In Pakistan-administered Jammu and Kashmir, the proposed draft for the Fourteenth Amendment to the Interim Constitution of 1974 has been prepared. It is being said that the proposed draft has been prepared under the chairmanship of Forogh Naseem, Law Minister of the Federal Government of Pakistan, which has been sent to the Government of Pakistan-administered Jammu and Kashmir for approval by the Assembly.
The proposed ten-page draft came out yesterday. In which, by making a total of fifteen major changes, amendments have been proposed not only to restore the legislative powers of the Kashmir Council, but also to increase the total number of seats to 65 by allocating 12 seats for Indian-administered Jammu and Kashmir (Jammu 5, Kashmir 5 and Ladakh 2). Is suggested. However, elections will not be held on the newly added 12 seats till the independence of Indian-administered Jammu and Kashmir. In addition, the procedure for appointment of judges has been changed once again. Changes have also been made in the provisions relating to association formation, union formation and formation of political parties. It also proposes a ban on anti-Pakistan ideological parties and a probe into the funding sources of each party.
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The following is a brief overview of the proposed amendments to the proposed draft of the Fourteenth Amendment:
This Act will be called the Azad Jammu and Kashmir Interim Constitution (Fourteenth Amendment) Act 2020 and will come into force at once.
Paragraph 7 of sub-article 04 of Article 04 of the Interim Constitution 1974 has been changed. According to which:
Freedom of association: –
1). Every citizen of the State shall have the right to form an association or union under any reasonable restriction imposed by law in the interest of the sovereignty and integrity of Pakistan or Azad Jammu and Kashmir (Pakistan-administered Kashmir) and ethics and public order. Give.
2). In the interest of the sovereignty and integrity of Pakistan and Azad Jammu and Kashmir, the State of Harassment has the right to form or become a member of any political party in compliance with any reasonable restrictions imposed by law. Who does not join the Service of Pakistan or Azad Jammu and Kashmir. * This law empowers the Government of Pakistan to identify any political party working against the integrity and sovereignty of Pakistan or Azad Jammu and Kashmir. The Government of Pakistan will send the matter to the Supreme Court within fifteen days of such announcement, the decision of which will be final.
3). In Azad Jammu and Kashmir (Pakistan-administered Kashmir), no individual or political party will be allowed to engage in any propaganda, fanatic or harmful activities against the state’s ideology of accession to Pakistan.
4). Each political party will account for its sources of funds in accordance with the law.
(B) The word state in paragraph 17 shall be substituted for Azad Jammu and Kashmir.
Substituting sub-article (1) of Article 19 of the Interim Constitution, the following clause has been added: –
1). Legislative powers vested in the Legislative Assembly, including in the Third Schedule (listed in the Legislative Council of the Kashmir Council), will have the power to extend the executive authority of the Government in the following matters, which will be exercised in the following ways:
(A) Not to interfere in the responsibilities of the Government of Pakistan in relation to the matters set out in Clause 4 under Article 31; And
(B) Compliance with the laws made in the Council Legislative List (in respect of matters stated) shall be ensured.
Sub-Article 8 of Article 21 of the Interim Constitution has been changed. Which was replaced by the following sub-article:
(8) The Council shall have legislative powers in respect of matters and subjects set forth in the Third Schedule.
Sub-articles 8 of Article 21 will be followed by sub-articles 9, 10, 11 and 12, which will be as follows:
9). The Executive Authority shall be exercised by the Government in accordance with Article 19, Sub-Article 01 of the Interim Constitution in respect of the subjects and matters described in the Third Schedule.
10) The Council may make rules for the conduct of its procedures and its business, and may have the power to act in spite of vacancies in its membership. No action of the Council shall be void on the ground that The person who was not able to do so took part in the operation, voted or otherwise participated in the operation.
11) The Chairman of the Council may regularize the business of the Council. He may assign any business to the officers or subordinates.
12) Wherever the words of the Prime Minister of Pakistan are found in this clause, the person who is currently exercising the powers of the Chief Executive of Pakistan shall be considered.
Sub-Article 1 of Article 22 of the Interim Constitution will have 65 instead of 53. And clause E will be followed by clause F, which will be as follows:
(F) 12 members from the following areas of the State of Jammu and Kashmir currently under Indian control:
i) Five from Valley (Kashmir)
ii) Five from Jammu; And
iii) Two from Ladakh
However, the members mentioned in this clause will not be elected or will not be included in the count of membership of the Assembly, unless the occupation of these parts of the state of Jammu and Kashmir by India ends and the people there do not elect their own representatives. That is, these 12 seats will not be counted for the legislative process, for the election of the President, the Prime Minister, the Speaker or the Deputy Speaker.
C). In sub-article four, 90 will be written instead of 60. (That is, elections will now be held within 90 days instead of 60 days after the end of the Assembly term)
Sub-articles 2, 3 and 4 of Article 31 of the Interim Constitution have been replaced by the following articles: –
2) The Assembly shall have the special power to make laws on any matter which is not included in the Third Schedule.
3) The Council shall have the special power to make laws in respect of any matter listed in the Third Schedule.
4) The Council and the Assembly shall not have the power to legislate on the following matters: –
(A) Responsibilities of the Government of Pakistan under UNCIP Resolutions.
(B) Defense and security of Azad Jammu and Kashmir.
(C) Issuance of existing coins or bills, notes or other paper currency; Or
(D) Foreign affairs of Azad Jammu and Kashmir including foreign trade and foreign aid.
Following Article 34 of the Interim Constitution, a new Article 35 has been added: –
35). A bill passed by the Council will not require the consent of the President and once approved by the Chairman of the Council, it will become law and will be called the Council Act.
After amending Article 41 of the Interim Constitution, a new Article 41-A was added which is as follows: –
41-A). There will be a Judicial Commission of Azad Jammu and Kashmir, which will prepare proposals for the appointment of judges of the Supreme Court and the High Court.
(2) The Commission for the Appointment of Judges of the Supreme Court shall consist of the following members:
(i) Chief Justice of Azad Jammu and Kashmir (Chairman)
(ii) Supreme Court Senior Judge (Member)
(iii) Second Senior Judge of the Supreme Court (Member)
(iv) Minister for Law, Independent Government of the State of Jammu and Kashmir (Member)
(v) A senior lawyer who will be nominated by the Azad Jammu and Kashmir Bar Council for a term of one year
3) Notwithstanding anything contained in sub-article (1) or sub-article (2), the President shall appoint the most senior judge of the Azad Jammu and Kashmir Supreme Court as the Chief Justice of the Supreme Court.
4) The Commission may formulate rules to regulate its procedures.
5) For the appointment of judges of the High Court, the Commission shall also include the following members in sub-article (2):
(i) Chief Justice of the High Court (Member)
(ii) Senior Judge High Court (Member)
Provided that for the appointment of the Chief Justice of the High Court, the most senior judge mentioned in Serial No. (II) of Sub-Article (5) shall not be a member of the Commission.
6) The members of the Commission shall, by a majority vote, prepare a panel of three persons for each vacant post of Judge in the Supreme Court or the High Court and send it to the Prime Minister of Azad Jammu and Kashmir.
Substituting Article 42 of the Interim Constitution, Article 4 states that the Chief Justice of Azad Jammu and Kashmir and every judge of the Supreme Court shall be appointed by the President on the advice of the President of Azad Jammu and Kashmir and this work shall be carried out in accordance with Article 41-A. (In addition, the specified time and purpose for the appointment of an ad hoc judge has been added in advance.)
Sub-Article 2-A of Article 43 has also been amended to propose the procedure for appointment of Chief Justice of the High Court and judges of the High Court to be modeled on that of the Supreme Court.
Similarly, Article 43 (3) has been amended to make it mandatory for a High Court judge to have 15 years of experience as a High Court judge instead of ten. Similarly, by adding a new paragraph in Article A, the qualification of a High Court judge has been included that at least 25 decisions of the Supreme Court or the High Court should be included in the National Journal of Law. In addition, a minimum age limit of 50 years has been proposed for a High Court judge.
It is also proposed to allocate 70 per cent quota for lawyers and 30 per cent judicial officers for the appointment of High Court judges.
It is also proposed to change the Third Schedule of the Interim Constitution which is as follows: –
(Note: It is proposed that the Kashmir Council be given the power to legislate on matters included in the Third Schedule.)
- Communication such as post and telegraph, including telephone, wireless, broadcasting and others; Post Office Savings Bank
- Nuclear energy, including:
(a) Mineral resources required for nuclear energy production;
(B) Production of nuclear fuel and production and use of nuclear energy. And
(c) Ionizing radiation.
- Aircraft and air navigation; Aerodrome supply; Organizing air traffic and aerodrome.
- Beacons and other provisions for aircraft safety.
- Aircraft by passengers and luggage.
- Copyright, inventions, designs, trademarks and trademarks.
- Export and sale of opium.
- State Bank of Pakistan; Banking, that is to say, banking business is conducted by corporations other than those owned or managed by Azad Jammu and Kashmir and business is conducted only in Azad Jammu and Kashmir.
- Insurance law, except for respect for insurance provided by Azad Jammu and Kashmir and rules for conducting insurance business.
10 Stock exchanges and futures markets and commodities whose business is not limited to Azad Jammu and Kashmir.
- Economic harmonization plan including scientific and technical research planning and coordination.
- Highways that extend beyond the territory of Azad Jammu and Kashmir and also roads declared by the Government of Pakistan which are of strategic importance.
- External Affairs; Enforcement of educational and cultural agreements and treaties with other countries, including extradition of criminals and accused in governments outside Pakistan.
- Foreign exchange; Checks, bill exchanges, promissory notes and other such tools.
- Libraries, museums and other institutions that are run or funded by the Government of Pakistan.
- To the agencies and institutes of the Government of Pakistan for the following purposes, namely, for research, for vocational or technical training, or for the promotion of special studies.
- Education in respect of students of Azad Jammu and Kashmir and foreign students in Azad Jammu and Kashmir.
- Import and Export in Customs Frontiers as defined by the Government of Pakistan.
- International treaties, conventions, agreements and international arbitration.
- Surveys including geological surveys and meteorological organizations
- Establishment of weight and measures standards.
- Customs duties, including export duty.
- Mineral oil and natural gas. Liquids and substances declared by the government of Pakistan are dangerously combustible.
- National planning and national economic coordination, including planning and coordination of scientific and technical research.
- Supervision and management of public debts.
- Terminal tax on goods or passengers by rail or air, tax on their fares and freight.
- Steps to prevent the spread of diseases, infections, animal, or plant infections from Azad Jammu and Kashmir to Pakistan or from Pakistan to Azad Jammu and Kashmir.
- Medical and other fields including professional law.
- Offenses against the law in respect of any matter included in this list.
- Inquiries and statistics for the purposes of any matter included in this list
On the other hand, government sources say that there is intense pressure from the federal government to approve the draft of the aforesaid Fourteenth Amendment. The next year of the Farooq Haider government has also been made subject to the approval of the said amendment. However, there has been no reaction from the federation. Neither the signature of the drafter is included nor is it stated anywhere in the draft that the draft was prepared by the federation or by the government of Pakistan-administered Jammu and Kashmir.
However, Chaudhry Ilyas Advocate, vice-chairman of the Pakistan-administered Jammu and Kashmir Bar Council, rejected the proposed draft, calling it a complete paralysis of the interim constitution.