18th Amendment and the Constitutional Structure of Azad Kashmir

Abstract

The state of Azad Jammu and Kashmir (AJK) is not a sovereign state, nor is it a province of Pakistan. According to UNCIP resolution, the status of Azad Jammu and Kashmir is of a local authority and the administration of this area is entrusted to Pakistan until the region exercises right of self-determination under the UN resolutions. The Government of Pakistan has governed Azad Jammu and Kashmir through different enactments promulgated from time to time: Acts of 1960, 1964, 1968 and 1970. The latest enactment, that is in force, is the Azad Jammu and Kashmir Interim Constitution Act of 1974, which was passed by the Legislative Assembly of Azad Jammu and Kashmir and approved by the Government of Pakistan. The Government of Pakistan is vested with all executive and legislative authority in matters of defense, foreign affairs (including foreign trade and foreign aid), currency, and the implementation of UNCIP resolutions. The Azad Jammu and Kashmir Council, however, has exclusive legislative and executive authority over matters included in the ‘Council Legislative List’ which comprises the subjects that, under the Constitution of Pakistan, belong to the federation. The AJK Legislative Assembly has exclusive power to make laws on matters not listed in the Council Legislative List. The Azad Kashmir Assembly, which is an elected forum, is only responsible for dealing with day-to-day affairs in the given legal setup. In fact, the aim of establishing the Kashmir Council was to build a bridge between AJK and the federation of Pakistan to overcome legal ambiguity and ensure smooth functioning of governance-related matters in the territory of Azad Kashmir. However, since its inception, it has failed to fulfil the purpose it was made for. Rather, it has become a source of contention between the parties. All powers and responsibilities that should lie with an elected government for economic prosperity, transparency, and other inevitable challenges regarding governance are given to the AJK Council, which is by default headed by the prime minister of Pakistan, who is neither elected by the people of Azad Kashmir nor accountable to the any institution or judiciary of AJK. This paper explores the constitutional structure of Azad Kashmir and the impact of 18th Amendment on Azad Kashmir, especially with reference to financial autonomy.