Constitutional amendment not a concession to be wrested, says AJK SC on presidential reference

The Azad Jammu and Kashmir Supreme Court has declared that amending the region's constitution is not a concession to be extracted from the government. The court issued this advisory opinion in response to a presidential reference concerning the demand to abolish 12 seats reserved for refugees from Indian-occupied Jammu and Kashmir in the legislative assembly.

The Joint Awami Action Committee (JAAC) had demanded the abolition of these seats, alleging they are used by Pakistani political parties to influence government formation. The presidential reference sought clarity on the constitutional status of these seats, the legislature's power to amend the constitution, and the state's obligations.

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It can only be accomplished through the process the Constitution itself prescribes, by an Assembly possessed of the full democratic mandate of the people, after deliberation, consultation, and consensus-building.

In its advisory opinion, the AJK Supreme Court Chief Justice stated that the AJK Constitution is the supreme law and its provisions belong to the people. Amendments must follow due process, not be made under duress. The court emphasized that amendments require deliberation, consultation, and consensus-building by an assembly with a full democratic mandate.

The court also affirmed the government's legal obligation to hold elections within the stipulated time, asserting the constitution endures through the defense of its guardians: the government, legislature, judiciary, and the people. The Chief Election Commissioner had previously announced the election schedule, noting that the Election Commission of Pakistan would now oversee elections for the refugee seats. The government proscribed the JAAC shortly before their planned protest, highlighting the sensitive nature of the refugee seat issue.

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The Constitution endures because its guardians, ie, the government, the legislature, the judiciary, and ultimately the people, stand firm in its defence.