MUZAFFARABAD: The Supreme Court of Azad Jammu and Kashmir (AJK), while giving its opinion on a presidential reference, has upheld the government’s stance regarding the issue of migrant seats.
According to details, the President of AJK had filed a reference on the advice of the government under Article 46-A of the Constitution, seeking the court’s opinion on the matter of migrant seats.
In its opinion, the Supreme Court stated that the 12 migrant seats are constitutionally protected under Article 22 and cannot be altered through administrative decisions. The court noted that the historical basis of these seats is linked to laws of 1960, 1964, and 1970, and that they are also connected to interim constitutional arrangements, the 1974 Constitution, and the 1975 Act. It further ruled that any change in migrant seats requires a constitutional amendment under Article 33.
The court observed that the decisive authority in AJK lies in constitutional supremacy rather than street protests, adding that remaining constitutional matters should be referred to the elected assembly.
It further stated that constitutional amendments are only possible through public mandate, parliamentary debate, and due constitutional procedure, while timely elections are mandatory under Article 22(4) and cannot be obstructed by protests or political disputes.
The court also clarified that while peaceful protest is a constitutional right, it must not disrupt normal life, and the exercise of individual rights cannot infringe upon the rights of others. It added that the administration is bound to maintain public order, constitutional discipline, and the rule of law.
Legal experts said the court’s opinion has strengthened the legal basis for action against those interfering in the electoral process, adding that the judgment makes it clear that constitutional change must come through the assembly and vote, not pressure or confrontation.
They further noted that the government’s position on remaining demands has been validated, reinforcing constitutional supremacy, rule of law, and state stability.
