The Supreme Court of Azad Jammu and Kashmir, Pakistan-administered Jammu and Kashmir, while giving its opinion on the presidential reference regarding the 12 special refugee seats, has declared that the said seats have full constitutional protection under Article 22 of the Constitution and no change in them is possible through an administrative decision.
Giving its opinion on the presidential reference filed by the President of Azad Kashmir under Article A-46 of the Constitution on the advice of the government, the Supreme Court made it clear that any change in the number, status or distribution of refugee seats would require a formal constitutional amendment under Article 33 of the Constitution.
The Supreme Court said in its opinion that the constitutional and political issues of Azad Kashmir should be decided not by street protests but under the supremacy of the Constitution and the law. The Supreme Court further ruled that the remaining constitutional matters should be entrusted to the elected Legislative Assembly and that any constitutional change should be subject to public mandate, parliamentary debate and constitutional procedure.
The Supreme Court also reminded the administration that it is the constitutional responsibility of state institutions to maintain public peace, constitutional order and the rule of law.
This opinion of the Supreme Court is being interpreted as a confirmation of the government’s position on the issue of migrant seats, while after this decision, any future change will have to be made through a constitutional amendment.
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