The unconstitutionality of abolishing Kashmiri refugee seats

The Joint Awami Action Committee (JAAC) in Azad Jammu and Kashmir (AJK) is demanding the abolition of 12 reserved seats for Kashmiri refugees in the legislative assembly, a move that critics argue challenges constitutional governance and historical justice.

These seats are enshrined in Article 22 of the AJK Interim Constitution of 1974, recognizing the integral role of displaced Kashmiri populations in the region's political landscape. The JAAC alleges these seats are used for "electoral engineering," but attempts to abolish them face significant constitutional hurdles.

The AJK Supreme Court, in an advisory opinion, affirmed that these seats hold constitutional protection and cannot be removed by executive action. However, the court indicated that abolition is possible through a formal amendment to the constitution, a process requiring broader legislative consensus. Critics argue that removing these seats would disenfranchise a distinct class of citizens based on their origin and migratory history, potentially violating fundamental rights and principles of equality before the law guaranteed under the AJK Constitution.