MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Supreme Court has ruled that the 12 seats reserved for refugees in the Legislative Assembly are constitutionally protected and cannot be abolished or modified through executive decisions, backing the government’s position on the matter.
The ruling was issued in response to a presidential reference submitted under Article 46-A of the Interim Constitution, 1974. The reference sought the court’s interpretation of several constitutional questions related to refugee representation and associated legal issues.
In its detailed opinion, the apex court stated that the reserved refugee seats are safeguarded under Article 22 of the Constitution and have historical foundations in legal provisions dating back to 1960, 1964, and 1970. The court noted that these seats are deeply embedded within the constitutional and legal framework governing AJK.
According to the judgment, any proposal to alter, reduce, or abolish the refugee seats must be pursued through a formal constitutional amendment under Article 33. The court emphasized that constitutional provisions cannot be removed through pressure tactics, public agitation, or other extra-constitutional means.
The judges further observed that demands aimed at changing constitutional arrangements through coercion or disruption have no legal standing and are inconsistent with the principles of constitutional supremacy and the rule of law.
Addressing broader constitutional issues, the court supported the government’s view that unresolved political and constitutional questions should be decided by the elected Legislative Assembly. It stressed that constitutional reforms must originate through democratic institutions, public representation, and parliamentary procedures.
The Supreme Court also clarified provisions relating to the tenure and powers of the Legislative Assembly, underscoring that elections must be held within the timeframe prescribed by the Constitution. It rejected the notion that political disagreements or protest movements could justify delaying the electoral process.
The ruling highlighted the state’s responsibility to conduct elections and maintain law and order, ensuring the uninterrupted functioning of democratic institutions. While acknowledging peaceful protest as a fundamental right, the court stated that actions causing public disruption or undermining constitutional governance do not enjoy legal protection.
The opinion comes amid ongoing demonstrations demanding the abolition of the 12 assembly seats allocated to refugees from Indian Illegally Occupied Jammu and Kashmir (IIOJK) who settled in Pakistan after 1947.
Earlier this week, an All Parties Conference in Muzaffarabad unanimously opposed the demand to abolish the reserved seats, maintaining that any constitutional reform falls within the authority of elected representatives. Similarly, the AJK Legislative Assembly recently passed a resolution reaffirming the constitutional and historical significance of refugee representation while expressing openness to reforms aimed at improving the electoral framework.
The post AJK SC affirms constitutional status of refugee seats appeared first on Karachi News.