AJK SC declares refugee seats constitutionally protected in opinion on Presidential Reference

MUZAFFARABAD: The Supreme Court of Azad Jammu and Kashmir (AJK) has issued its opinion on the Presidential Reference concerning refugee seats in the Legislative Assembly, declaring that the existing constitutional status of the seats cannot be altered through administrative measures.

According to the court’s opinion, the 12 refugee seats in the Azad Jammu and Kashmir Legislative Assembly enjoy constitutional protection under Article 22 of the Constitution. The court stated that any change to the number, status or allocation of these seats can only be made through a formal constitutional amendment in accordance with Article 33.

The opinion emphasised that constitutional changes must follow the procedure laid down in the Constitution and cannot be implemented through executive decisions or extra-constitutional means.

The Supreme Court further observed that all remaining constitutional matters should be decided through the elected Legislative Assembly and the democratic process. It stated that constitutional reforms require public mandate, parliamentary debate and adherence to the prescribed legal framework.

Addressing the electoral process, the court noted that under Article 22(4), elections must be held within the constitutional timeframe and that political disputes or protests cannot obstruct this requirement.

The opinion also highlighted the state’s constitutional responsibility to ensure timely elections, maintain public order, and protect democratic institutions.

While reaffirming citizens’ right to peaceful protest, the court stated that activities such as blocking roads, intimidation, or disrupting normal public life do not fall within the scope of constitutionally protected protest.

The Supreme Court concluded that any amendment to the Constitution can only be achieved through the legislative process and the will of elected representatives, reinforcing the principles of constitutional supremacy and the rule of law.