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]
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
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
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
List of Amendments to the AJK Interim Constitution Act 1974
↑ 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]
Saraf, Muhammad Yusuf (2015) [1979]. Kashmiris Fight for Freedom. Vol.2 (1947 to 1978). Mirpur, AJK: National Institute of Kashmir Studies.
The Azad Jammu and Kashmir Laws Code(PDF), vol.II From 1963-1970, Department of Law, Justice, Parliamentary Affairs & Human Rights. Azad Government of the State of Jammu and Kashmir, 2008 [1984]
Azad Jammu and Kashmir, abbreviated as AJK and colloquially referred to as simply Azad Kashmir, is a region administered by Pakistan as a nominally self-governing entity and constituting the western portion of the larger Kashmir region, which has been the subject of a dispute between India and Pakistan since 1947. Azad Kashmir also shares borders with the Pakistani provinces of Punjab and Khyber Pakhtunkhwa to the south and west, respectively. On its eastern side, Azad Kashmir is separated from the Indian union territory of Jammu and Kashmir by the Line of Control (LoC), which serves as the de facto border between the Indian- and Pakistani-controlled parts of Kashmir. Geographically, it covers a total area of 13,297 km2 (5,134 sq mi) and has a total population of 4,045,366 as per the 2017 national census.
The Politics of Pakistan takes place within the framework established by the constitution. The country is a federal parliamentary republic in which provincial governments enjoy a high degree of autonomy and residuary powers. Executive power is vested with the national cabinet which is headed by Prime Minister of Pakistan, who works coherently along with the bicameral parliament and the judicature. Stipulations set by the constitution provide a delicate check and balance of sharing powers between executive, legislative, and judicial branches of the government.
The Poonch District is a district of Pakistan-administered Azad Kashmir in the disputed Kashmir region. It is one of the 10 districts of this Pakistan-administered territory. It is bounded on the north by Bagh District, on the north-east by Haveli District, on the south-east by the Poonch District of Indian-administered Kashmir, on the south by Azad Kashmir's Sudhanoti and Kotli districts, and on the west by Rawalpindi District of Pakistan's Punjab Province. The Poonch District is part of the greater Kashmir dispute between India and Pakistan. The district headquarters is the city of Rawalakot. It is the 3rd most populus district of Azad Kashmir.
Representation of the People Act is a stock short title used in Antigua and Barbuda, The Bahamas, Bangladesh, Barbados, Belize, Ghana, Grenada, Guyana, India, Jamaica, Mauritius, Pakistan, Saint Vincent and the Grenadines, Trinidad and Tobago, the United Kingdom and Vanuatu for legislation dealing with the electoral system. Representation of the People Acts is a collective title for legislation relating to representation of the people, including Rating Acts and other Registration Acts. The title was first used in the United Kingdom in the 1832 Great Reform Act and was adopted in other countries of, or formerly part of, the British Empire thorugh the spread of the Westminster parliamentary system.
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.
Abdur Rasheed Turabi is a well-known politician of Azad Jammu & Kashmir. He was the Emir of Jamaat-e-Islami Azad Kashmir till July 2017. Dr Khalid Mahmood is his successor and newly elected Ameer of JI AJK. He is a well known columnist and also has written books giving the guidelines of solution of Kashmir dispute. He remained President of Islami-e-Jamiat Talaba Kashmir Chapter (1974–76). He participated greatly in the freedom movement of Kashmir. He is member of Legislative Assembly of Azad Jammu & Kashmir. He is also member of Muslim World league.
Sardar Sikandar Hayat Khan was an Azad Kashmiri politician who served as the Prime Minister of Azad Kashmir for two non-consecutives terms. He also served as the President of Azad Kashmir twice. He was the longest-serving prime minister of Azad Kashmir, having served a total of more than 10 years across two tenures.
The president of Azad Kashmir, Officially the president of the State of Azad Jammu and Kashmir is the constitutional and ceremonial head of state of Azad Kashmir.
Sahibzada Muhammad Ishaq Zaffar also known as Ishaq Zaffar (1945–2006) was a Pakistani politician in Azad Kashmir administrative territory. He filled various positions in the Azad Kashmir government from the 1970s until dying in office in 2006, beginning as a member of the Pakistan People's Party, serving as member of the Azad Kashmir Legislative Assembly, Speaker of the Assembly, Acting President of Azad Kashmir, and senior minister, and was opposition leader in the constituent assembly at the time of his death. He contested elections for constituent assembly of Azad Kashmir for five times and always won assembly seat.
The Government of Azad Kashmir is the state government which administers one of the territories of Pakistani-administered Kashmir territories of Azad Kashmir. The Azad Kashmir government consists of a president as head of state and a prime minister as chief executive, with the support of a council of ministers. The state assembly is the Azad Kashmir Legislative Assembly.
The Ministry of Kashmir Affairs & Gilgit-Baltistan is a ministry of the Government of Pakistan. It handles the regional affairs of Azad Jammu and Kashmir and Gilgit-Baltistan as both territories of Pakistani-administered Kashmir do not have regular provincial status within Pakistan due to political circumstances revolving around the long-running Kashmir conflict.
State Disaster Management Authority (SDMA) Azad Jammu & Kashmir is an autonomous authority mandated to act as leading agency in disaster management, its mitigation and preparedness in Azad Jammu & Kashmir, Pakistan. Azad Jammu & Kashmir is highly prone to multiple hazards and has experienced worst disasters situation due to earthquake, torrential rain/flood, landslides & avalanches in the recent past.
The Supreme Court of Azad Jammu & Kashmir is the highest court of appeal in Azad Jammu and Kashmir. It consists of a Chief Justice and two other Judges.
The Jammu and Kashmir Reorganisation Act, 2019 is an act of the parliament of India containing provisions to reconstitute the Indian-administered state of Jammu and Kashmir into two Indian-administered union territories (UTs) called Jammu and Kashmir, and Ladakh, and becoming effective on 31 October 2019. A bill for the act was introduced by the Minister of Home Affairs, Amit Shah, in the Rajya Sabha on 5 August 2019 and was passed on the same day. It was then passed by the Lok Sabha on 6 August 2019 and it received the president's assent on 9 August 2019.
The Kashmir Premier League is a professional Twenty20 cricket league organized by Pakistan Cricket Board in Azad Kashmir. The league was founded in 2021. It consists of seven franchises; six teams representing major cities in Kashmir, while one team is representing the Kashmiri diaspora. Each team plays the group stage matches in a single round-robin tournament with the top four teams qualifying for the playoffs and ultimately for the final. Matches played in the Kashmir Premier League do not have official T20 status.
Sardar Abdul Qayyum Khan Niazi is a Kashmiri politician from Azad Jammu and Kashmir who was the 13th Prime Minister of Azad Kashmir from August 2021 to April 2022. He has been a member of the Azad Jammu and Kashmir Legislative assembly since August 2021. He has been the president of Pakistan Tehreek-e-Insaf's Azad Jammu and Kashmir chapter since April 2023.
The Azad Jammu & Kashmir Election Commission is an independent, autonomous, permanent and constitutionally established body responsible for organizing and conducting elections to the Azad Jammu and Kashmir Legislative Assembly, Kashmir council, local governments, and the office of President of Azad Kashmir, as well as the delimitation of constituencies and preparation of electoral rolls. In accordance with the principles set down in the Interim Constitution of AJK, the commission makes the necessary measures to guarantee that the election is conducted honestly, justly, fairly, and in compliance with the law, and that corrupt practices are prevented.
The Azad Jammu and Kashmir Council or AJK Council is a supreme legislative and executive body of the Government of Azad Jammu and Kashmir which works under the federal Government of Pakistan. This governing body has more constitutional, executive, financial, legal, and administrative powers than the Legislative Assembly of Azad Jammu and Kashmir.
Local government elections were held in Azad Jammu and Kashmir on 27 November, 3 December 2022 and 8 December 2022 in three phases. These local government elections were the first ones in more than three decades. The results were declared for each of the three phases on their respective voting days. The elections will be held under the supervision of Election Commission of Azad Jammu and Kashmir.
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