Over the past several years Azad Jammu and Kashmir has witnessed a qualitative change in almost every sphere of life. Having the highest literacy rate as compared to other regions of Pakistan the people of AJK have developed relatively a better understanding of political, social and legal issues. The educated youth and particularly civil society including intelligentsia, journalists, businessmen and legal fraternity is seen very pro-active and forthcoming while discussing and debating the most pressing issue like revamping of interim constitution Act 1974 that gives inclusive authority to Kashmir Council on executive, legislative and judicial sphere enumerated in the third schedule of the Act. Keeping in view the sensitivities of the region, political representatives have, however, been very reserved and cautious in their approach while talking about the constitutional reforms in the region. But, nonetheless, the voices seeking amendment in the Act 74 are growing with each passing day as they believe that devolution of powers from Kashmir Council to the government of AJK is essentially important to tackle the economic challenges faced by the people of the liberated territory.
Pertinently, one of the “significant” aspects of the Interim Act is that all the executive powers have been dedicated/assigned to the Kashmir Council a constitutional body established under section 21 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. The Council has administrative authority over 50 subjects, whereas, chairman of the council, who happens to be the Prime Minister of Pakistan, has been endowed with the authority regarding the appointment and dismissing of top officials of the bureaucracy including Chief Election Commissioner, Auditor General and the judges of Supreme Court and high court. In AJK, there is a growing realization that the interim act undermines the authority of the elected government of the region besides rendering it an ineffective and impotent body with no executive powers.
During PPP led coalition government a draft for the necessary amendments in the interim Act was prepared and later on signed by representatives all political parties. After PML-N took the reins of government in the region, Sartaj Aziz led reform committee was assigned the task to finalize the draft before sending it to Prime Minister for approval after which a joint sitting of Kashmir Council and AJK legislative Assembly was to accord the passage to those amendments. But so far there has been no headway on the matter despite the fact that the government and the opposition parties are seen on the same page on the issue.
However, good news in this regard is that the Prime Minister Shahid Khaqan Abbasi has agreed in principle to abolish the Azad Jammu and Kashmir (AJK) Council. But as the maxim says, “there is many a slip between the cup and the lip”. on the other hand given the many sensitivities attached to it, it is quite difficult to predict as how the main stakeholder responds but the fact remains that an overwhelming majority in the region is against the stats-quo and they want change in the existing arrangement. Although, it is a harsh reality but getting engaged in a constructive manner, stakeholders can work together to explore ways and means to make the exiting arrangement between the two governments more transparent, acceptable and reliable.
There is need that the political actors as well as the civil society representatives should get engaged positively in constructive, meaningful and result-oriented discussions on the subject to get the issues resolved through democratic and peaceful means. Whatever concerns, apprehensions or reservations relating to the constitutional reforms could be sorted out by following the Article 257 of the constitution of Pakistan that gives ample authority to Kashmiris to determine the nature of relationship they want to establish with the state of Pakistan.
