AJK ASSEMBLY AND GOVT ARE WORKING UNDER THE INTERIM CONSTITUTION ACT 1974.WHAT IS INTERIM CONSTITUTION ?
AN INTERIM CONSTITUTION IS A CONSTITUTION WHICH HAS NOT BEEN COMPLETELY RATIFIED BUT SERVES AS THE LAW UNTIL A FINAL CONSTITUTION CAN BE DRAFTED .THESE MAY ALSO CALLED PROVISIONAL CONTITUTION WHILE INTERM GOVT IS FREQUENTLY ORGANIZED FOLLOWING A REVOLUTION SUCH A GOVT BE CALLED PROVISIONAL GOVT TWO EXAMPLES
AJK GOVT
NALC NORTHERN AREAS LEGISLATIVE COUNCIL
BOTH ARE PROVISIONAL GOVT WHILE REAL POWER IS EXSIST IN ISLAMABAD
ABOUT AJK COUNCIL
THE POWER OF AJK COUNCIL
Azad Jammu and Kashmir Council is a constitutional body established under section 21 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The Council has clearly defined executive, legislative and judicial sphere enumerated in the third schedule of the Act. The Council is the highest linking forum between Pakistan and Azad Jammu and Kashmir with following composition
( Section 21 of the AJ&K Interim Constitution Act, 1974 )
A PRIME MINISTER OF PAKISTAN CHAIRMAN
B. PRESIDENT AJ&K VICE-CHAIRMAN
C. FIVE FEDERAL MINISTERS
1. MINISTER FOR KA&NA
2. MINISTER FOR INTERIOR.
3. MINISTER FOR FOREIGN AFFAIRS.
4. MINISTER FOR EDUCATION.
5. MINISTER FOR INFORMATION AND
MEDIA DEVELOPMENT.
D. PRIME MINISTER OF AZAD JAMMU AND KASHMIR OR A PERSON NOMINATED BY HIM.
E. SIX MEMBERS ELECTED BY THE AJ&K LEGISLATIVE ASSEMBLY.
EXECUTIVE POWERS
Under Section 21(7) of the AJ&K Interim Constitution Act, 1974, Executive authority is exercised in the name of council by the chairman who may act either directly of through the Secretariat of the Council of which a Federal Minister nominated by the chairman from amongst the members of the Council and not more than three advisors appointed by the Chairman shall be incharge.
LEGISLATIVE AUTHORITY
UNDER SECTION 31 (1) OF THE AJ&K INTERIM CONSTITUTION ACT, 1974 BOTH THE COUNCIL AND ASSEMBLY SHALL HAVE THE POWERS TO MAKE LAWS:-
1) For the territories of the Azad Jammu and Kashmir .
2) In accordance with section 31(2) (a) the Council shall have exclusive power to make laws with respect to any matter in the Council Legislative list set out in the Third Schedule.
3) In accordance with section 31(2) (b) the Assembly shall, and the Council shall not, have power to make laws with respect to any matter not enumerated in the Council Legislative List.
4) Under Section 31(3) neither the Council nor the Assembly has powers to make laws on :
(i) Matters relating to UNCIP resolutions
(ii) Defence and Security.
(iii) Currency.
(iv) External affairs including foreign trade and foreign aid.
One of the major and main function of the AJ&K Council Secretariat is the collection of income tax from the territory of Azad Kashmir . The AJ&K Council Board of Revenue in the AJ&K Council Secretariat and its attached department, the Commissioner ate of Income Tax with its offices in all the seven districts of Azad Kashmir undertake the collection of income tax. 80% of the collection of income tax is released to the Government of Azad Kashmir straight-away while the balance of 20% goes to the Council’s consolidated Funds
THE AZAD JAMMU AND KASHMIR INTERIM CONSTITUTION ACT, 1974
THIRD SCHEDULE
(See section 31 (2)
COUNCIL LEGISLATIVE LIST
1. Subject to the responsibilities of the Government of Pakistan under the UNCIP Resolutions, nationality, citizenship and naturalisation, migration from or into Azad Jammu and Kashmir, admission into, and emigration and expulsion from , Azad Jammu and Kashmir, including in relation thereto the regulation of the movement in Azad Jammu and Kashmir and of persons not domiciled in Azad Jammu and Kashmir.
2. Post and Telegraphs, including Telephones, Wireless Broad-casting and other like forms of Communications; Post Office Saving Bank.
3 Public debt of the Council; including the borrowing of money on the security of the Council Consolidated Fund.
4. Council Public Services and Council Public Service Commission.
5 Council pensions, that is to say, pensions payable by the Council or out of the Council Consolidated Fund.
6. Administrative Courts for Council Subjects.
7. Council agencies and institutions for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.
8. Nuclear energy, including:-
(a) mineral resources necessary for the generation of nuclear energy;
(b) the production of nuclear fuels and generation and use of nuclear energy; and
(c ) ionising radiation.
9. Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodrome.
10. Beacons and other provisions for safety of aircraft.
11. Carriage of Passengers and goods by air.
12. Copyright, inventions, designs, trade marks and merchandise marks.
13. Banking, that is to say, the co-ordination with the Government of Pakistan of the conduct of banking business.
14. The law of insurance and the regulation of the conduct of insurance business.
15. Stock-exchange and future markets with objects and business not confined to Azad Jammu and Kashmir.
16. Corporation, that is to say, the incorporations, regulation and winding up of trading corporations including banking insurance and financial corporations, but not including corporations owned or controlled by the Azad Jammu and Kashmir, and carrying on business only within Azad ammu and Kashmir or, co-operative societies, and of co- operations whether trading or not, with objects not confined to Azad Jammu and Kashmir, but not including universities.
17. Planning for economic coordination, including planning and coordination of scientific and technological research.
18. Highways, continuing beyond the territory of Azad Jammu and Kashmir, excluding roads declared by the Government of Pakistan to be strategic importance.
19. Council Surveys including geological surveys and Council meteorological organizations.
20. Works, lands and buildings vested in, or in the possession of, the Council for the purposes of theCouncil (not being Military, Naval or Air Force works but, as regards property situate in Azad Jammu and Kashmir, subject always to law made by the Legislative Assembly, save in so far as law made by the Council otherwise provides.
21. Census.
22. Establishment of standards of weights and measures.
Extension of the powers and jurisdiction of members of a police force belonging to Azad Jammu and Kashmir or any province of Pakistan to any area in such province or Azad Jammu and Kashmir, but not so as to enable the police of Azad Jammu and Kashmir or such province to exercise powers and jurisdiction in such province of Azad Jammu and Kashmir without the consent of the Government of that province or Azad Jammu and Kashmir; extension of the powers jurisdiction of members of a Police force belonging to the Azad Jammu and Kashmir or a province of Pakistan to railway areas out side Azad Jammu and Kashmir or that province.
23. Election to the Council
24. The salaries, allowances and privileges of the members of the Council and Advisors.
25. Railways.
26. Mineral Oil and natural gas; liquids and substances declared by law made by the Council to be dangerously inflamable.
27. Development of industries, where development under Council control is declared by law made by the Council to be expedient in the public interest.
28. Removal of prisoners and accused persons from Azad Jammu and Kashmir to Pakistan or from Pakistan to Azad Jammu and Kashmir.
29. Measures to combat certain offences committed in connection with matters concerning the Council and the Government and the establishment of a police force for that purpose or the extension to Azad Jammu and Kashmir of the jurisdiction of a police force established in Pakistan for the investigation of offences committed in connection with matters concerning the Government of Pakistan.
30. Prevention of the extension from Azad Jammu and Kashmir to Pakistan or from Pakistan to Azad Jammu and Kashmir of infections or contagious diseases or pests affecting men, animals or plants.
31. Population planning and social welfare.
32. Boilers.
33. Electricity
34. Newspapers, books and printing presses.
35. State property.
36. Curriculum, syllabus, planning policy, centres of excellence and standards of education.
37. Sanctioning of cinematograph films for exhibition.
38. Tourism.
39. Duties of customs, including export duties.
40. Taxes on income other than agricultural income.
41. Taxes on corporations.
42. Taxes on the capital value of assets, not including taxes on capital gains on immovable property.
43. Taxes and duties on the production capacity of any plant, machinery, under taking, establishment or installation in lieu of taxes and duties specified in entries 42 and 43 or in lieu of either or both of them.
44. Terminal taxes on goods or passengers carried by railway or air, taxes on their fares and freights.
45. Fees in respect of any of the matter enumerated in this list but not including fees taken in any court.
46. Jurisdiction and powers of all courts with respect to any of the matters enumerated in this list.
47. Offences against laws with respect to any of the matters enumerated in this list.
48. Inquiries and statistics for the purposes of any of the matters enumerated in this list.
49. Matters which under the Act are within the Legislative competence of the Council or relate to the Council.
50. Matters incidental or ancillary to any of the matters enumerated in this list.
Instability In AJK
Due to federal Govt interfering in the politics of azad Kashmir interfence will never be irrelevant in AJK because of article 21 of its constitution which vests all authority in the prime ministry of Pakistan then the pm AJK serves at the pleasure of the Kashmir affairs Ministry.
Kashmir Affairs Ministry
Ministry of Kashmir affairs was established in march 1949 initialy to deal with matters relating to Kashmir dispute.According to the rules of business 1973 the functions of ministry of Kashmir affairs was
1)Adminitration of Jammu & Kashmir state property in Pakistan.
2)Relations with Azad Jammu & Kashmir council and AJK Govt.
3)Matters relating to the settlement of Kashmir dispute other than those falling within the purview of foreign affairs division.
After independence in 1947 the properties belonging to the state of Jumma & Kashmir or Maharaja of Jumma & Kashmir or Maharaja of Poonch Located out side its territorial jurisdication of J&K were taken over by the AJ&K Govt.Also the Punjab govt started treating the property as evacuee property and placed Them under the charge of provinical rehabilitation dept legal and administrative difficulties arose in the management and maintence of the property as such in Jun 1955 the AJ&K Govt requested to the Govt of Pakistan to take over the management of the property forthwithThe Pak Govt streamlind the administration of the property by promulgating an ordinance namely J&K administration of the property ordinance 1961.By virtue of this ordinance the entire immovable property situated in the territory of Pakistan that belonged to state of J&K.
According to year book of Kashmir affairs ministry 2005-2006 in chapter three stated that AJ&K is an entity which came into existence as a disputed
territory after the independence of pak in 1947 The ajk was liberated from Maharaja of Kashmir by the people in 1947.
AJK ASSEMBLY
The state of Jammu and Kashmir having an area of 84,471 square miles lies in the North East of Pakistan and North West of India. Russia, China and Afghanistan also border it towards the North. Area wise, the State of Jammu and Kashmir was the largest state in the sub-continent of Indo-Pak among the 562 princely states of the Sub-continent at the time of its division , and still claims the same status. Its area is almost equal to the total area of Belgium, Denmark, Holland, Austria and Albania, all put together, although it is slightly smaller than Great Britain.
The Muslims of Kashmir started a liberation war against India in 1947. As a result of this war in 1947, the Government of Azad Jammu and Kashmir was established on 24 th October, 1947, in the liberated area which is about 5,000 square miles out of total area of 84,471 square miles. An area of 28,000 square miles was also liberated by Gilgit Scouts and now it forms Northern Areas (Gilgit-Baltistan) which is being administered by the Federal Government of Pakistan.
The Government established on 24 th October 1947, was working like a war council. The Rules of Business were framed in order to run the administration of Azad Jammu and Kashmir under which the executive as well as the legislative authority vested in the President. The courts and Laws code was enacted in 1948 for running the judicial administration and some laws of former Jammu and Kashmir State were allowed to continue in operation. Thereafter, in 1952, the Rules of Business were revised. The system of administration as well as the legislation was provided in these Rules of Business. Another revision of the Rules of business took place in 1957. In the system, which prevailed from 1947 to 1960, the person holding the confidence of the Working Committee of Muslim conference was nominated as the president of Azad Jammu and Kashmir. For sometimes in the earlier years, the office of Supreme Head also existed who approved the legislation for Azad Jammu and Kashmir, but this office was abolished in 1952 and, thereafter, only the President was the Executive Head, who was assisted by some Ministers.
In 1960, the Presidential Election System through the “votes of basic democrats” was introduced in Azad Jammu and Kashmir with another body known as ‘ Azad Jammu and Kashmir State Council’ which was also elected by the basic democrats. This Council consisted of 12 members elected by the people of Azad Jammu and Kashmir, whereas 12 members were elected by the refugees of Jammu and Kashmir State settled in Pakistan. In 1964, this system was also replaced and Azad Jammu and Kashmir Government Act, 1964, was enacted, whereby the provision for the State Council was amended to the extent that 8 State Councilors were to be elected by the basic democrats of Azad Jammu and Kashmir. In 1965, the provision was made for appointment of two members to be nominated by the President from amongst the refugees settled in Pakistan. The Chairman of the Council was to be nominated by the Chief Advisor under the Act , 1964 from amongst the Members. The Chairman had to act as the President for Azad Jammu and Kashmir ex-officio. In 1968, the Azad Jammu and Kashmir Government Act, 1968, came in to force and 8 members were elected, while 4 members were to be nominated by the Chief Advisor from amongst the refugees settled in Pakistan. The Chairman of the Council was elected by the Councilors, who was also ex-officio President. In 1969, a caretaker government was inducted into office.
The major constitutional changes came in 1970 when the system of adult franchise was adopted and a democratic setup was introduced in Azad Jammu and Kashmir through Azad Jammu and Kashmir Act, 1970. For the first time, the Legislative Assembly as well as President of Azad Jammu and Kashmir were also elected on the basis of adult franchise by the people of Azad Jammu and Kashmir, and the refugees of Jammu and Kashmir settled in Pakistan. The Assembly consisted of 24 elected members and one co-opted lady member. The presidential system of government worked for about 4 years when, in 1974, the parliamentary system was introduced in AJ&K under the AJ&K interim Constitution Act, 1974, which has undergone about 11 amendments so far. Earlier in 1974, the Assembly consisted of 40 members, elected on the basis of adult franchise and two co-opted lady members, whereas the Assembly now consists of 41 elected Members and 8 co-opted members of which 5 are ladies, one member from Ullema-e-Din or Mushaikh, while one is from amongst Jammu & Kashmir technocrats and other professionals, whereas one is from amongst Jammu and Kashmir nationals (state subjects) residing abroad. Since 1975, the Prime Minister has been elected by the members of legislative Assembly. He is the Chief Executive of the State, whereas the President is the constitutional head under the Interim Constitution Act 1974. Besides Executive and the Legislature, we now have an independent Judiciary as well. The Supreme Court, High Court and sub- ordinate courts are present, in addition to many other Courts, established under various laws. The pattern of the State of Azad Jammu and Kashmir is almost the same which is prevailing in Pakistan with the exception that in Azad Jammu and Kashmir there exists a Council with Prime Minister of Pakistan as the Chairman, 6 elected members, 3 ex-officio Members including President AJK (Vice- Chairman of the Council), Prime Minister of AJK or his nominee, Federal Minister for Kashmir Affairs, and 5 Members to be nominated by the Prime Minister of Pakistan from amongst the Federal Ministers and Members of the Parliament. The Council has been assigned a specified field of activities and it has also further assigned some of the functions to the Central Government in Pakistan. Such as, the Defence, Security, Foreign Affairs and Foreign Trade, Currency and Coins which are the responsibilities of the Government of Pakistan.
ASSEMBLY HISTORY
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Ministry of Kashmir affairs was established in march 1949 initialy to deal with matters relating to Kashmir dispute.According to the rules of business 1973 the functions of ministry of Kashmir affairs was
1)Adminitration of Jammu & Kashmir state property in Pakistan.
2)Relations with Azad Jammu & Kashmir council and AJK Govt.
3)Matters relating to the settlement of Kashmir dispute other than those falling within the purview of foreign affairs division.
After independence in 1947 the properties belonging to the state of Jumma & Kashmir or Maharaja of Jumma & Kashmir or Maharaja of Poonch Located out side its territorial jurisdication of J&K were taken over by the AJ&K Govt.Also the Punjab govt started treating the property as evacuee property and placed Them under the charge of provinical rehabilitation dept legal and administrative difficulties arose in the management and maintence of the property as such in Jun 1955 the AJ&K Govt requested to the Govt of Pakistan to take over the management of the property forthwithThe Pak Govt streamlind the administration of the property by promulgating an ordinance namely J&K administration of the property ordinance 1961.By virtue of this ordinance the entire immovable property situated in the territory of Pakistan that belonged to state of J&K.
According to year book of Kashmir affairs ministry 2005-2006 in chapter three stated that AJ&K is an entity which came into existence as a disputed
territory after the independence of pak in 1947 The ajk was liberated from Maharaja of Kashmir by the people in 1947.
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Azad Jammu and Kashmir has Parliamentary Democratic System under which the Prime Minister of AJ&K is executive head and President of AJ&K is constitutional head of the state. The democratic setup was introduced in 1970 under the presidential system on the basis of adult franchise when Sardar Mohammad Abdul Qayyum Khan took over the charge of first elected President of AJ&K as the head of the Government and head of the State as well. For the first time the people of AJ&K and the refugees of Jammu and Kashmir settled in Pakistan elected the Legislative Assembly as well as President for Azad Jammu and Kashmir on the basis of adult franchise. The Assembly consisted of 24 members and one co-opted lady member. The Presidential system worked for four years. Later on in 1974, some major constitutional changes were made when the interim constitution – Act, 1974, was adopted and Parliamentary system of democracy was introduced in the State. The first elected Assembly completed its tenure and approved 56 bills, which were of religious as well as of public importance. This Assembly also passed many resolutions of public importance.The second Assembly came into existence in 1975 under the Interim Constitution Act, 1974, which has undergone 11 amendments so for. For the first time in the history of AJ&K Parliamentary system was introduced and Prime Minister, as the executive head of the State, was elected by the majority of the votes of the Assembly. Mr. Khan Abdul Hameed Khan was elected as First Prime Minister of Azad Jammu and Kashmir and Sardar Muhammad Ibrahim Khan was elected as President of Azad Jammu and Kashmir. The Assembly consisted of forty two members, among them 40 members were elected by the people of AJ&K and refugees settled in Pakistan, and two co-opted ladies members. This Assembly worked for two years and was suspended w.e.f August, 1977, due to the enforcement of Martial Law in Pakistan. This Assembly, in very short span of two years, worked diligently and showed tremendous results by approving 51 bills and passed the resolutions on Kashmir issue and on many other matters concerning public. On the dissolution of the Assembly Brigadier Muhammad Hayat Khan was appointed as Chief executive on 31-10-1978. He remained in office up to 31-1-1983 with the exclusive power of Chief executive and president of Azad Jammu and Kashmir. Later on Maj. General ® Abdul Rehman was appointed as President/ Chief executive on 1-2-1983. He remained in the office up to 30-9-1985.The democratic system remained suspended up to 1985, when the Martial Law was lifted and civil setup was established in Pakistan. The election of Legislative Assembly were held and Sardar Sikander Hayat Khan took over the charge as Prime Minister and Sardar Abdul Qayyum Khan as the President of the State. This Assembly was elected for five years and worked till 1990. This Assembly approved 109 bills and passed resolutions on various subjects. The constitution was amended and six more seats of the Assembly were approved. It contained 48 members out of which 40 members were elected and 8 seats were reserved for the members elected by the Assembly. Five seats were reserved for ladies, one for technocrats, one for Overseas Kashmiris and one for Ullmah and Mashaikh.The elections for fourth Assembly were held in 1990. Raja Mumtaz Hussain Rathore was elected as Prime Minister while Sardar Mohammad Abdul Qayyum Khan elected as President of AJ&K. This Assembly could worked for only one year up to 1991, because the Prime Minister Raja Mumtaz Hussain Rathore had dissolved the Assembly. No legislation was made by this Assembly but passed many resolutions on various subjects including Kashmir issue.The fifth Assembly came into existence in 1991. Sardar Mohammad Abdul Qayyum Khan was elected as Prime Minister of Azad Jammu and Kashmir and Sardar Sikandar Hayat Khan was elected as President. This Assembly worked for five years up to 1996. This Assembly worked tremendously and approved 145 bills and passed the resolutions on Kashmir and other matters of public importance. Many delegations of different countries, especially America, Britain and other European countries, visited Azad Kashmir.The sixth Assembly came into existence in 1996. Barrister Sultan Mehmood Ch. was elected as Prime Minister and Sardar Muhammad Ibrahim Khan was elected as President. This Assembly approved 44 bills and passed many resolutions about Kashmir issue and other Public concerning matters.The seventh Assembly came into existence on 5 th July 2001, and elected Sardar Sikander Hayat Khan as Prime Minister and Maj. General®Sardar Mohammad Anwar Khan elected by joint sitting as President. This Assembly approved 78 bills and has the honor of having been addressed (joint sessions of Assembly and Council) by the President and the Prime Minister of Pakistan on various occasions. The constitution was amended once again and through 11 th constitutional amendment one more seat was approved for the Azad Jammu and Kashmir, hence the total strength of seats for Azad Jammu and Kashmir become 49.The General election for Eighth Assembly were held on 11 th July, 2006. This Assembly comprises of 49 members and the distribution of seats is as under:1. Azad Kashmir 292. Refugees settled in Pakistan 123. Ladies 054. Ulama and Mushaikh 015. Overseas Kashmiris 016. Technocrat 01Total 49This Assembly has elected Sardar Atique Ahmed Khan as Prime Minister, while the joint sitting elected Raja Zulqarnain Khan as President Azad Jammu and Kashmir. The Legislative Assembly elected its Speaker, Shah Ghulam Qadir, on 24 th July, 2006.
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K ZAMAN MEDIA 