Muzaffarabad: The Supreme Court has issued an opinion stating that the 12 refugee seats in the Azad Jammu and Kashmir (AJK) Legislative Assembly are protected under the Constitution and cannot be altered through administrative action.
The court’s opinion supports the government’s position on the refugee seats issue and emphasizes that any change to their status must follow the constitutional process. The ruling also reinforces the principle that constitutional matters should be resolved through elected institutions rather than political pressure or street protests.
According to the court, the refugee seats are protected under Article 22 of the Constitution. It said that any modification to the existing arrangement would require a constitutional amendment under Article 33, making legislative approval essential for any future changes.
The court also endorsed the government’s position that unresolved constitutional questions should be referred to the elected assembly for consideration. It noted that constitutional reforms must be pursued through parliamentary debate, public representation, and the procedures set out in law.
Elections and constitutional obligations
Referring to Article 22(4), the Supreme Court said elections must be held within the constitutional timeframe and cannot be delayed due to political disagreements or public protests.
The court further stated that the responsibility for conducting elections and maintaining public order rests with the state. It emphasized that constitutional governance requires both the protection of democratic processes and adherence to legal procedures.
Right to protest and public order
While recognizing peaceful protest as a constitutional right, the court clarified that actions such as road blockades, coercion, or disruptions to daily life do not receive the same constitutional protection.
The opinion rejected the argument that constitutional demands can be achieved through pressure tactics outside the legislative process. Instead, the court said constitutional change must come through elected representatives, legislative debate, and the amendment procedures outlined in the Constitution.
Legal observers say the opinion provides further clarity on the constitutional framework governing refugee seats and the role of the assembly in addressing constitutional issues. The ruling also reaffirms the importance of constitutional supremacy, the rule of law, and the authority of democratic institutions in resolving political and legal disputes.
Also Read: Comparing Autonomy: AJK Amendments 13 and 15 vs. Governance in IIOJK
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