| Azad Jammu and Kashmir Interim Constitution, 1974 | |
|---|---|
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| Overview | |
| Jurisdiction | Azad Jammu and Kashmir |
| Created | 1974 |
| System | Parliamentary democracy with an elected legislature,[1] republic |
| History | |
| Amendments | 14 |
| Citation | Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) (PDF), 31 August 1974, archived from the original (PDF) on 31 July 2021[2] |
The Interim Constitution of Azad Jammu and Kashmir (Act VIII of 1974) provides for an apparently transitory autonomous parliamentary 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",[3] however it does not pertain to areas such as Gilgit, Hunza and Baltistan.[4] 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.[5] The constitution has been amended 14 times.[6] It is based on the 1973 Constitution of Pakistan.[7]
The parliamentary system introduced a Prime Minister of Azad Kashmir 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.[8] 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".[9]
The Interim Constitution, along with the Karachi Agreement, Simla Agreement and United Nations Commission for India and Pakistan resolutions, form the legal connection between Pakistan and AJK.,[10][11][a] apart from the practical connection over the decades.[11]
- ^ Robinson, Cabeiri deBergh (2013). Body of Victim, Body of Warrior: Refugee Families and the Making of Kashmiri Jihadists. University of California Press. p. 45. ISBN 978-0-520-95454-0.
- ^ Ali & Rehman 2013, p. 120.
- ^ Hayat 2014, p. 44.
- ^ Gilani 2019, p. 204.
- ^ "The 14th Amendment Bill to the 1974 Interim Constitution of so-called 'Azad' Jammu & Kashmir reeks of subjugation and occupation". www.efsas.org. European Foundation for South Asian Studies (EFSAS). Retrieved 12 November 2021.
- ^ "AJ&K Interim Constitution, 1974 (Amendments)". Supreme Court Of Azad Jammu & Kashmir. Retrieved 12 November 2021.
- ^ Saraf 2015, p. 626.
- ^ Gilani 2019, p. 181.
- ^ Gilani 2019, p. 194, 217.
- ^ Hayat 2014, p. 89.
- ^ a b c Gilani 2019, p. 207-208.
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