitution disallows any activity that goes against the accession of AJK to Pakistan.[19]

About[edit]

The Constitution provides for the creation of the following— President, Prime Minister, Council of Ministers, Legislature, Council, High Court, Supreme Court, Chief Election Commissioner, Auditor General, Council of Islamic Ideology.[20][21]

As per the constitution, AJK has its own flag and national anthem.[22] For the purpose of this constitution, it does not pertain to the northern areas of the former state of Jammu and Kashmir.[4]

The act provided for two executive branches, the AJK Government, and the AJK Council.[23] The Council was based in Islamabad and was chaired by the Prime Minister of Pakistan.[24] The Council had jurisdiction over 52 subjects including nuclear energy, aircraft, copyright, banking, insurance, stock-exchanges, census, railways, oil and gas, electricity, press, education and tourism.[25] As per the 13th amendment in 2018, the council stands largely abolished, with only advisory powers remaining.[26]

Amendments[edit]

List of Amendments to the AJK Interim Constitution Act 1974
Amendments between 1975 and 2000
No. Amendments Act No. Ref Notes
1 AJ&K Interim Constitution (First Amendment) Act, 1975 IX of 1975 [27]
2 AJ&K Interim Constitution (Second Amendment) Act, 1976 VII of 1976 [27]
3 AJ&K Interim Constitution (Third Amendment) Act, 1976 VII of 1976 [27]
4 AJ&K Constitution (Fourth Amendment) Act, 1977 I of 1977 [27]
5 AJ&K Interim Constitution (Fifth Amendment) Act, 1977 VII of 1977 [27]
6 AJ&K Interim Constitution (Sixth Amendment) Act, 1986 I of 1986 [28]
7 AJ&K Interim Constitution (Seventh Amendment) Act, 1986 II of 1986 [28]
8
9 AJ&K Interim Constitution (Ninth Amendment) Act, 1988 IX of 1988 [28]
10 AJ&K Interim Constitution (Tenth Amendment) Act, 1993 XX of 1993 [29]
11 AJ&K Interim Constitution (Eleventh Amendment) Act, 2005 VII of 2005 [30]
12 AJ&K Interim Constitution (Twelfth Amendment) Act, 2018 I of 2018 [31]
13 AJ&K Interim Constitution (Thirteenth Amendment) Act, 2018 III of 2018 [31] More powers are transferred to the AJK government[32][33] Word "Act" deleted.[34]
14 AJ&K Interim Constitution (Fourteenth Amendment) Act, 2020 XL of 2020 [31]

See also[edit]

References and notes[edit]

Notes
  1. ^ Azad Jammu and Kashmir falls under Article 1, sub-article 2, clause d of the Constitution of Pakistan "such States and territories as are or may be included in Pakistan, whether by accession or otherwise".[11]
Citations
  1. ^ a b Robinson, Cabeiri deBergh (2013). Body of Victim, Body of Warrior: Refugee Families and the Making of Kashmiri Jihadists. University of California Press. p. 45. ISBN 978-0-520-95454-0.
  2. ^ Ali & Rehman 2013, p. 120.
  3. ^ Hayat 2014, p. 44.
  4. ^ a b Gilani 2019, p. 204.
  5. ^ "The 14th Amendment Bill to the 1974 Interim Constitution of so-called 'Azad' Jammu & Kashmir reeks of subjugation and occupation". www.efsas.org. European Foundation for South Asian Studies (EFSAS). Retrieved 12 November 2021.
  6. ^ "AJ&K Interim Constitution, 1974 (Amendments)". Supreme Court Of Azad Jammu & Kashmir. Retrieved 12 November 2021.
  7. ^ Saraf 2015, p. 626.
  8. ^ a b Gilani 2019, p. 181.
  9. ^ Gilani 2019, p. 194, 217.
  10. ^ Hayat 2014, p. 89.
  11. ^ a b c Gilani 2019, p. 207-208.
  12. ^ a b c d Rose 2019, Chapter 11.
  13. ^ Law Department, AJK (2008), p. 26, 56, 76.
  14. ^ Hayat 2014, p. 86.
  15. ^ a b Saraf 2015, p. 624.
  16. ^ Hayat 2014, p. 87.
  17. ^ Gilani 2019, p. 182-188.
  18. ^ Gilani 2019, p. 187.
  19. ^ Hayat 2014, p. 101.
  20. ^ Ali & Rehman 2013, p. 121.
  21. ^ Shekhawat 2007, p. 147.
  22. ^ Hayat 2014, p. 46.
  23. ^ Constitutional Structure of Azad Kashmir and Its Relationship to Pakistan, HRW (2006), p. 27.
  24. ^ Gilani 2019, p. 517.
  25. ^ "The Azad Jammu and Kashmir Laws Code. Volume 4. 1974 to 1977" (PDF). law.gok.pk. Azad Jammu and Kashmir Law, Justice, Parliamentary Affairs and Human Rights Department. Azad Government of the State of Jammu and Kashmir. pp. 111–114.
  26. ^ Gilani 2019, p. 516.
  27. ^ a b c d e "The Azad Jammu and Kashmir Laws Code. Volume IV. From 1974 to 1977" (PDF). law.gok.pk. Azad Jammu and Kashmir Law, Justice, Parliamentary Affairs and Human Rights Department. Azad Government of the State of Jammu and Kashmir.
  28. ^ a b c "The Azad Jammu and Kashmir Laws Code. Volume VIII. From 1985 to 1988" (PDF). law.gok.pk. Azad Jammu and Kashmir Law, Justice, Parliamentary Affairs and Human Rights Department. Azad Government of the State of Jammu and Kashmir.
  29. ^ "The Azad Jammu and Kashmir Laws Code. Volume IX. From 1989 to 1993" (PDF). law.gok.pk. Azad Jammu and Kashmir Law, Justice, Parliamentary Affairs and Human Rights Department. Azad Government of the State of Jammu and Kashmir.
  30. ^ "The Azad Jammu and Kashmir Laws Code. Volume XI. From 2001 to 2010" (PDF). law.gok.pk. Azad Jammu and Kashmir Law, Justice, Parliamentary Affairs and Human Rights Department. Azad Government of the State of Jammu and Kashmir.
  31. ^ a b c "The Azad Jammu and Kashmir Laws Code. Volume XIV. From 2018 to 2020" (PDF). law.gok.pk. Azad Jammu and Kashmir Law, Justice, Parliamentary Affairs and Human Rights Department. Azad Government of the State of Jammu and Kashmir.
  32. ^ Gilani, Syed Nazir (19 July 2020). "The proposed 14th Amendment in AJK Constitution and its Merits". Daily Times. Retrieved 14 November 2021.
  33. ^ "Act 1974: AJK approves 13th Amendment". www.thenews.com.pk. The News International. 3 June 2018. Retrieved 14 November 2021.
  34. ^ Gilani 2019, p. 194.
Bibliography

Further reading[edit]

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