AJK SCBA seeks Immediate Constitutional Action on new AJK CEC induction:

English , Kashmir - آزاد جموں کشمیر , Snippets , / Wednesday, April 9th, 2025

Download this post as PDF

Altaf Hamid Rao.
MIRPUR ( AJK): Nov. 8: The Azad Jammu & Kashmir Supreme Court Bar Association (AJK SCBA) has called upon the Government of AJK to immediately initiate the constitutional process for the appointment of the Chief Election Commissioner (CEC), fearing that any further delay might risks undermining the integrity of the democratic process ahead of the due 2026 General Elections in Azad Jammu.

In a strong statement issued here on Tuesday, the AJK SCBA President Mr. Javaid Najam-us-Saqib Advocate emphasized that nearly three months have passed since the retirement of the former CEC, and yet no meaningful consultation has begun between the Prime Minister of AJK and the Leader of the Opposition, as mandated by Article 50 of the AJK Interim Constitution.

“Under Article 50, it is a constitutional obligation that the Prime Minister and the Leader of the Opposition consult and agree upon a nominee, who is then formally recommended by the President of AJK to the Chairman of the Kashmir Council for final advice,” Mr. Saqib stated. “Any deviation from this process is not only a legal lapse but a blow to the democratic framework enshrined in our Constitution.”

The Bar Association also strongly objected to the recent move by the Government of Pakistan to constitute a federal-level committee to oversee or recommend the CEC appointment—calling it “an act without constitutional mandate.” The Association noted that such unilateral steps by the federation interfere with the internal autonomy of Azad Jammu & Kashmir and could set a dangerous precedent for future political interventions.

Mr. Saqib urged that the notification pertaining to this federal committee be immediately withdrawn. “There is no provision in the AJK Constitution that allows any such federal committee to interfere in the appointment of the CEC. The matter is purely a state subject and must be treated as such.”

The AJK SCBA further appealed to all constitutional stakeholders to recognize the urgency of the situation, stressing that the Election Commission must be fully constituted and functional well in time for the upcoming elections.

“The rule of law, institutional integrity, and respect for constitutional provisions must guide every action taken in this regard,” Mr. Saqib concluded. “Failure to do so may result in legal and political complications that will only damage public trust in democratic institutions,” he maintained.