Altaf Hamid Rao,
MIRPUR (AJK): “The role of Azad Jammu Kashmir Council as legislative and executive organ has been transformed into an advisory body as a result of the 13th amendment”.
In his comprehensive paper depicting the significance of the much-demanded recently-made 13th amendment in the Act-1974, the interim constitution of AJK recently, this was said by the Vice Chancellor of the Public Sector Mirpur University of Science & Technology Prof. Dr. Habib ur Rehman, (SI) who added that “the spirit of the 18th Amendment in Constitution of Pakistan for devolution and empowerment of provinces has been followed in case of the amendment. Various subjects earlier dealt by the council have now been devolved to AJK Legislative Assembly and the Government.
He expressed these views in his detailed paper –cum- address of welcome on the eve of the grand day-long seminar on “Constitutional Reforms-2018” concluded here last evening at the city campus of the AJK’s only world-class public-sector university of Science & Technology based in expatriates’ city of Mirpur, under the auspices of the Department of Law of the Varsity.
AJK President Sardar Masood Khan, who is also Chancellor of the University, inaugurated the Seminar as Chief guest – that concluded with AJK Minister for sports, youth and Culture Ch. Muhammad Saeed in the Chair as chief guest.
Prof. Dr. Habib ur Rehman continued that the recently-made 13thamendment in Act-1974, the interim constitution of Azad Jammu Kashmir, has brought significant changes in the constitution frame work of Azad Jammu Kashmir:
He said “since the independence of the Azad Jammu and Kashmir many constitutional arrangements remain enforced till 1974. The AJK Interim Constitution was promulgated in 1974. Since then, the people of the Azad Jammu and Kashmir and Pakistan confronted with many challenges and severalmisfortunes; requirements and priorities of people changed significantly. Things which were thought important are no more important and those which were considered unimportant or less important become imperative. The constitution of Pakistan passed in 1972 witnessed several amendments through the period of time. The AJK Interim Constitution 1974 had not been amended till 2018.
Constitutional reforms have been subject of discussion for many years. Several seminars and workshops held to this effect. A seminar on “Kashmir at Present: Quest for Empowerment and Progress” held in the President House, Muzaffarabad on 10th February, 2018. The need for constitutional reforms was felt. The 13thamendment was passed on the1st June, 2018 and has been implemented to improve the governance system in the AJK”, he added.
The Vice Cencellor said that he is happy that his university has taken the much needed initiative on the constitutional development. I think this is the first ever academic discourse on the subject.
Subject of Income tax as well as other taxation powers have also been transferred. The federal share of taxes has already been enhanced from 2.27% to 3.60% from federal divisible pool. The amendment is likely to empower the AJK both financially and administrative.
Welcoming the participants of the seminar on ‘Constitutional Reforms 2018 in People’s Perspective, the VC particularly extended warm welcome to the Honorable President/ Chancellor MUST and thank his Excellency for gracing the inauguration ceremony of the seminar as Chief Guest. The idea of the seminar on the constitutional amendment was presented to the Honorable President/ Chancellor. He appreciated the idea and very kindly accepted our request for gracing the inauguration ceremony of the seminar as Chief Guest. Later, the idea was shared with Ambassador Arif Kamal, Prof. Dr. Muhammad Khan, Raja Muhammad Hanif Khan, Dr. Mukhtar Ahmed, Muhammad Shakeel, Ershad Mahmud and the Chairman, Department of Law. All appreciated the idea and were of the view that it is right time to organize the seminar on the constitutional reforms. The resource persons were invited to deliver lectures on the themes of the seminar.
Prof. Dr. Habib ur Rehman further said “there are multiple schools of thoughts some say that the constitutional reforms were not required at all; some are of the view that the reforms need further reforms and improvements. Others are of the opinion that the reforms weaken the state and its institutions further. Under the circumstances, the university considered organizing the seminar on the subject for making the people aware about the reforms package.
We understand that the constitutional amendment was not at all an easy adventure and proved a difficult enterprise. Considering the amendments as indispensable, the government showed firm will to get that done and it is done.The Azad Government deserves appreciation for bringing long awaited reforms in the interim constitution. Hope the reforms will prove blessing for the people of the AJK and bring relief to them as it is done with good faith and in-tension.
Change, he observed, is the only constant in this world. We understand that the constitution may be improved further and will be required to be improved with the passage of time. Best thing would be to suggest/ propose improvements rather than criticizing the reforms. I hope the government will further develop the institutions to implement the reforms agenda.
Referring to significance of holding of the seminar, Prof. Dr. Habib ur Rehman said “the purpose of seminar was to critically discuss the constitutional amendment. I hope the seminar would contribute in enhancing the understanding of the people about the constitutional reforms and also enable the policy makers to review the amendments, if necessary. The expert may contribute quality research articles on the constitutional development for public awareness. We may educate the people to consider the amendment as a step forward and appreciate it as achievement while suggesting further improvement in the larger public interest?We do hope that things will improve further. The Go AJK may invite suggestions from the stakeholders to improve the constitution reforms further.
Praising the participation of former Chairman of HEC, Dr. Mukhtar Ahmed in the seminar, the VC underlined that MUST is his grateful for continued supporting in the development of the university. Dr. Mukhtar, helped in the approval of the development projects and been guiding us throughout in the development of higher education sector in the AJK. Being die heart kashmiri, he extended extra help to the universities of the AJK. I take this opportunity to thank him for everything he did for this university and for the higher education sector in the AJK. When I requested him for participation in the seminar and speak on the subject, he agreed to. His lecture on overall impact of the constitutional reforms on the AJK showed that he is well aware of the constitutional developments in the AJK.
In view of the continuing discussions on the constitutional reforms 2018, the university decided to organize a seminar on the subject. I am happy that we took much needed initiative and have been able to organize the seminar. I am grateful to the resource persons for their contribution in making the seminar successful.
The Vice Chancellor expressed the hope that the seminar would contribute in enhancing the understanding of the people about the reforms and also enable the policy makers to review the amendments, if necessary.
He underlined that the university respect the point of views of all the schools of thought on the subject and like to acknowledge the contributions of all the people who made to the reforms. He pointed out that the prominent among the contributors included Justice Sheikh Basharat, Former Chief Justice AJK, Tariq Masud, former Additional Chief Secretary of the AJK and Former Vice Chancellor of the UAJK, Justice (R) Manzoor-ul-Hassan Gillani, Raja Muhammad Hanif Khan, sitting Additional Chief Secretary, Farhat Ali Mir and Prime Minister of the Azad Govt. of the State of Jammu and Kashmir Raja Muhammad Farooq Haider Khan, who made it to happen. “While we agree that reforms may be improved further, we should try to take the reforms as a step forward and contribute in implementing the reforms. As we understand, the constitutional amendment was a difficult enterprise as status co is always and not easy to alter. Change is always good and we hope that the amendment will prove blessing for the people of the AJK and transmit positive signal across the line of control and to our brethren in the IOK fighting against the Indian occupation. The Azad Government deserves appreciation for bringing long awaited reforms in the interim constitution. Hope the reforms will prove blessing for the people of the AJK and bring relief to them as it is done with good faith and intension’, the Vice Chancellor said.
