The Azad Jammu and Kashmir (AJK) Supreme Court on Sunday affirmed the government’s stance regarding the reserved refugee seats in the AJK Legislative Assembly. It declared that the 12 seats allocated for refugees are safeguarded by the constitution and cannot be modified through administrative actions.
The ruling came in response to a presidential reference filed under Article 46-A of the Interim Constitution, 1974, initiated by the President of Azad Jammu and Kashmir on the government’s advice. The reference sought the court’s interpretation on constitutional issues concerning refugee seats and related matters.
In its verdict, the apex court emphasized that these 12 refugee seats are constitutionally protected under Article 22 and have historical legal foundations dating back to laws enacted in 1960, 1964, and 1970. The court further noted their connection to the interim constitutional framework, the 1974 Constitution, and the 1975 Act.
It stated, “The twelve refugee seats mentioned in Article 22(1)(a)(ii) and (ii) of the Constitution can only be changed, reduced, or eliminated through a constitutional amendment passed in strict accordance with Article 33.” The court added that any attempt to abolish these seats through coercion, threats, or other unconstitutional means lacks legal validity and contradicts the principles of constitutional supremacy and rule of law outlined in Articles 33 and 57.
Meanwhile, the court supported the government’s decision to leave the remaining constitutional matters to the elected Legislative Assembly, underscoring that amendments require public mandate, parliamentary discussion, and adherence to constitutional procedures.
Interpreting Articles 22(3) and 22(4), the court clarified the authority and tenure of the Legislative Assembly and stressed that elections must be held within the constitutionally prescribed timeframe. It ruled out political disputes or protests as valid reasons to delay elections.
The court also highlighted that ensuring elections and maintaining law and order is a state responsibility essential to upholding democratic and constitutional processes. It asserted that constitutional supremacy, not street protests, is the ultimate authority in Azad Kashmir.
While acknowledging peaceful protest as a constitutional right, the court warned that actions disrupting normal life are not protected under the constitution. It emphasized that one individual’s rights cannot infringe upon the rights of others and that the administration must safeguard public peace, constitutional order, and the rule of law.
This judgment arrives amid ongoing protests demanding the abolition of the 12 refugee seats reserved for those who migrated from Indian Illegally Occupied Jammu and Kashmir (IIOJK) after 1947. Earlier this week, the All Parties Conference (APC) at the Prime Minister’s Secretariat in Muzaffarabad rejected calls to remove these seats, affirming that constitutional reforms are the sole prerogative of elected representatives.
Furthermore, the AJK Legislative Assembly recently passed a resolution to retain the 12 seats, describing refugee representation as a constitutional and historical reality. The resolution also permitted the assembly to implement any necessary reforms to simplify the electoral system and accommodate political parties.
