AJK Supreme Court Declares Constitutional Amendments Are Not Government Concessions
Constitutional amendment not a concession to be wrested, says AJK SC on presidential reference

Image: Dawn
The Azad Jammu and Kashmir Supreme Court ruled that constitutional amendments cannot be coerced from the government, responding to a presidential reference regarding 12 refugee seats in the assembly. This decision emphasizes the constitution's supremacy and the need for democratic processes in any amendments.
- 01The AJK Supreme Court stated that amendments to the constitution are not concessions to be forced from the government.
- 02The advisory opinion was issued in response to a reference from AJK President Chaudhry Latif Akbar regarding the abolition of 12 refugee seats.
- 03The court emphasized that constitutional amendments must follow prescribed processes involving full democratic mandate and consensus.
- 04The AJK government is legally bound to hold elections as stipulated by the constitution.
- 05The Joint Awami Action Committee's protests against the refugee seats were met with a government ban ahead of the scheduled elections.
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The Azad Jammu and Kashmir (AJK) Supreme Court has asserted that any amendments to the region's constitution are not concessions to be extracted from the government, following a presidential reference from acting AJK President Chaudhry Latif Akbar. This reference arose after the Joint Awami Action Committee (JAAC) called for the abolition of 12 legislative assembly seats reserved for refugees from Indian-occupied Jammu and Kashmir. In its advisory opinion, the court emphasized that constitutional amendments are solemn acts requiring a democratic mandate and cannot be made under duress. The Chief Justice, Raja Saeed Akram Khan, highlighted the constitution as the supreme law of AJK, which must be upheld by the government, legislature, and judiciary. The court also noted the government's obligation to conduct elections within the constitutional timeframe, reiterating that the constitution should not be selectively honored. Meanwhile, the JAAC's planned protests against the refugee seats were banned by the AJK government, citing security concerns ahead of the elections.
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The ruling reinforces the constitutional framework in AJK, impacting the legitimacy of future amendments and the electoral process.
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