Naveed Ahmad Khan
Islamabad: The Supreme Court of Azad Jammu and Kashmir has upheld the constitutional protection of 12 refugee seats and ruled that any changes must follow a formal amendment process. The court reinforced that constitutional matters require legal and parliamentary procedures rather than political pressure or public protests.
The opinion was issued in response to Presidential Reference No. 1 of 2026, filed under Article 46-A on government advice. It clarified that refugee seats are protected under Article 22 and cannot be altered through administrative decisions or informal arrangements.
Furthermore, the court traced the legal foundation of these seats to earlier laws from 1960, 1964 and 1970, along with interim constitutional frameworks and the 1974 Constitution and 1975 Act. It stressed that any modification must follow Article 33 through a proper constitutional amendment process.
The court emphasized that constitutional change requires public mandate, legislative debate and approval within the elected assembly. In addition, it stated that protests or pressure campaigns cannot replace established democratic procedures or override constitutional provisions.
Meanwhile, the court reaffirmed that elections must be held within the constitutional timeframe and cannot be delayed due to political disputes or demonstrations. It also clarified that while peaceful protest remains a constitutional right, actions such as road blockades and disruption of public order fall outside legal protection.
Legal analysts said the opinion strengthens constitutional supremacy and confirms that disputes must be resolved through legislative institutions rather than pressure tactics. They added that the ruling reinforces rule of law, political stability and proper functioning of democratic processes in Azad Jammu and Kashmir.
