Interim Constitution of Azad Jammu and Kashmir (1974)
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The Interim Constitution of Azad Jammu and Kashmir (Act VIII of 1974) provides for an apparently transitory autonomous
parliamentary A parliamentary system or parliamentary democracy is a system of democratic Democrat, Democrats, or Democratic may refer to: *A proponent of democracy Democracy ( gr, δημοκρατία, ''dēmokratiā'', from ''dēmos'' 'people' an ...
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", however it does not pertain to areas such as Gilgit, Hunza and Baltistan. 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 Zulfiqar Ali Bhutto ( sd, ذوالفقار علي ڀٽو; ur, ; 5 January 1928 – 4 April 1979) was a Pakistani barrister A barrister is a type of lawyer A lawyer or attorney is a person who practices law, as an advocate, attorney ...
. The constitution has been amended 14 times. It is based on the
1973 Constitution of Pakistan The Constitution of the Islamic Republic of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of Zulfiqar Ali Bhutto, with additional assistance from the country's Pakistani polit ...
. The parliamentary system introduced a
Prime Minister of Azad Kashmir Prime Minister of Azad Kashmir is the Chief Executive, chief executive of Azad Kashmir, The title of Prime Minister symbolizes the nominal independence of Azad Kashmir. The prime minister heads the Council of Ministers, who are members of the Aza ...
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. 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". The Interim Constitution, along with the
Karachi Agreement The Karachi Agreement of 1949 was signed by the military representatives of India and Pakistan, supervised by the United Nations Commission for India and Pakistan The United Nations Security Council Resolution 47, adopted on 21 April 1948, ...
,
Simla Agreement The Simla Agreement, also spelled Shimla Agreement, was a peace treaty A peace treaty is an agreement Agreement may refer to: Agreements between people and organizations * Gentlemen's agreement, not enforceable by law * Trade agreemen ...
and
United Nations Commission for India and Pakistan The United Nations Security Council Resolution 47, adopted on 21 April 1948, concerns the resolution of the Kashmir conflict. After hearing arguments from both India and Pakistan, the Council increased the size of the UN Commission created by t ...
resolutions, form the legal connection between Pakistan and AJK., apart from the practical connection over the decades.


History

An ordinance in 1950 "Rules of Business of Azad Kashmir Government 1950" vested powers in a "Supreme" head of state. 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. In 1958 this was changed to "Chief Advisor". In 1960, inspired by the "basic democracy" system of Pakistan, an act was passed Kashmir Basic Democracies Act, 1960. This was amended in 1964, 1967, 1968. Until 1970, the administration of Azad Kashmir (AJK) was guided by a number of provisional orders. The governing power lay with bureaucrats in the Ministry of Kashmir Affairs, a ministry of the government of Pakistan. In 1973 Pakistan got a new constitution. Subsequently, similar demands were made for AJK. The draft was introduced in the Legislative Assembly of AJK on 24 August 1974. It was passed without any deliberations in the assembly.


Preamble

The preamble mentions that the 1974 constitution is successive legislation, and references the
Kashmir dispute The Kashmir conflict is a territorial conflict over the Kashmir region Kashmir, ks, کٔشیٖر, kaśīr is the northernmost geographical region of the Indian subcontinent. Until the mid-19th century, the term "Kashmir" denoted o ...

Kashmir dispute
, UN mediation of the conflict, expression of
self-determination The right of a people A people is any plurality of person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic Logic is an ...
through a
plebiscite A referendum (plural: referendums or less commonly referenda) is a direct Direct may refer to: Mathematics * Directed set In mathematics Mathematics (from Ancient Greek, Greek: ) includes the study of such topics as quantity (number th ...
,
Islam Islam (; ar, اَلْإِسْلَامُ, al-’Islām, "submission o God Oh God may refer to: * An exclamation; similar to "oh no", "oh yes", "oh my", "aw goodness", "ah gosh", "ah gawd"; see interjection An interjection is a word or ex ...
and the
Quran The Quran (, ; ar, القرآن , "the recitation"), also romanized Qur'an or Koran, is the central religious text Religious texts, also known as scripture, scriptures, holy writ, or holy books, are the texts which various religious t ...

Quran
. The 13th Amendment of the Constitution introduces two new paragraphs into the constitution. 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.


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. * Government of Azad Kashmir *
President of Azad Kashmir The Pakistan-administered state of Azad Kashmir was officially established on 24 October 1947. The president is the constitutional head while the Prime Minister of Azad Kashmir, prime minister is the chief executive of the state. The president is ...
*
Prime Minister of Azad Kashmir Prime Minister of Azad Kashmir is the Chief Executive, chief executive of Azad Kashmir, The title of Prime Minister symbolizes the nominal independence of Azad Kashmir. The prime minister heads the Council of Ministers, who are members of the Aza ...
*
Azad Jammu and Kashmir Legislative Assembly The Legislative Assembly of Azad Jammu and Kashmir, also known as AJK Legislative Assembly, is a unicameral legislature of elected representatives of the Pakistan administered state of Azad Kashmir. The assembly consists of 41 elected Members and ...
*
High Court of Azad Jammu and Kashmir The High Court of Azad Jammu and Kashmir is an appellate court in Muzaffarabad, Azad Jammu and Kashmir. It hears appeals from the District Courts of Azad Kashmir. The court has three circuit benches based in Kotli, Mirpur, Azad Kashmir, Mirpur, a ...
*
Supreme Court of Azad Jammu and Kashmir 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.Chief Election Commissioner of Azad Kashmir * Auditor General of Azad Kashmir * Council of Islamic Ideology of Azad Kashmir As per the constitution, AJK has its own Flag of Azad Kashmir, flag and Watan Hamara Azad Kashmir, national anthem. For the purpose of this constitution, it does not pertain to the northern areas of the former state of Jammu and Kashmir. The act provided for two executive branches, the AJK Government, and the AJK Council. The Council was based in Islamabad and was chaired by the Prime Minister of Pakistan. 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. As per the 13th amendment in 2018, the council stands largely abolished, with only advisory powers remaining.


Amendments


References and notes

;Notes ;Citations ;Bibliography * * * * * * * *


Further reading

* * {{Azad Kashmir topics Government of Azad Kashmir