Executive Powers
The President of Azad Jammu and Kashmir is the constitutional and ceremonial head of state. All executive powers are exercised by the Government of Azad Jammu and Kashmir, consisting of the Prime Minister and the cabinet, on his behalf, and he is bound to act on their advice. He also serves as the Vice Chairman of the Azad Jammu and Kashmir Council. The President, on the advice of the Prime Minister, may make rules for carrying out the purposes of the Constitution and can promulgate orders based on the advice of the Prime Minister, ministers, or relevant authorities.
In the event of the Prime Minister’s death, resignation, removal, or other incapacitation, the President appoints the senior-most minister as Acting Prime Minister. Additionally, he appoints a Plebiscite Adviser in the state, the Advocate General on the advice of the Prime Minister, and the Auditor General on the advice of the Chairman of the Council. He also appoints the Chief Election Commissioner after consulting with both the Prime Minister and the Leader of the Opposition, and he selects members and the Chairman of the Council of Islamic Ideology on the advice of the Prime Minister.
The President appoints the Chairman of the Azad Jammu and Kashmir Public Service Commission on the advice of the Prime Minister and serves as Chancellor of the public sector universities in the region, where he appoints Vice Chancellors based on the recommendations of relevant authorities. Lastly, the President administers the oath to the Prime Minister and members of the cabinet, including ministers and advisers.
Judicial Powers
The President appoints the Chief Justice of the Supreme Court of Azad Jammu and Kashmir and the Chief Justice of the High Court of Azad Jammu and Kashmir. He also appoints judges of the Supreme Court and the High Court on the advice of the Council. In the absence of the Chief Justice, the President may appoint Acting Chief Justices for both the Supreme Court and the High Court, and he may also appoint additional judges to the High Court and ad hoc judges to the Supreme Court and High Court.
The Aalim Judge of the Shariat Appellate Bench of the High Court is appointed by the President on the advice of the Prime Minister and after consultation with the Chief Justice of the Supreme Court and the Chief Justice of the High Court. The President has the authority to remove judges of the Supreme Court and High Court based on the recommendations of the Supreme Judicial Council.
If the Chairman of the Council or the President seeks the opinion of the Supreme Court of Azad Jammu and Kashmir on any question of law that is considered of public importance, the President may refer the question to the Supreme Court for reconsideration. The President also has the power to grant pardons, reprieves, and respites, and to remit, suspend, or commute any sentence passed by any court, tribunal, or other authority.
Additionally, the President administers the oath to the Chief Justice of the Supreme Court and the High Court of Azad Kashmir.
Legislative Powers
A bill can only become an act when the President of the state assents to it or it is deemed assented after the passage of a certain period. The President has the authority to summon and prorogue sessions of the Legislative Assembly of the state. He can dissolve the Legislative Assembly on the advice of the Prime Minister.
When the Legislative Assembly is not in session, the President can promulgate ordinances, provided he is satisfied with the need for such action, on the advice of the Prime Minister or the cabinet. The President may also address the Assembly and send messages to it.
All proceedings of the Assembly are to be conducted in accordance with the Rules of Procedure made by the Assembly and approved by the President. The Speaker of the Assembly may resign from office by submitting a written resignation to the President.
The President signs the finance bill approved by the Legislative Assembly and also signs any constitutional amendment bill for the state of Azad Jammu and Kashmir.
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