The Azad Jammu and Kashmir Interim Constitution, 1974

(In the name of Allah, the most Beneficent, the most Merciful)

INTERIM CONSTITUTION, 1974

ACT VIII OF 1974

PREAMBLE

An Act to repeal and, with certain modifications, re-enact the Azad Jammu and Kashmir Government

WHEREAS the future status of the State of Jammu and Kashmir is yet to be determined in accordance with the freely expressed will of the people of the State through the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP Resolutions adopted from time to time;

AND WHEREAS a part of the territories of the State of Jammu and Kashmir already liberated by the people are known for the time being as Azad Jammu and Kashmir;

¹[AND WHEREAS the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;]¹

²[AND WHEREAS it is necessary to cause further empowerment of the Legislative Assembly of Azad Jammu and Kashmir and Azad Government of the State of Jammu and Kashmir as being chosen representative of the people of Azad Jammu and Kashmir to exhaustively exercise their legislative powers and executive authority, as the case may be, for the better governance, socio-economic development and in particular for general welfare of people of Azad Jammu and Kashmir in the sustained manner and other matters ancillary thereto besides pursuing and fostering our cause of securing self-determination under the UN Charter and according to the UNCIP Resolutions through the democratic method of free and fair plebiscite under the auspices of the United Nations;]²

AND WHEREAS it is necessary to provide for the better Government and administration of Azad Jammu and Kashmir until such time as the status of Jammu and Kashmir is determined as aforesaid and for that purpose to repeal and re-enact the Azad Jammu and Kashmir Government Act, 1970, with certain modifications;

AND WHEREAS in the discharge of its responsibilities under the UNCIP Resolutions, the Government of Pakistan has approved of the proposed repeal and re-enactment of the said Azad Jammu and Kashmir Government Act, 1970, and authorized the President of Azad Jammu and Kashmir to introduce the present Bill in the Legislative Assembly of Azad Jammu and Kashmir for consideration and passage.

It is hereby enacted as follows:-

1. Short Title and Commencement, etc.
(1) 1[This Constitution shall henceforth be known as the Azad Jammu and Kashmir Interim Constitution, 1974.]

(2) It shall come into force on the day on which the Azad Jammu and Kashmir Government Bill, 1974, is assented to, or is deemed to have been assented to, by the President.

(3) This Bill shall not be presented to the President for assent unless it has been passed

1. Subs. by the (Thirteenth Amdt.) Act, 2018. by the votes of not less than two- thirds of the total number of members.

(4) The President shall assent to this Bill within three days after it has been presented to him for assent under ³[sub-article]³ (2); and, if the President fails to do so, he shall be deemed to have assented to this Bill at the expiration of the said period.

[2. Definitions.
(1) In the Constitution, unless there is anything repugnant in the subject or context,-

‘Agricultural income’ means agricultural income as defined for the purposes of the law relating to income-tax;

‘Assembly’ means the Legislative Assembly of Azad Jammu and Kashmir;

‘Azad Jammu and Kashmir’ means the territories of the State of Jammu and Kashmir which have been liberated by the people of that State and are for the time being under the administration of Government and such other territories as may hereafter come under its administration;

‘Corporation Tax’ means any tax on income that is payable by companies and in respect of which the following conditions apply:-

(i) the tax is not chargeable in respect of agricultural income;

(ii) no deduction in respect of the tax paid by companies is, by any law which may apply to the tax, authorized to be made from dividends payable by the companies to individuals;

(iii) no provision exists for taking the tax so paid into account in computing for the purposes of income tax the total income of individuals receiving such dividends, or in computing the income-tax payable by, or refundable to, such individuals;

‘Council’ means the Azad Jammu and Kashmir Council constituted under the Constitution;

‘Financial year’ means the year commencing on the first day of July and ending on the thirtieth day of June;

‘Government’ means the Azad Government of the State of Jammu and Kashmir;

⁵[‘Joint Sitting’ [Omitted]

‘Judge’ in relation to the Supreme Court of Azad Jammu and Kashmir or the High Court, includes the Chief Justice of the Supreme Court of Azad Jammu and Kashmir or, as the case may be, High Court and also includes an ⁶[ad-hoc Judge of the Supreme Court and]⁶ Additional Judge of the High Court;

⁷[‘Muslim’ means a person, who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him);”

‘Non-Muslim’ means a person, who is not a Muslim and includes a person belonging to the Christian, Jew, Hindu, Sikh, Budhist or Parsi community, a person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), or a Bahai, or any person who does not fulfill the requirements of a Muslim;]⁷

‘Person’ includes any body politic or corporate;

‘President’ means the President of Azad Jammu and Kashmir and includes a person for the time being acting as, or performing the functions of the President of Azad Jammu and Kashmir;

‘Prescribed’ means prescribed by law or rules made there-under;

‘Property’ includes any right, title or interest in property, movable or immovable, and any means and instruments of production;

‘Remuneration’ includes salary and pension;

‘Service of Azad Jammu and Kashmir’ means any service, post or office in connection with the affairs of Azad Jammu and Kashmir, including the Council, but does not include service as Chairman of the Council, President, Speaker, Deputy Speaker, Prime Minister, Minister, Federal Minister in-charge of the Council Secretariat, 1[*] 2[Parliamentary Secretary, Advisor to the Prime Minister] or a member of the Assembly or member of the Council;

‘Speaker’ means Speaker of the Assembly and includes any person acting as the Speaker of the Assembly;

‘State Property’ means any movable or immovable property as belonged to the State of Jammu and Kashmir or its former Ruler or a Raja and is within the territories of Pakistan;

‘State Subject’ means a person for the time being residing in Azad Jammu and Kashmir or Pakistan who is a State Subject, as defined in the late Government of the State of Jammu and

1.Omitted by Constitution (Thirteenth Amdt.) Act, 2018. 2.Ins. by the (Tenth Amdt.) Act, 1993 (Act XX of 1993) Kashmir Notification No. I-L/84, dated the 20th April, 1927, as amended from time to time;

‘Taxation’ means the imposition of any tax or duty, whether general, local or special, and ‘tax’ shall be construed accordingly;

‘Tax on income’ includes a tax in the nature of an excess profits tax or a business profits tax.

1[(2) In the Constitution, Act of the Assembly, shall include an Ordinance promulgated under sub-Article (1) of Article 41].

2[(3) Omitted.]

3. Islam to be State religion.
Islam shall be the State religion of Azad Jammu and Kashmir.

⁸[3-A. Principles of Policy.
(1) The Principles set out in Article 3-A, 3-B, 3-C, 3-D, 3-E, 3-F, 3-G, 3- H, 3-I and 3-J shall be known as the Principles of Policy, and it is the responsibility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with these Principles in so far as they relate to the functions of the organ or authority.

(2) In so far as the observance of any particular Principle of Policy may be dependent upon resources being available for the purpose, the Principle shall be regarded as being subject to the availability of resources.

(3) In respect of each year, the President shall cause to be prepared and laid before the Assembly, a report on the observance and implementation of the Principles of Policy and provision shall be made in the rules of

1.Subs. by (Thirteenth Amdt.) Act, 2018. 2.Omitted by the (Twelfth Amdt.) Act, 2018. procedure of the Assembly for discussion on such report.

3-B. Responsibility with respect to Principles of Policy.
(1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy is that of the organ or authority of the State, or of the person, concerned.

(2) The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the State or any organ or authority of the State or any person on such ground.

3-C. Islamic way of life.
(1) Steps shall be taken to enable the Muslim State Subjects, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.

(2) The state shall endeavor, as respects the Muslims of State:-

(a) to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran;

(b) to promote unity and the observance of the Islamic moral standards; and

(c) to secure the proper organization of zakat, usher, auqaf and mosques.

3-D. Promotion of local Government institutions.
The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.

3-E. Parochial and other similar prejudices to be discouraged.
The State shall discourage parochial, racial, tribal and sectarian prejudices among the State Subjects.

3-F. Full participation of women in life.
Steps shall be taken to ensure full participation of women in all spheres of life.

3-G. Protection of family, etc.
The State shall protect the marriage, the family, the mother and the child.

3-H. Protection of minorities.
The State shall safeguard the legitimate rights and interests of minorities including their due representation in the Service of Azad Jammu and Kashmir.

3-I. Promotion of social justice and eradication of social evils.
The State shall,-

(a) promote, with special care, the educational and economic interests of backward classes or areas;

(b) remove illiteracy and provide free and compulsory secondary education within minimum possible period;

(c) make technical and professional education generally available and higher education equally accessible to all on the basis of merit;

(d) ensure inexpensive and expeditious justice;

(e) make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;

(f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Azad Jammu and Kashmir;

(g) prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;

(h) prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes; and

(i) decentralise the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.

3-J. Promotion of social and economic well-being of the people.
being of the people.- The State shall,-

(a) secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;

(b) provide for all citizens, within the available resources of the State, facilities for work and adequate livelihood with reasonable rest and leisure;

(c) provide for all persons employed in the service or otherwise, social security by compulsory social insurance or other means;

(d) reduce disparity in the income and earnings of individuals, including persons in the various classes of the service; and

(e) eliminate riba as early as possible.]⁸

4. Fundamental Rights.
(1) Any law or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Article, shall, to the extent of such inconsistency, be void.

(2) ⁹[No law shall be made]⁹ which takes away or abridges the rights so conferred and any law made in contravention of this sub-Article shall, to the extent of such contravention, be void.

(3) The provisions of this Article shall not apply to any law relating to the members of the defense services or of the forces charged with the maintenance of public order for the purpose of ensuring proper discharge of their duties or the maintenance of discipline among them.

(4) The Rights

1. Security of person.- No person shall be deprived of ¹⁰[life or]¹⁰ liberty save in accordance with law.

2. Safeguard as to arrest and detention.- (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

(3) Nothing in sub-paragraphs (1) and (2) shall apply to any person,-

(a) who for the time being is an enemy alien, or

(b) who is arrested or detained under any law providing for preventive detention.

¹¹[(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defense of Azad Jammu and Kashmir or Pakistan or any part thereof, or public order, or the maintenance of supplies or services, and no such law shall authorize the detention of a person for a period exceeding three months unless the Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of three months, unless the Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.

Explanation-I: In this clause, "the Review Board" means a Board appointed by the Chief Justice of Azad Jammu and Kashmir consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court.

Explanation-II: The opinion of the Review Board shall be expressed in terms of the views of the majority of its members.

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, within fifteen days from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.

(6) The authority making the order shall furnish to the Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any document, is produced.

(7) Within a period of twenty four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:

Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy, or who is acting or attempting to act in a manner prejudicial to the integrity, security or defense of Azad Jammu and Kashmir or Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity as defined in a law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity.

(8) The Review Board shall determine the place of detention of the person detained and for a reasonable subsistence allowance for his family.

(9) Nothing in this clause shall apply to any person who for the time being is an enemy alien.]¹¹

3. Slavery and forced labour prohibited.- (1) No person shall be held in slavery, and no law shall permit or in any way facilitate the introduction into Azad Jammu and Kashmir of slavery in any form.

(2) All forms of forced labour and ¹²[traffic in human being]¹² are prohibited.

¹³[(2-a) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.]¹³

(3) Nothing in this paragraph shall be deemed to affect compulsory service-

(a) by persons undergoing punishment for offences against any law; or

(b) required by any law for a public purpose:

¹⁴[Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.]¹⁴

4. Protection against retrospective Punishment.- No law shall authorise the punishment of a person,-

(a) for an act or omission that was not punishable by law at the time of the act or omission; or

(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.

5. Freedom of movement.- Subject to any reasonable restrictions imposed by law in the public interest, every State Subject shall have the right to move freely throughout Azad Jammu and Kashmir territory and to reside and settle in any part thereof.

6. Freedom of assembly.- Every State Subject shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

¹⁵[7. Freedom of association.- (1) Every State Subject shall have the right to form association or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan and Azad Jammu and Kashmir, morality or public order.

(2) Every State Subject, not being in the Service of Azad Jammu and Kashmir, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of the State and such law shall provide that where the Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of the State, the Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan.

(4) Every political party shall account for the source of its funds in accordance with law.]¹⁵

8. Freedom of trade, business or profession.- Every State Subject possessing such qualifications, if any, as may be prescribed by law in relation to his profession or occupation shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

Provided that nothing in this paragraph shall prevent,-

(a) the regulation of any trade or profession by a licensing system; or

(b) the regulation of trade, commerce or industry in the interest of free competition therein; or

¹⁶[(c) the carrying on, by Government, ¹⁷[*]¹⁷or by a corporation controlled by Government, ¹⁸[*]¹⁸ of any trade business, industry or service, to the exclusion, complete or partial, or other persons.

9. Freedom of speech.- Every State Subject shall have the right to freedom of speech and expression, subject to any reasonable restrictions imposed by law in the interest of the security of Azad Jammu and Kashmir, friendly relations with Pakistan, public order, decency or morality, or in relation to contempt of Court, defamation or incitement to an offence.

10. Freedom of religion.- Subject to law, public order and morality-

(a) every State Subject has the right to profess and practices his religion; and

(b) every religious denomination and every sect thereof has the right to establish, maintain and manage its places of worship:

Provided that nothing contained in sub-paragraphs(a) and (b) shall be so construed as to abridge the authority to promulgate laws which may prescribe prohibition or penalty for conversion from Islam or the act of converting or the attempt of converting a Muslim to some other religion.

11. Safeguard against taxation for purposes of any particular religion.- No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.

12. Safeguard as to educational institutions in respect of religion, etc.- (1) No person attending any educational institution shall be required to receive religious instructions or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.

(2) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination.

(3) No State Subject shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.

(4) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.

(5) Every religious community or denomination shall have the right to establish and maintain educational institutions of its own choice, and the Government shall not deny recognition to any such institution on the ground only that the management of such institution vests in that community or denomination.

(6) Nothing in this paragraph shall prevent any public authority from making provision for the advancement of any society or educationally backward class of State Subjects.

13. Provision as to property.- Subject to any reasonable restrictions imposed by law in the public interest, every State Subject shall have the right to acquire, hold and dispose of property.

14. Protection of property.- (1) No person shall be deprived of his property save in accordance with law.

(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given.

(3) Nothing in this paragraph shall affect the validity of,-

(a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or

(b) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be evacuee property under any law ¹⁹[(not being property which has ceased to be evacuee property under any law)]¹⁹; or

²⁰[(c) any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or

(d) any law providing for the taking over of the management of any property by the Government for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or

(e) any law providing for the acquisition of any class of property for the purpose of,-

(i) providing education and medical aid to all or any specified class of State Subjects; or

(ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of state subjects; or

(iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or

(f) any law in force immediately before the coming into force of the Constitution.]²⁰

Explanation.- In sub-paragraphs

(2) and (3), ‘property’ shall mean immovable property, or any commercial or industrial undertaking, or any interest in any undertaking.

²¹[(4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court]²¹

²²[15. Equality of State Subjects.- (1) All State Subjects are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination against any State Subject on the basis of sex.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.]²²

16. Non-discrimination in respect of access to public places.- ²³[(1)]²³ In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any state subject on the ground only of race, religion, caste, sex or place of birth, but nothing herein shall be deemed to prevent the making of any special provision for women.

²⁴[(2) Nothing in sub-Article (1) shall prevent the State from making any special provision for women and children.]²⁴

²⁵[17. Safeguard against discrimination in services.- No State Subject otherwise qualified for appointment in the service of Azad Jammu and Kashmir shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, residence, sex or place of birth:

Provided that in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex:

Provided further that under-representation of any class or area in the service of State may be redressed in such manner as may be determined by an Act of Assembly.]²⁵

18. Abolition of untouchability.- Untouchability is abolished and its practice in any form is forbidden and shall be declared by law to be an offence.

²⁶[19. Right to fair trial.- For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process.

20. Protection against double punishment and self-incrimination.- No person shall,-

(i) be prosecuted or punished for the same offence more than once; or

(ii) when accused of an offence, be compelled to be a witness against himself.

21. Inviolability of dignity of man, etc.-

(i) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(ii) No person shall be subjected to torture for the purpose of extracting evidence.

22. Right to information.- Every State Subject shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

23. Right to education.- The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.

24. Preservation of language, script and culture.- Without prejudice to the national language of Azad Jammu and Kashmir as may be declared by the Government, any section of society having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.]²⁶

5. President.
²⁷[(1) There shall be a President of Azad Jammu and Kashmir, who shall be elected by the members of the ²⁸[Assembly]²⁸ by the votes of majority of the total membership of the ²⁹[Assembly]²⁹ in such manner as may be prescribed:

Provided that, if no person secures such majority in the first poll, a second poll shall be held between the person who secure the two highest numbers of votes in the first poll and the person who secures a majority of votes of the members present and voting shall be declared to have been elected as President:

Provided further that, if the number of votes secured by two or more persons securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.]²⁷

(2) The election to the office of President shall be conducted under the control and supervision of the Chief Election Commissioner.

(3) The election of the President under sub- Article (2) shall not be called in question in any Court or before any Tribunal or other authority.

³⁰[(3-A) Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office or, if the election cannot be held within that period because the Assembly is dissolved, within thirty days of the general election to the Assembly.]³⁰

4) No person shall be qualified for election as President unless,-

(a) he is a Muslim;

(b) he has attained the age of thirty-five years;

(c) his name appears on the electoral roll prepared for election of the members of the Assembly; and

(d) he is qualified to be elected as member of the Assembly.

(5) Subject to the provisions of the Constitution, the President shall hold office for a period of five years from the date on which he enters upon his office and shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

(6) Before he enters upon his office, the President shall make before the Chief Justice of ³¹[Azad Jammu and Kashmir]³¹ an oath in the form set out in the First Schedule;

Provided that this provision will not apply to a person acting as President;

Provided further that the oath made or deemed to have been made under the provisions of Azad Jammu and Kashmir Government Act, 1970, shall be deemed to have been made under the Constitution.

(7) The President may resign his office by writing under his hand addressed to the Speaker of the Assembly.³²[*]³²

³³[(8) The President shall not be a member or a candidate for election as member of the Assembly and if a member of the Assembly is elected as President his seat in the Assembly shall become vacant on the day he enters upon his office.]³³

6. Removal of President.
(1) If one-third of the total number of members of the ³⁴[Assembly]³⁴ give a notice in writing to the Speaker of the Assembly of their intention to move a resolution of no confidence against the President, the Speaker shall convene a meeting of the ³⁵[Assembly]³⁵ not later than two weeks from the date of receipt of the notice.

(2) The President shall have the right to appear before the ³⁶[Assembly]³⁶ during the consideration of the resolution under sub-Article (1) and to make a statement if he so desires.

(3) If the resolution under sub-Article (1) is passed by the ³⁷[Assembly]³⁷ by the votes of not less than two-thirds of the total number of members of the ³⁸[Assembly]³⁸ the President shall forthwith cease to hold office.

7. President to act on advice, etc.
(1) ³⁹[Subject to an express provision to the contrary in the Constitution,]³⁹ in the performance of his functions, the President shall act on and in accordance with the advice of the Prime Minister and such advice shall be binding on him.

(2) The question whether any, and if so what, advice was tendered to the President by the Prime Minister shall not be enquired into any court.

8. Acting President.
At any time when the President is unable to perform the functions of his office due to absence, illness or any other cause, the Speaker of the Assembly ⁴⁰[*]⁴⁰ shall act as President and shall perform the functions of President.

9. Casual vacancy in the office of President.
Where the office of President falls vacant due to death, resignation or any other cause the Speaker of the Assembly ⁴¹[*]⁴¹shall,-

(a) perform the functions of President till such time as a new President is elected; and

(b) cause an election to the office of President to be held within a period of ⁴²[thirty days]⁴² from the date on which the office falls vacant 7[or, if the election cannot be held within that period because the Assembly is dissolved, within thirty days of the general elections to the Assembly.]¹⁶

10. President’s power of pardon and reprieve.
The President ⁴⁴[shall have]⁴⁴ power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority:

⁴⁵[Provided that this power shall not be exercised in respect of sentences of “hadd”, “qisas” and “diyyat”.]⁴⁵

11. Plebiscite Adviser.
The President may appoint a Plebiscite Adviser to advise the Government in relation to the holding of a plebiscite in the State of Jammu and Kashmir in terms of the UNCIP Resolutions.

12. The Government.
(1) ⁴⁶[*]⁴⁶The executive authority of Azad Jammu and Kashmir shall be exercised in the name of the President by the Government, consisting of the Prime Minister and the Ministers, which shall act through the Prime Minister who shall be the Chief executive of Azad Jammu and Kashmir.

(2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Ministers.

(3) The Prime Minister and the Ministers shall be collectively responsible to the Assembly.

⁴⁷[(4) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the Government, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President.

(5) The Government may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it.]⁴⁷

13. The Prime Minister.
(1) The Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.

(2) After the election of the Speaker, ⁴⁸[and the Deputy Speaker]⁴⁸ the Assembly shall, to the exclusion of any other business, proceed to elect, without debate one of its Muslim members to be the Prime Minister.

(3) The Prime Minister shall be elected by the votes of the majority of the total membership of the Assembly:

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of the members present and voting.

(4) The member elected under sub-Article (3) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office make before the President oath in the form set out in the First Schedule.

14. Ministers.
(1) The Prime Minister shall appoint Ministers from amongst the members of the Assembly.

** ⁴⁹[Omitted]⁴⁹

(2) Before entering upon office, a Minister shall make before the President oath in the form set out in the First Schedule.

(3) A Minister may, by writing under his hand addressed to the Prime Minister, resign his office or may be removed from office by the Prime Minister.

⁵⁰[14-A. Appointment of Advisors, Special Assistants and Parliamentary Secretaries.
(1) The Prime Minister may appoint Advisors and Special Assistants to Government, of whom total strength in each case shall not exceed two, for the performance of such duties and functions as may be prescribed by law.

(2) The Prime Minister may also appoint Parliamentary Secretaries, not exceeding five from amongst the members of the Assembly to perform such functions as may be prescribed by law.

(3) The Advisor, Special Assistant or Parliamentary Secretary, as the case may be, by writing under his hand addressed to the Prime Minister, may resign from his office or may be removed from his office by the Prime Minister.]⁵⁰

15. Prime Minister continuing in office.
(1) The Prime Minister shall continue to hold office until his successor enters upon the office of Prime Minister.

(2) Nothing in Article 13 or Article 14 shall be construed to disqualify the Prime Minister or a Minister from continuing in office during the period the Assembly stands dissolved.

16. Resignation of Prime Minister.
(1) Subject to sub-Article (2) the Prime Minister may, by writing under his hand addressed to the President, resign his office and, when the Prime Minister resigns, the Ministers shall cease to hold office.

(2) The Prime Minister and, at the request of the Prime Minister, a Minister shall continue to perform the functions of the office of Prime Minister or, as the case may be, Minister until a new Prime Minister has been elected and has entered upon his office.

(3) If the Assembly is in session at the time when the Prime Minister resigns his office, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the resignation.

17. Minister performing functions of Prime Minister.
(1) In the event of the death of the Prime Minister or the office of the Prime Minister becoming vacant by reason of his ceasing to be a member of the Assembly, the most senior Minister for the time being shall be called upon by the President to perform the functions of that office and the Ministers shall continue in office until a new Prime Minister has been elected and has entered upon his office.

(2) If the Assembly is in session at the time when the Prime Minister dies or the office of the Prime Minister becomes vacant, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the death of the Prime Minister or, as the case may be, of the office becoming vacant.

(3) When, ⁵¹[the Prime Minister is unable to perform his functions due to physical incapacitation or sickness]⁵¹ the most senior Minister for the time being shall perform the functions of Prime Minister until the Prime Minister resumes his functions.

(4) In this Article, “most senior Minister”, means the Minister for the time being designated as such by the Prime Minister.

18. Vote of no-confidence against Prime Minister.
⁵²[(1) A resolution for a vote of no-confidence (hereinafter in this Article referred to as the resolution) moved by not less than twenty five per centum of the total membership of the Assembly may be passed against the Prime Minister by the Assembly.]⁵²

(2) A resolution shall not be moved in the Assembly unless by the same resolution the name of another member of the Assembly is put forward as the successor.

(3) A resolution shall not be moved in the Assembly while the Assembly is considering demands for grants submitted to it in the Annual Budget.

(4) A resolution shall not be voted upon before the expiration of three days, or later than seven days, from the date on which it is moved in the Assembly.

(5) If the resolution is passed by majority of the total membership of the Assembly, the President shall call upon the person named in the resolution as the successor to assume office and, on his entering upon office, his predecessor and the Ministers appointed by him shall cease to hold office.⁵³[*]⁵³

(6) If a resolution is not passed another such resolution shall not be moved until a period of six months has elapsed.

⁵⁴[19. Extent of executive authority of Government.
(1) The executive authority of the Government shall extend to the matters with respect to which the Assembly has power to make laws including Part-B of Third Schedule and shall be so exercised as,-

(a) not to impede or prejudice the responsibilities of Government of Pakistan in relation to the matters specified in sub- Article (3) of Article 31; and

(b) to secure compliance with the laws made in relation to matters specified in Third Schedule as set out under sub-Article (3) of Article 31.

(2) The Government, if deems necessary or expedient in the public interest and to secure paramount purpose of social and economic wellbeing of the people of the State, may with the consent of the Government of Pakistan, entrust, either conditionally or unconditionally, to the Government of Pakistan or to any of its subordinate authority including a ministry, division, organization or statutory body or entity of Pakistan, to perform any of such functions within territory of the State as may be prescribed by law.

(3) The Government of Pakistan may also entrust, either conditionally or unconditionally, any of its functions to the Government in relation to any matter specified in Part-B of the ‘Third Schedule’ as set out under sub-Article

(3).

(4) The relationship between Government of Pakistan with the Government shall be such as manifested in sub-Article (3) of Article 31 and the Cabinet Division D.O. No. 8/9/70-Cord-1 dated the 11th May, 1971 of the Government of Pakistan with respect to peculiar political status of Azad Jammu and Kashmir and shall be the guiding principles to maintain direct working relationship of Government with the Government of Pakistan.]⁵⁴

20. Advocate General.
(1) The President shall appoint a person, being a person qualified to be appointed a Judge of the High Court to be the Advocate General for Azad Jammu and Kashmir.

(2) It shall be the duty of the Advocate General to give advice to Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the Government.

(3) The Advocate General shall hold office during the pleasure of the President.

(4) The Advocate General may, by writing under his hand addressed to the President resign his office.

(5) The person holding the office as advocate General immediately before the commencement of the Constitution shall be deemed to be the Advocate General, appointed under the Constitution.

21. Azad Jammu and Kashmir Council.
(1) There shall be an Azad Jammu and Kashmir Council consisting of:-

(a) the Prime Minister of Pakistan;

(b) the President;

(c) five Members to be nominated by the Prime Minister of Pakistan from time to time from amongst Federal Minister and members of Parliament;

(d) the Prime Minister of Azad Jammu and Kashmir or a person nominated by him; and

(e) six members to be elected by the Assembly from amongst State Subjects in accordance with the system of proportional representation by means of the single transferable vote.

(2) The Prime Minister of Pakistan shall be the Chairman of the Council.

(3) The President shall be the vice-Chairman of the Council.

⁵⁵[(3-A) The Federal Minister of State for Kashmir Affairs and Northern Affairs shall be an ex-officio member of the Council.]⁵⁵

(4) The qualifications and disqualification for being elected, as and for being, a member of the Council shall, in the case of a member referred to in clause (e) of sub-Article(1), be the same as these for being elected as, and for being a member of the Assembly.

⁵⁶[(4-A) The seat of a member of the Council elected by the Assembly, hereinafter referred to as an elected member, shall become vacant if,-

(a) he resigns his seat by notice in writing under his hand addressed to the Chairman or, in his absence, to the Secretary of the Council;

(b) if he is absent, without the leave of the Chairman, from thirty consecutive sittings of the Council;

(c) he fails to make the oath referred to in sub-Article(6) within a period of ninety days after the date of his election, unless the Chairman, for good cause shown, extends the period; or

(d) he ceases to be qualified for being a member under any provision of the Constitution or any other law.

(4-B) If any question arises whether a member has, after his election, become disqualified from being a member of the Council, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, the member shall cease to be a member and his seat shall become vacant.

(4-C) An election to fill a vacancy in the office of an elected member shall be held not later than thirty days from the occurrence of the vacancy or, if the election cannot be held within that period because the Assembly is dissolved, within thirty days of the general election to the Assembly.

(4-D) The manner of election of elected members and filling of a casual vacancy in the office of an elected member shall be such as may be prescribed.]⁵⁶

(5) ⁵⁷[An elected member]⁵⁷ shall hold office for a term of five years from the day he enters upon his office:

⁵⁸[Provided that an elected member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.]⁵⁸

⁵⁹[(6) An elected member]⁵⁹ shall, before entering upon office, make before the Chairman oath in the form set out in the First Schedule.]⁵

⁶⁰[(7) The words ‘the Prime Minister of Pakistan’ wherever occurring in this Article shall be deemed to include the person for the time being exercising the powers and performing the functions of the Chief Executive of Pakistan.

⁶¹[(8)The Council shall have an advisory role in respect of matters and subjects, referred to in sub-Article (3) of Article 31 and in respect of the responsibilities of Government of Pakistan under the UNCIP Resolutions.]⁶¹

22. Legislative Assembly.
(1) The Legislature of Azad Jammu and Kashmir shall consist of a Legislative Assembly consisting of ⁶²[fifty three]⁶² members of whom,-

⁶³[(a) forty five shall be elected directly on the basis of adult franchise, out of whom,-

(i) thirty three members to be elected by the State Subjects residing in the Azad Government of the State of Jammu and Kashmir as defined in Article 2:

Provided that this amendment shall take effect from the next term of the Assembly;

(ii) six members to be elected from amongst themselves by the refugees from the occupied areas of districts of Muzaffarabad, Anantnag (Islamabad) and Baramula as these existed on the 14th day of August, 1947, who are now residing in any of the province of Pakistan;

(iii) six members to be elected from amongst themselves by such of the State Subjects from occupied areas of districts of Jammu, Kathua, Reasi, Udhampur, Poonch State and Mirpur as existed on the 14th day of August, 1947 and Mangla Dam affectees who are now residing in any of the province of Pakistan:

Provided that the members represented under sub-clauses (ii) and (iii), hereinabove, shall be deemed to have been elected and shall always to have been validly represented and elected under this Article.]⁶³

(b) ⁶⁴[five]⁶⁴, who shall be women, shall be elected by the directly elected members;

⁶⁵[(c) one, who shall be from amongst the Ulema-e-Din or Mushaikh and well-versed with the teachings of Islam, shall be elected by the directly elected members;

(d) one, who shall be from amongst the Jammu and Kashmir State Subjects residing abroad, shall be elected by the directly elected members; and

(e) one, who shall be from amongst the technocrats and other professionals, shall also be elected by the directly elected members.]⁶⁵

(2) The manner of election of the members of the Assembly and the manner of filling casual vacancies shall be such as may be prescribed.

(3) Every Assembly, unless sooner dissolved, shall continue for five years from the date appointed for their first meeting and no longer, and the expiration of the said period of five years shall operate as dissolution of the Assembly.

⁶⁶[(4) A general election to the Assembly shall be held within a period of sixty days immediately preceding the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the result of the election shall be declared not later than fourteen days before that day.]⁶⁶

23. Oath of members of the Assembly.
(1) A person elected as a member of the Assembly shall not take his seat in the Assembly until he makes before such person as is prescribed by rules of the Assembly an oath in the form set out in the First Schedule.

(2) The oath may be made at any time whether or not the Assembly is in session.

(3) If any person sits or votes in the Assembly knowing that he is not qualified to be, or is disqualified from being, a member of the Assembly he shall be liable in respect of every day on which he so sits or votes to a penalty of two hundred rupees a day which may be recovered from him as a debt due to the Government recoverable as arrears of land revenue.

24. Qualification of members of the Assembly.
(1) A person shall be qualified to be elected as, and to be, a member of the Assembly if,-

(a) he is a State Subject;

(b) he is not less than twenty-five years of age; and

(c) his name appears on the electoral roll of any constituency in Azad Jammu and Kashmir or Pakistan.

(2) A person shall be disqualified from being so-elected if,-

(a) he is of unsound mind and stands so declared by competent court; or

(b) he is an un-discharged insolvent unless a period of ten years has elapsed since his being adjudged as insolvent; or

(c) he has been on conviction for any offence sentenced to transportation for any term or imprisonment for a term of not less than two years unless a period of five years has elapsed since his release; or

(d) he holds any office of profit in the service of Azad Jammu and Kashmir or in the service of Pakistan other than an office which is not a whole time office remunerated either by salary or by fee other than an office specified in the Second Schedule; or

(e) he has been dismissed for misconduct from the service of Azad Jammu and Kashmir or the service of Pakistan unless a period of five years has elapsed since his dismissal; or

(f) he is otherwise disqualified from being a member of the Assembly by the Constitution or by or under any other law.

25. Seat in Assembly becomes vacant under certain circumstances.
(1) The seat of a member of the Assembly shall become vacant if,-

(a) he resigns his seat by notice in writing under his hand addressed to the Speaker or, in his absence, to the Secretary of the Assembly; or

(b) he is absent from the Assembly without the leave of the Assembly for thirty consecutive sitting days of the Assembly; or

(c) he fails to make the oath referred to in Article [23], within a period of ninety days after the date of his election unless the Speaker for good cause shown extends the period; or

(d) he is elected as a member of the Council; or

(e) he ceases to be qualified for being a member under any provision of the Constitution or any other law.

⁶⁸[(1-A) If a member of the Assembly is elected to more than one seat, he shall within a period of thirty days after the declaration of the result for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the seat to which he has been last elected or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was filed last.]⁶⁸

(2) If any question arises whether a member of the Assembly has, after his election, become disqualified from being a member of the Assembly, the Speaker shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, the member shall cease to be a member and his seat shall become vacant.

⁶⁹[(3) When except by dissolution of the Assembly, a seat in the Assembly has become vacant not later than one hundred and twenty days before the term of the Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy.]⁶⁹

26. Right to address and take part in Assembly proceedings.
(1) The President may address the Assembly and send message to the Assembly.

(2) The Advocate General shall have the right to speak and otherwise take part in the proceedings of the Assembly or of any of its committees, but shall not by virtue of this Article have the right to vote.

27. Meeting of the Assembly.
(1) The Assembly shall assemble at such times and at such places as the President may appoint; and the President may prorogue a session of the Assembly except when the Assembly has been summoned by the Speaker.

(2) Any meeting of the Assembly may be adjourned by the Speaker or other person presiding thereat.

⁷⁰[(3) The Assembly shall meet for not less than sixty working days in each year.]⁷⁰

⁷¹[(4) On a requisition signed by not less than one-fourth of the total membership of the Assembly, the Speaker shall summon the Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the Assembly, only he may prorogue it.]⁷¹

28. Dissolution of Assembly.
⁷²[(1)]⁷² The President shall dissolve the Assembly if so advised by the Prime Minister, and the Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

Explanation.-Reference in this Article to “Prime Minister” shall not be construed to include reference to a Prime Minister against whom a resolution for a vote of no confidence has been moved in the Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the Assembly or a Minister performing the functions of Prime Minister under sub- Article (1) or sub-Article (3) of Article17.

⁷³[(2) When the Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls.]⁷³

29. Speaker of the Assembly.
(1) The Assembly shall, at its first meeting or as soon thereafter as may be, elect from amongst its members a Speaker ⁷⁴[and a Deputy Speaker]⁷⁴ of the Assembly.

(2) Before entering upon office, a member of the Assembly elected as Speaker ⁷⁵[or Deputy Speaker]⁷⁵ shall make before the Assembly an oath in the form set out in the First Schedule.

(3) All proceedings of the Assembly shall be conducted in accordance with Rules of Procedure made by the Assembly and approved by the President.

⁷⁶[(4) The Speaker shall preside at the meetings of the Assembly and, when the office of the Speaker is vacant, or the Speaker is absent or is unable to perform his functions due to any cause, the Deputy Speaker shall act as Speaker, and if at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member of the Assembly present as may be determined by the Rules of Procedure of the Assembly shall preside at the meeting of the Assembly.

(5) So often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect one of its members to fill the office.]⁷⁶

(6) The Speaker may resign his office by writing under his hand addressed to the President.

⁷⁷[(6-A) The Deputy Speaker may resign his office by writing under his hand addressed to the Speaker.]⁷⁷

(7) The office of the Speaker ⁷⁸[or Deputy Speaker]⁷⁸ shall become vacant if,-

(a) except as provided in sub-Article (8), he ceases to be a member of the Assembly; or

(b) he is removed from office by a resolution of the Assembly, of which not less than seven days’ notice by not less than ⁷⁹[one fourth of the total membership of the Assembly]⁷⁹ has been given and which is passed by a majority of total membership of the Assembly.

(8) When the Assembly is dissolved, the Speaker shall continue in his office till the person elected to fill the office by the next Assembly enters upon his office.

30. ⁸⁰[Voting in Assembly and quorum.
]⁸⁰ (1) Subject to the Constitution;-

(a) a decision in the Assembly shall be taken by a majority of the votes of the members present and voting but the Speaker or the person presiding in his absence shall not vote except when there is an equality of votes in which case he shall exercise his casting vote;

(b) the Assembly may act notwithstanding any vacancy in its membership; and

(c) any proceeding in the Assembly shall not be invalid on the ground that some person who was not entitled to do so sat, voted or otherwise took part in the proceedings.

(2) If at any time during a meeting of the Assembly the attention of the person presiding at the meeting is drawn to the fact that ⁸¹[number of the members is less than one third of the total membership of the Assembly,]⁸¹ it shall be the duty of the person presiding either to adjourn the meeting or to suspend the meeting ⁸²[till such number of the]⁸² members are present.

⁸³[30-A. Restriction on discussion in Assembly, etc.
No discussion shall take place in the Assembly ⁸⁴[*]⁸⁴with respect to the conduct of any Judge of the Supreme Court of Azad Jammu and Kashmir or the High Court in the discharge of his duties.

30-B. Finance Committee.
(1) The expenditure of the Assembly within authorised appropriation shall be controlled by the Assembly acting on the advice of the Finance Committee.

(2) The Finance Committee shall consist of the Speaker, the Finance Minister and such other member as may be elected thereto by the Assembly.

(3) The Finance Committee may make rules for regulating its Procedure.

30-C. Secretariat of Assembly.
(1) The Assembly shall have a separate Secretariat.

(2) The Assembly may by laws regulate the recruitment and conditions of service of persons appointed to the Secretarial staff of the Assembly.

(3) Until provision is made by the Assembly under sub-Article (2),the persons appointed to the Secretarial Staff of the Assembly shall continue to be governed by the conditions of service for the time being applicable to them.]⁸³

⁸⁵[31. Legislative Power.
(1) Subject to sub-Article

(3) the Assembly shall have the power to make laws,-

(a) for the territories of Azad Jammu and Kashmir;

(b) for all state subjects, wherever they may be; and

(c) for all persons in the Service of Azad Jammu and Kashmir, wherever they may be.

(2) The Assembly shall have exclusive power to make laws on any matter not enumerated in Part-A of the Third Schedule.

(3) The Government of Pakistan shall have exclusive power to make laws with respect to any matter enumerated in ‘Part-A’ of the Third Schedule.

(4) The Assembly shall, with the consent of Government of Pakistan, make laws with respect to any matters enumerated in ‘Part-B’ of the Third Schedule.

(5) All taxes including the income tax shall be levied for the purposes of the territories of Azad Jammu and Kashmir by or under the authority of an Act of the Assembly.

(6) No law shall be repugnant to the teachings and requirements of Islam as set out in the Holy Quran and Sunnah and all existing laws shall be brought in conformity with the Holy Quran and Sunnah.

Explanation.- In the application of this sub- Article to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.]⁸⁵

⁸⁶[32. Council of Islamic Ideology.
(1) There shall be a Council of Islamic Ideology, hereinafter referred to as the Islamic Council.

(2) The Islamic Council shall consist of such members, being not less than five nor more than ten, as the President may appoint, on the advice of the Prime Minister, from amongst persons having knowledge of principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Azad Jammu and Kashmir.

(3) While appointing members of Islamic Council, the President shall ensure that,-

(a) so far as practicable, various school of thought are represented in the Islamic Council

(b) not less than one of the members are persons each of whom is or has been a judge of the Supreme Court or of a High Court; and

(c) not less than one third of the members are persons each of whom has been engaged for a period of not less than fifteen years, in Islamic research or instruction.

(4) The President shall appoint one of the members of Islamic Council to be Chairman of Islamic Council.

(5) If one-third members of the total strength of the Assembly so requires, the Assembly may refer to Islamic Council or Islamic Ideology Council of Pakistan constituted under Article 228 of the Constitution of Pakistan, for solicitation of advice as to whether a proposed law is or is not repugnant to the injunctions of Islam:

Provided that the Government may also make such reference for advice of Islamic Council or Islamic Ideology Council of Pakistan, if deems expedient in the public interest.

(6) When a proposed law or a question is referred under sub-Article (6), the Islamic Council, or the Islamic Ideology Council of Pakistan, as the case may be, shall, within fifteen days, inform the Assembly or the Government of the period within which the Council expects to be able to furnish that advice:

Provided that the Islamic Council may refer the question so received, with or without its opinion, to the Council of Islamic Ideology of Pakistan for advice.

(7) Where the Assembly considers that in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council or Islamic Ideology Council of Pakistan is furnished, the law may be made before the advice is furnished:

Provided that, where a law is referred for advice under sub-Article (7) and it is advised that the law is repugnant to the injunctions of Islam, the Assembly shall reconsider the law so made.

(8) A member of Islamic Council shall hold office for a period of three years.

(9) A Member may, by writing under his hand addressed to the President, resign his office or maybe removed by the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council.

(10) The proceedings of the Islamic Council shall be regulated by rules of procedure to be made by the Council with the approval of the Government.]⁸⁶

⁸⁷[33. Amendment of the Constitution.
(1) The provisions of the Constitution may be amended in accordance with the following provisions.

(2) No amendment shall be made in Articles 31, 33 and 56, without the prior approval of the Government of Pakistan.

(3) A bill to amend the Constitution, shall be originated in the Assembly and when the bill has been passed with or without amendment by the votes of not less than two-third of total membership of the Assembly, the bill shall be presented to the President for assent.]⁸⁷

⁸⁸[33-A. [Omitted].]⁸⁸

⁸⁹[34. Validity of proceedings of the Assembly.
(1) The validity of any proceedings in the Assembly shall not be questioned in any court.

(2) An officer or member or an authority to whom powers are vested for the regulation of proceedings, conduct of business, maintenance of order in the Assembly shall not, in relation to the exercise of any of those powers, be subject to the jurisdiction of any court.

(3) A member of, or a person entitled to speak in the Assembly shall not be liable to any proceedings in any court in respect of anything said by him or any vote given by him in the Assembly or in any committee thereof.

(4) A person shall not be liable to any proceedings in any court in respect of publication by or under the authority of the Assembly, of any report, paper, vote or proceedings.

(5) No process issued by a court or other authority shall, except with the leave of the Speaker be served or executed within the precincts of the place where a meeting of the Assembly is being held.

(6) Subject to this Article, the privileges of the Assembly, the committees and members of the Assembly and of the persons entitled to speak in the Assembly may be determined by law.]⁸⁹

⁹⁰[35. [Omitted].]⁹⁰

36. President’s assent to Bill.
(1) Subject to the Constitution, when a Bill has been passed by the Assembly ⁹¹[*]⁹¹ it shall be presented to the President for assent.

(2) The President shall assent to a Bill within seven days after it has been presented to him for assent under sub-Article(1) or under Article 33 and if the President fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period.

(3) When the President has assented or is deemed to have assented to a Bill, it shall become law and be called,-

(a) in the case of Bill to amend the Constitution, an Act of Azad Jammu and Kashmir; and

(b) in the case of a Bill with respect to any other matter, an Act of the Assembly.

⁹²[37. [Omitted].]⁹²

⁹³[37-A. Azad Jammu and Kashmir Consolidated Fund.
(1) All revenue ⁹⁴[taxes including income tax]⁹⁴ received by the Government, all loans raised by the Government, and all moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the Azad Jammu and Kashmir Consolidated Fund.

(2) All other moneys-

(a) received by or on behalf of the Government; or

(b) received by or deposited with the ⁹⁵[Supreme Court and the]⁹⁵ High Court or any other court established under the authority of the Government; shall be credited to the Public Account of the Government.

(3) The Custody of the Azad Jammu and Kashmir Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys there-from, the custody of other moneys received by or on behalf of the Government, their payment into, and withdrawal from the Public Account of the Government and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of the Assembly or, until provision in that behalf is so made by rules made by the President.]⁹³

38. Budget.
(1) The ⁹⁶[Government]⁹⁶ shall, in respect of every financial year, cause to be laid before the Assembly a statement of the estimated receipts and expenditure for that year, to be called the Annual Budget.

(2) The Annual Budget shall be submitted to the Assembly in the form of demands for grants and the Assembly shall have power to assent to, or to refuse to assent to any demand, or to assent to any demand subject to a reduction of the amount specified therein:

Provided that, for a period of ten years from the commencement of the Constitution or the holding of the second general election to the Assembly after such commencement, whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the ⁹⁷[Government]⁹⁷.

(4) The Annual Budget as passed by the Assembly shall be placed before the President who shall authenticate it by his signature.

⁹⁸[(5) If in respect of any financial year it is found,-

(a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that need has arisen for expenditure upon some new service not included in the Annual Budget for that year; or

(b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year; the Government shall have power to authorize expenditure from the Azad Jammu and Kashmir Consolidated Fund and shall cause to be laid before the Assembly a Supplementary Budget or, as the case may be, an Excess Budget, setting out the amount of that expenditure, and the provisions of this Article shall apply to those budgets as they apply to the Annual Budget.

(6) Notwithstanding anything contained in the foregoing provisions of this Article, the Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding four months, pending completion of the procedure prescribed in sub-Article (2) for the voting of such grant and the authentication of the Budget as passed by the Assembly in accordance with the provisions of sub-Article

(4) in relation to the expenditure.]⁹⁸

39. ⁹⁹[Special provisions regarding budget, etc.
]⁹⁹ (1) Where the Annual budget for any financial year cannot be passed by the Assembly by reason of its having been earlier dissolved, the ¹⁰⁰[Prime Minister]¹⁰⁰ shall cause to be prepared an Annual Budget for that year and, by his signature, authenticate the Budget.

(2) The Annual Budget for any financial year authenticated by the ¹⁰¹[Prime Minister]¹⁰¹ under sub-Article (1) shall, for the purpose of the Constitution, be deemed to have been passed by the Assembly.

40. Restriction on expenditure.
No expenditure shall be incurred by the Government except as authorized by the Annual or Supplementary Budget as passed or deemed to have been passed by the Assembly.

41. Power to make Ordinance.
(1) The President may, except when the Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.

(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of the Assembly and shall be subject to like restrictions as the power of the Assembly to make law, but every such Ordinance,-

(a) shall be laid before the Assembly and shall stand repealed at the expiration of four months from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

¹⁰²[Provided that the Assembly may by a resolution extend the Ordinance for a further period of four months and it shall stand repealed at the expiration of the extended period.]¹⁰²

(b) may be withdrawn at any time by the President.

(3) Without prejudice to the provisions of sub- Article (2), an Ordinance laid before the Assembly shall be deemed to be a Bill introduced in the Assembly

¹⁰³[(4) [Omitted]

¹⁰⁴[42. Supreme Court of Azad Jammu and Kashmir.
(1) There shall be constituted a Supreme Court of Azad Jammu and Kashmir to be the highest Court of appeal.

(2) Subject to the provisions of the Constitution, the Supreme Court of Azad Jammu and Kashmir shall have such jurisdiction as is or may be conferred on it by the Constitution or by or under any law.

¹⁰⁵[(3) The Supreme Court shall consist of a Chief Justice to be known as Chief Justice of Azad Jammu and Kashmir and two other Judges.]¹⁰⁵

(4) The Chief Justice of Azad Jammu and Kashmir shall be appointed by the President on the advice of ¹⁰⁶[the Chairman of]¹⁰⁶ the Council and each of the other Judges of the Supreme Court of Azad Jammu and Kashmir shall be appointed by the President on the advice of ¹⁰⁷[the Chairman of]¹⁰⁷ the Council after consultation with the said Chief Justice.

(5) A person shall not be appointed a Judge of the Supreme Court of Azad Jammu and Kashmir unless he has-

(a) for a period of, or for periods aggregating, not less than five years been a Judge of High court; or

(b) for a period of, or for periods aggregating, not less than fifteen years, been an advocate or pleader of a High Court.

Explanation.- in this sub-Article, ‘High Court’ includes-

(a) The High Court of Azad Jammu and Kashmir and a High Court or an equivalent Court that existed in Azad Jammu and Kashmir before the fourteenth day of August, 1947; and

(b) A High Court in Pakistan including a High Court that existed in Pakistan at any time before the fourteenth day of August, 1973.

(6) Before entering upon office, the Chief Justice of Azad Jammu and Kashmir shall make before the President and any other Judge of the Supreme Court of Azad Jammu and Kashmir shall make before the Chief Justice, oath in the form set out in the First Schedule.

(7) A Judge of the Supreme Court of Azad Jammu and Kashmir shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with law.

(8) At any time when the office of Chief Justice of Azad Jammu and Kashmir is vacant, or the Chief Justice, is absent or unable to perform the functions of his office due to any other cause, the President shall appoint the most senior of the other Judges of the Supreme Court of Azad Jammu and Kashmir to act as Chief Justice of Azad Jammu and Kashmir.

(8-A) If at any time it is not possible for want of quorum of judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Azad Jammu and Kashmir may, in writing,-

¹⁰⁸[(a) with the approval of the President, request a person who has held the office of a Judge of that Court, the Supreme Court of Pakistan or the Judicial Board or has held the office of Judge of the High Court for a minimum period of three years and since whose ceasing to hold that office three years have not elapsed; or

(b) with the approval of the President and, except in the case of Chief Justice, with the consent of the Chief Justice of High Court, require a Judge of that Court who has held office as such Judge for a minimum period of three years; or

(c) with the approval of the President, request any person qualified for appointment as Judge of the Supreme Court]¹⁰⁸; to attend sittings of the Supreme Court as an ad-hoc Judge for such period as may be necessary and while so attending an ad-hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.

(9) The remuneration and other terms and conditions of service of a Judge of the Supreme Court of Azad Jammu and Kashmir shall be as provided in the Fourth Schedule.

(10) Subject to the succeeding provision of this Article, the Supreme Court of Azad Jammu and Kashmir shall have jurisdiction to hear and determine appeals from judgments, decrees, final orders or sentences of the High Court of Azad Jammu and Kashmir.

(11) An appeal shall lie to the Supreme Court of Azad Jammu and Kashmir from any judgment, decree, final order or sentence of the High Court of Azad Jammu and Kashmir:-

(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced to death or to imprisonment for life; or, on revision, has enhanced a sentence to a sentence as aforesaid; or

(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid; or

(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or

(d) if the amount or value of the subject-matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of the Council and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or

(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below;

(f) if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.

(12) An appeal to the Supreme Court of Azad Jammu and Kashmir from a judgment, decree, order or sentence of the High Court in a case to which sub-Article (11) does not apply shall lie only if the supreme Court of Azad Jammu and Kashmir grants leave to appeal.]¹⁰⁴

¹⁰⁹[(13) (a) An appeal to the Supreme Court shall be heard by a Bench consisting of not less than two judges to be constituted or reconstituted by the Chief Justice;

(b) If the Judges hearing a petition or an appeal are divided in opinion, the opinion of majority shall prevail;

(c) If there is no such majority as aforesaid, the petition or appeal, as the case may be, shall be placed for hearing and disposal before another Judge to be nominated by the Chief Justice:

Provided that if there is no other Judge, or if no other Judge is able to hear the case, the judgment, decree, order or sentence appealed from shall be deemed to be the judgment, decree, order or sentence, as the case may be, of the Supreme Court:

Provided further that in case of difference of opinion as aforesaid, if the difference is only in respect of the nature, quantum or extent of the relief, liability, penalty or punishment to be granted or imposed, the decision of the Supreme Court shall be expressed in term of opinion of the senior of the two Judges.]¹⁰⁹

¹¹⁰[(14) The person holding office as Chief Justice of the State of Azad Jammu and Kashmir immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975, shall as from such commencement hold office as Chief Justice of Supreme Court under the Constitution on the same terms and conditions of service as were applicable to him immediately before such commencement.

(15) All legal proceeding pending in the Judicial Board, immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (First Amendment) Act, 1975, shall on such commencement, stand transferred to, and be deemed to be pending before the Supreme Court for determination and any judgment or order of the Judicial Board delivered or made before such commencement shall have the same force and effect as if it had been delivered or made by the Supreme Court.]¹¹⁰

¹¹¹[42-A. Issue and execution of processes of Supreme Court.
(1) The Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it including an order for the purpose of securing the attendance of any person or the discovery or production of any document.

(2) Any such direction order or decree shall be enforceable throughout Azad Jammu and Kashmir as if it has been issued by the High Court.

(3) All executive and judicial authorities throughout Azad Jammu and Kashmir shall act in aid of the Supreme Court.

(4) Subject to the Constitution and Law, the Supreme Court may, in consultation with the ¹¹²[Government]¹¹², make rules regulating the practice and procedure of the Court:

Provided that till the new rules are framed, the rules framed by the Judicial Board shall, so far as they are not inconsistent with the Constitution and any other law, be deemed to have been made by the Supreme Court until altered or amended and reference to the Judicial Board in these rules shall be construed to be referred to the Supreme Court.

42-B. Decisions of Supreme Court binding on other courts.
Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Azad Jammu and Kashmir.]¹¹¹

¹¹³[42-C. Seat of the Supreme Court.
(1) The seat of the Supreme Court shall be at Muzaffarabad.

(2) The Supreme Court may sit at such other place or places as the Chief Justice of Azad Jammu and Kashmir, with the approval of the President, may appoint.

42-D. Review of judgment or order by the Supreme Court.
The Supreme Court shall have powers, subject to the provisions of an Act of the Assembly ¹¹⁴[*]¹¹⁴ and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it.

42-E. Supreme Judicial Council.
(1) There shall be a Supreme Judicial Council of Azad Jammu and Kashmir.

(2) The Supreme Judicial Council shall consist of,-

(a) the Chief Justice of Azad Jammu and Kashmir who shall be its Chairman

(b) the Senior Judge of the Supreme Court; and

(c) the Chief Justice of the High Court.

(3) A Judge of the Supreme Court or of the High Court shall not be removed from office except as provided by this Article.

(4) If, on information received from the Supreme Judicial Council or from any other source, the Chairman of the Azad Jammu and Kashmir Council or the President is of the opinion that a Judge of the Supreme Court or of the High Court-

(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or

(b) may have been guilty of misconduct, the Chairman or the President, as the case may be, shall direct the Supreme Judicial Council to inquire into the matter.

(5) If, upon any matter inquired into by the Supreme Judicial Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Supreme Judicial Council shall be expressed in terms of the view of the majority.

(6) If, after inquiring into the matter, the Supreme Judicial Council reports to the Chairman of the Azad Jammu and Kashmir Council that it is of the opinion--

(a) that the judge is incapable of performing the duties of his office or has been guilty of misconduct; and

(b) that he should be removed from office, the Chairman shall advice the President to remove the Judge from his office and the President shall pass orders accordingly.

(7) The Supreme Judicial Council shall issue a Code of Conduct to be observed by Judges of the Supreme Court, and of the High Court.

(8) If at any time the Supreme Judicial Council is inquiring into the conduct of a Judge who is a member of the Supreme Judicial Council, or a member of the Supreme Judicial Council is absent or is unable to act due to illness or any other cause, then;

(a) if such member is the Chief Justice or Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority;

(b) if such member is the Chief Justice of High Court the senior most of the other Judges of the High Court, shall act as a member of the Supreme Judicial Council in his place.

(9) If, upon any matter inquired into by the Supreme Judicial Council, there is a difference of opinion amongst its members, the opinion of the Supreme Judicial Council shall be expressed in terms of the view of the majority.

42-F. Power of Supreme Judicial Council to enforce attendance of persons, etc.
(1) For the purpose of inquiring into any matter, the Supreme Judicial Council shall have the same powers as has the Supreme Court, to issue directions or orders for securing the attendance of any person or the discovery or production of any document and any such direction or order shall be enforceable as if it has been issued by the Supreme Court.

(2) The provisions of Article 45 shall apply to Supreme Judicial Council as they apply to the Supreme Court and the High Court.

42-G. Bar of jurisdiction.
The proceedings before the Supreme Judicial Council, and the removal of a Judge under Article 42-E shall not be called in question in any Court.]¹¹³

43. High Court.
(1) There shall be a High Court for Azad Jammu and Kashmir, hereinafter called the High Court, which shall consist of a Chief Justice and such number of other Judges as may be prescribed by an Act of the Assembly.

¹¹⁵[(1-A) (a) The functions of the High Court may be performed by a single Bench, a Division Bench or a Full Bench:

Provided that the Chief Justice may recall a case pending before a Bench and make it over to another Bench or constitute a larger Bench for the purpose;

(b) in case of difference of opinion in a Full Bench, the opinion of the majority shall prevail;

(c) in case of difference of opinion in a Division Bench, the matter shall be referred to a third Judge and the decision of the High Court shall be expressed in terms of Judgment of the majority.]¹¹⁵

¹¹⁶[(1-B) There shall be a Shariat Appellate Bench of the High Court as constituted by an Act of the Assembly consisting of Chief Justice of High Court, all the Muslim Judges of the High Court and an Aalim Judge, to perform such functions and exercise such jurisdiction as may be conferred upon it by an Act of the Assembly.

(1-C) The Aalim Judge shall be appointed by the President on the advice of the Prime Minister and after consultation with the Chief Justice of the Supreme Court and the Chief Justice of High Court, from amongst the persons having such qualification and experience and on such terms and conditions, as may be, prescribed by an Act of the Assembly.

(1-D) The Shariat Appellate Bench of the High Court, existing at the time of enforcement of this Amendment Act, 2018 shall be deemed to have been constituted under this Article.

(2) The person holding office as Chief Justice or other Judge of the High Court immediately before the commencement of the Constitution shall be deemed to be the Chief Justice or other Judge, as the case may be, appointed under the Constitution.]¹¹⁶

¹¹⁷[(2-A) A Judge of the High Court shall be appointed by the President on the advice of ¹¹⁸[the Chairman of]¹¹⁸ the Council and after consultation-

(a) with the Chief Justice of Azad Jammu and Kashmir; and

(b) except where the appointment is that of Chief Justice, with the Chief Justice of the High Court.

(3) ¹¹⁹[A person shall not be appointed]¹¹⁹ as a Judge of the High Court or Advocate General unless--

(a) he has for a period, or for periods aggregating, not less than ten years, been an Advocate or Pleader of the High Court of Azad Jammu and Kashmir or a High Court in Pakistan:

Provided that the term “High Court,” herein shall include a High Court or an equivalent Court that existed at any time before the 14th day of August, 1947; or

(b) he has for a period of not less than ten years held a judicial office out of which not less than three years shall have been as District and Sessions Judge.

(4) Before he enters upon his office, the Chief Justice of the High Court shall make before the President, and an other Judge of the High Court shall make before the Chief Justice, an oath in the form set out in the First Schedule.

(5) The Chief Justice or a Judge of the High Court shall hold office until he attains the age of sixty-two years unless he sooner resigns or is removed from office in accordance with law:

Provided that the President may appoint a retired Judge of any High Court of Pakistan to be the Chief Justice or a Judge of the High Court for a period not exceeding three years and such person shall hold office till he attains the age of sixty-five years.

(6) If at any time any Judge of the High Court is absent or is unable to perform his functions due to illness or some other cause, the President may appoint a person qualified for appointment as a Judge of the High Court to be an Additional Judge of the High Court for the period for which the Judge is absent or unable to perform his functions.

(7) A Judge of the High Court shall not,-

(a) hold any other office of profit in the Service of Azad Jammu and Kashmir if his remuneration is there by increased; or

(b) occupy any other position carrying the right to remuneration for the rendering of services, but this sub-Article shall not be construed as preventing a Judge from holding or managing private property.

(8) A person who has held office as a Judge of the High Court shall not hold any office of profit in the Service of Azad Jammu and Kashmir, not being a Judicial or Quasi-Judicial office or the office of Chief Election Commissioner or of Chairman or member of the Public Service Commission, before the expiration of two years after he ceased to hold that office.

(9) The remuneration and other terms and conditions of service of Judge of High Court shall be as provided in the ¹²⁰[Fifth Schedule.]¹²⁰

¹²¹[43-A. Acting Chief Justice.
At any time when:-

(a) the office of Chief Justice of High Court is vacant; or

(b) the Chief Justice of High Court is absent or is unable to perform the functions of his office due to any other cause, the President shall appoint the senior most of the other Judges of the High Court to act as Chief Justice.]¹²¹

44. Jurisdiction of High Court.
(1) The High Court shall have such jurisdiction as is conferred on it by the Constitution or by any other law.

(2) Subject to the Constitution, the High Court, ¹²²[may]¹²² if it is satisfied that no other adequate remedy is provided by law,-

(a) on the application of any aggrieved party, make an order,-

(i) directing a person performing functions in connection with the affairs of Azad Jammu and Kashmir or local authority to refrain from doing that which he is not permitted by law to do, or to do that which he is required by law to do; or

(ii) declaring that any act done or proceedings taken ¹²³[*]¹²³ by a person performing functions in connection with the affairs of the State or a local authority has been done or taken without lawful authority, and is of no legal effect; or

(b) on the application of any person, make an order,-

(i) directing that a person in custody in Azad Jammu and Kashmir be brought before the High Court so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

(ii) requiring a person ¹²⁴[*]¹²⁴ holding or purporting to hold a public office ¹²⁵[in connection with the affairs of Azad Jammu and Kashmir]¹²⁵ to show under what authority of law he claims to hold that office; or

(c) on the application of any aggrieved person, make an order giving such directions to the person or authority, including the Council and the Government, exercising any power or performing any function in, or in relation to, Azad Jammu and Kashmir as may be appropriate for the enforcement of any of the fundamental rights conferred by the Constitution.

(3) An order shall not be made under sub- Article (2) of this Article on application made by or in relation to a person in the Defence Service in respect of his terms and conditions of service, in respect of any matter arising out of his service or in respect of any action in relation to him as a member of the Defence Services.

(4) Where,-

(a) application is made to the High Court for an order under clause (a) or clause(c) of sub Article (2); and

(b) the court has reason to believe that the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or otherwise being harmful to the public interest, the Court shall not make an interim order unless the Advocate General has been given notice of the application and the Court, after the Advocate General or any officer authorized by him in this behalf has been given an opportunity of being heard, is satisfied that the making of the interim order would not have the effect referred to in clause (b) of this sub-Article.

(5) In this Article, unless the context otherwise requires, ‘person’ includes any body politic or corporate, any authority of or under control of the Council or the Government and any court or tribunal other than the Supreme Court of Azad Jammu and Kashmir, the High Court or a Court or Tribunal established under a law relating to the Defence Services.

¹²⁷[44-A. Rules of procedure.
Subject to the Constitution and law, the High Court may, in consultation with the Government, make rules regulating the practice and procedure of the Court or of any Court subordinate to it.

44-B. Decision of High Court binding on subordinate Court.
Subject to Article 42-B, any decision of the High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all courts subordinate to it.]¹²⁷

(2) The High Court may, from time to time, sit at such other places as the Chief Justice of the High Court, with the approval of the President, may appoint.]¹¹⁷

45. Contempt of Court.
(1) In this Article “Court” means the Supreme Court of Azad Jammu and Kashmir or the High Court.

(2) A Court shall have power to punish any person who,-

(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;

(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;

(c) does anything which tends to prejudice the determination of a matter pending before the Court; or

(d) does any other thing which, by law, constitutes contempt of the Court.

(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.

46. High Court to superintend and control all courts subordinate to it, etc.
(1) The High Court shall superintend and control all other courts that are subordinate to it.

(2) There shall, in addition to the Supreme Court of Azad Jammu and Kashmir and the High Court, be such other Courts as are established by law.

(3) A Court so established shall have such jurisdiction as conferred on it by law.

(4) No Court shall have any jurisdiction which is not conferred on it by the Constitution or by or under any other law.

¹²⁹[46-A. Advisory jurisdiction.
(1) If, at any time, the Chairman of the Council or the President desires to obtain the opinion of the Supreme Court of Azad Jammu and Kashmir on any question of law which he considers of public importance, he may refer the question to the Supreme Court of Azad Jammu and Kashmir for consideration.

(2) The Supreme Court of Azad Jammu and Kashmir shall consider a question so referred and report its opinion on the question to the Chairman of the Council or, as the case may be, the President.]¹²⁹

47. Administrative Courts and Tribunals.
(1) Notwithstanding anything hereinbefore contained, ¹³⁰[*]^{130 131}[the Assembly in respect of matters to which the executive authority of the Government extends,]¹³¹ may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of,-

(a) matters relating to the terms and conditions of persons who are or have been in the service of ¹³²[Azad Jammu and Kashmir]¹³² including disciplinary matters;

(b) matters relating to claims arising from tortious acts of ¹³³[*]¹³³ the Government or any person in the service of ¹³⁴[Azad Jammu and Kashmir]¹³⁴or of any local or other authority empowered by law to levy any tax or cess and any servant or such authority acting in the discharge of his duties as such servant; or

(c) matters relating to acquisition, administration and disposal of any property which is deemed to be enemy property under any law.

(2) Notwithstanding anything herein before contained, where any Administrative Court or Tribunal is established under sub-Article(1), no other Court shall grant an injunction, make any order or entertain any proceeding in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal shall abate on such establishment.

(3) An appeal to the Supreme Court of Azad Jammu and Kashmir from a judgment, decree, order or sentence of an Administrative Court or Tribunal shall lie only if the Supreme Court of Azad Jammu and Kashmir, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.

¹³⁵[47-A. Employees of Court.
The Supreme Court and the High Court, with the approval of the President, may make rules providing for the appointment of employees of the Court and for their terms and conditions of employment.]¹³⁵

¹³⁶[48. Public Service Commission.
(1) There shall be a Public Service Commission consisting of a Chairman and such number of members who shall be having such qualification as may be prescribed by an Act of the Assembly.

(2) The appointment of the Chairman Public Service Commission and members shall be made by the President on advice of the Prime Minister on such terms and conditions as may be prescribed by an Act of the Assembly:

Provided that in respect of appointment of Chairman, the Prime Minister, may solicit the opinion of Leader of Opposition in the Assembly before making advice to the President for such appointment.

(3) The Chairman and members of Public Service Commission appointed immediately before the commencement of this amending Act, 2018 shall be deemed to have been appointed under this Article subject to terms and conditions already determined and notified at the time of their appointment.]¹³⁶

49. The Services.
(1) Subject to the Constitution, the appointment of persons to and the terms and conditions of service of persons in, the Service of Azad Jammu and Kashmir may be regulated by law.

¹³⁷[(2) Until an Act of the Council in respect of persons in the service of Azad Jammu and Kashmir employed in connection with the affairs of the Council, or an Act of the Assembly in respect of such persons employed in connection with the affairs of the Government, makes provision for the matters referred to in sub-Article (1), all rules and orders in force immediately before the commencement of the Constitution, shall continue in force and may be, amended from time to time by the Council or, as the case may be, the Government.]¹³⁷

¹³⁸[50. Election Commission.
(1) There shall be an Election Commission for Azad Jammu and Kashmir, hereinafter referred to as “the Commission”.

(2) The Commission shall consist of the Chief Election Commissioner, who shall act as the Chairman and two Members.

(3) The Chief Election Commissioner, hereinafter referred to as the Commissioner, shall be appointed by the President on the advice of the Chairman of the Council.

(4) The Prime Minister after consultation with the Leader of Opposition in the Assembly shall finalize the nominees for the appointment as Commissioner.

(5) No person shall be appointed as the Commissioner unless he has been a Judge of the Supreme Court or High Court or has been a civil servant of BPS-21 and above, in the service of Azad Jammu and Kashmir.

(6) The members of the Commission possessing the qualification as mentioned for Commissioner in sub-Article (5) above, shall be appointed by the President on the advice of the Prime Minister.

(7) It shall be duty of the Commission to organize and conduct the election for the office of the President, the Assembly, the Council and local government bodies and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law.

(8) The Commission shall have such powers and perform such functions as are conferred on it under the Constitution and Act of the Assembly.

(9) At any time when the office of Commissioner is vacant or the Commissioner is absent or unable to perform the functions of his office due to any cause, the senior member of Commission duly designated at the time of appointment shall act as Commissioner for a period not exceeding six months.

(10) Before entering upon office, the Commissioner shall make oath before the Chief Justice of Azad Jammu and Kashmir and the members before the Commissioner in the form set out in the First Schedule.

(11) Subject to this Article, the Commissioner and each member, as the case may be, shall hold office for a term of five years from the day he enters upon his office:

Provided that the Chief Election Commissioner appointed before the commencement of the Azad Jammu and Kashmir Interim Constitution (Thirteenth Amendment) Act, 2018 shall be deemed to have been appointed under this Article for remaining period of his term.

(12) The Commissioner and members shall not be removed from their office except in the manner prescribed in Article 42-E.

(13) The Commissioner or the member may, by writing under his hand addressed to the President, resign from his office.

(14) The terms and conditions, other than mentioned hereinabove, for the office of the Commissioner and member shall be such as may be prescribed by an Act of Assembly.

(15) The Commissioner or a member shall not,-

(a) hold any other office of profit in the Service of Azad Jammu and Kashmir or Pakistan; or

(b) occupy any other position carrying the right to remuneration for the rendering of such services.

(16) A person who has held office as Commissioner or the member shall not hold any office of profit in the Service of Azad Jammu and Kashmir or Pakistan before the expiration of two years after he has ceased to hold that office.

(17) The Commission shall perform such functions as may be determined by Act of Assembly.

(18) It shall be the duty of all executive authorities in the state to assist the Commission in the discharge of its functions.

(19) Until Assembly by law otherwise provides, the Commission may, on the advice of the Prime Minister and with the approval of the President, make rules providing for the appointment of officers and servants to be employed in connection with the functions of the Commission and for their terms and conditions of employment.]¹³⁸

¹³⁹[50-A. Auditor General.
(1) There shall be an Auditor-General of Azad Jammu and Kashmir who shall be appointed by the President on the advice of the ¹⁴⁰[Chairman of the Council]¹⁴⁰.

(2) Before entering upon office, the Auditor General shall make before the Chief Justice of Azad Jammu and Kashmir oath in the form set out in the First Schedule.

(3) The terms and conditions of service, including the terms of office, of the Auditor General shall be determined by Act of the council and, until so determined, by rules made by the Council.

(4) The Auditor-General shall, in relation to-

(a) the accounts of the Council and any authority or body established by the council; and

(b) the accounts of the Government and any authority or body established by the Government; perform such functions and exercise such powers as may be determined, by or under Act of the Council and, until so determined, by rules made by the Council.

(5) The accounts of the Council and of the Government shall be kept in such form and in accordance with such principles and methods as may be determined by the Auditor General with the approval of the Council.

(6) The reports of the Auditor-General relating to the accounts of the Council shall be submitted to the Chairman of the Council, who shall cause them to be laid before the Council; and the reports of the Auditor-General relating to the accounts of the Government shall be submitted to the President who shall cause them to be laid before the Assembly.]¹³⁹

51. Continuance of existing laws.
¹⁴¹[(1)]¹⁴¹ Subject to the provisions of the Constitution, all laws which, immediately before the commencement of the Constitution, were in force in Azad Jammu and Kashmir shall continue in force until altered, repealed or amended by an Act of the appropriate authority.

¹⁴²[Explanation.- In this Article.-

(a) ‘laws’, includes Ordinance, Orders, rules, bye-laws, regulations and any notification and other legal instruments having the force of law; and

(b) ‘in force’, in relation to any law, means having effect as law whether or not the law has been brought into operation.]¹⁴²

¹⁴³[(2) Subject to the Constitution, all laws of Azad Jammu and Kashmir which, from time to time, made by the Azad Jammu and Kashmir Council and in force immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (Thirteenth Amendment) Act, 2018, shall continue to be in force until amended or altered or repealed by the Act of the Assembly or by the order, notification etc., of the Government of Pakistan or, as the case may be, by the Azad Government of the State of Jammu and Kashmir:

Provided that the reference of Azad Jammu and Kashmir Council made in the existing laws, on the commencement of the Azad Jammu and Kashmir Interim Constitution (Thirteenth Amendment) Act, 2018, shall, as far as practicable, be construed and referred to as the Assembly, or as the case may be, Government of Pakistan or the Azad Government of the State of Jammu and Kashmir.]¹⁴³

¹⁴⁴[51-A. Transfer of employees, assets and liabilities.
(1) On the commencement of the Azad Jammu and Kashmir Interim Constitution (Thirteenth Amendment) Act, 2018, all moveable and immovable properties and assets, moneys or funds received by and deposited in the Azad Jammu and Kashmir Council Consolidated Fund or made part of Public Finance, all savings or fixed deposits of the Council in all bank accounts and also such liabilities which were incurred under any law, shall immediately be transferred or invested with Azad Jammu and Kashmir Consolidated Fund or, as the case may be, to the Government.

(2) All existing employees in the service of Azad Jammu and Kashmir Council who immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (Thirteenth Amendment) Act, 2018 were serving on regular basis under superintendence and control of Azad Jammu and Kashmir Council for any department, secretariat or any statutory body or institution or organizations duly constituted or setup under any law or through its executive authority shall stand transferred or shifted to the Government forthwith on commencement of this amending Act, 2018.

(3) The rights of the persons under existing laws of Azad Jammu and Kashmir who were, immediately before the commencement of the Azad Jammu and Kashmir Interim Constitution (Thirteenth Amendment) Act, 2018, serving under the Azad Jammu and Kashmir Council shall be protected and officers and servants on deputation from the Federal Government or any province shall be entitled for repatriation to their parent organizations.

(4) The persons serving on contractual or temporary basis shall not be entitled to claim any right to continue their employment and they shall be dealt in accordance with prevailing service rules of Azad Jammu and Kashmir and terms of their appointments.

(5) Subject to Article 51, the perks, privileges and allowances to the elected members of the Council and also salary, allowances and pensionary benefits of the employees of the Council in the Service of Azad Jammu and Kashmir, as admissible to them under the law, shall be borne by the Government, for which budgetary requirements shall be made out of the Azad Jammu and Kashmir Consolidated Fund.]¹⁴⁴

52. General provision regarding President and Ministers.
(1) ¹⁴⁵[The President, the Prime Minister, a Minister or an Advisor shall not,-]¹⁴⁵

(a) hold any other office of profit in the service of Azad Jammu and Kashmir or any other country; or

(b) occupy any other position carrying the right to remuneration for the rendering of service, but this Article shall not be construed as preventing the President, the ¹⁴⁶[Prime Minister, a Minister or an Advisor]¹⁴⁶ from holding or managing his private property.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President ¹⁴⁷[or the Chairman of the Council]¹⁴⁷ while he is in office.

(3) No civil proceedings in which relief is claimed against the President ¹⁴⁸[or the Chairman of the Council]¹⁴⁸ shall be instituted while he is in office in respect of anything done or not done, or purporting to have been done or not done, by him in his personal capacity, whether before or after he enters upon his office, unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him, stating the nature of the proceeding, the cause of the action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which he claims.

(4) Except in relation to proceedings referred to in sub-Article (3), no process whatsoever shall be issued from any Court or Tribunal against the President ¹⁴⁹[or the Chairman of the Council]¹⁴⁹ whether in a personal capacity or otherwise, while he is in office.

(5) Subject to the Constitution, ¹⁵⁰[the President, the Prime Minister, the Chairman of the Council, the Federal Minister who is a member of the Council, a Minister or an Advisor shall not]¹⁵⁰ except in respect of anything done or not done by him in contravention of law, be answerable to any Court or Tribunal for the exercise of the powers, or the performance of the duties, of his office or for any act done or purporting to be done by him in the exercise of those powers or in the performance of those duties:

Provided that nothing in this Sub-Article shall be construed as restricting the right of any person to bring appropriate proceedings against the ¹⁵¹[Council or as the case may be]¹⁵¹, the Government.]¹⁰³

¹⁵²[52-A. Power to acquire property and to make contracts, etc.
(1) The executive authority of the Government shall extend, subject to an Act of the Assembly, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of the Government and to the making of contracts.

(2) All property acquired for the purpose of the Government shall vest in the President.

(3) All contracts made in the exercise of the executive authority of the Government shall be expressed to be made in the name of the President and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the President by such persons and in such manner as the President may direct or authorize.

(4) The President shall not be personally liable in respect of any contract or assurance made or executed in the exercise of the executive authority of the Government and no person making or executing any such contract or assurance on his behalf shall be personally liable in respect thereof.

(5) Transfer of land or property by the Government shall be regulated by law.]¹⁵²

¹⁵³[52-B. Ownerless property.
Any property which has no rightful owner, if located within Azad Jammu and Kashmir, shall vest in the Government.]¹⁵³

¹⁵⁴[52-C. Natural Resource endowment.
(1) The natural resource of Azad Jammu and Kashmir which having a potential of economic value and providing for the sustenance of life for future generations shall be preserved and regulated by an Act of the Assembly.

(2) Without prejudice to sub-Article (1), the natural resource of Azad Jammu and Kashmir may be utilized under the law, in the economic and efficient manner, by the Government and also may be authorized under an Act of Assembly to utilize any resource of the State by any person, entity or authority of Pakistan in consideration of valuable economic benefits for the public interest such as net-hydel profit or royalty or any other acceptable form or benefit but without affecting the pristine environmental value of the inherent endowment of the State.]¹⁵⁴

53. Power to issue proclamation.
(1) ¹⁵⁵[The President, if so advised by the Chairman of the Council]¹⁵⁵ a grave emergency exists in which the security of Azad Jammu and Kashmir is threatened by war or external aggression or by internal disturbances, the President ¹⁵⁷[shall]¹⁵⁷ issue a Proclamation of emergency, hereinafter referred to as the Proclamation.

¹⁵⁸[(2) A Proclamation shall be laid before ¹⁵⁹[the Assembly]¹⁵⁹ which shall be summoned by the President to meet within thirty days of the Proclamation being issued and,-

(a) shall, cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and

(b) shall, subject to the provisions of clause

(a), cease to be in force upon a resolution disapproving the resolution being passed by the votes of the majority of the total membership of the joint sitting.

(2-A) Notwithstanding anything contained in sub-Article (2), if the Assembly stands dissolved at the time when the Proclamation is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period ¹⁶⁰[*]¹⁶⁰.

(3) A Proclamation may be made before the actual occurrence of war or external aggression if the President is satisfied that there is imminent danger thereof.

54. Power to suspend fundamental rights.
(1) While a Proclamation is in operation, the President may, by order, declare that rights to move any Court for the enforcement of such of the rights conferred by Article 4 as may be specified in the order, and all proceedings pending in any Court for the enforcement of the rights so specified, shall remain suspended for the period during which the Proclamation is in force:

¹⁶²[Provided that the Assembly shall, in no case be dissolved on account of issuance or pendency of the Proclamation under the Constitution.]¹⁶²

(2) Every order made under Sub-Article (1), shall, as soon as may be, laid before the Assembly.

55. Power to vary or rescind proclamation.
(1) A Proclamation issued under Article 53 may be varied or revoked by a subsequent Proclamation.

(2) The validity of any Proclamation issued or order made under Article 53 or Article 54 shall not be questioned in any Court.

56. Act not to derogate from responsibilities of Pakistan.
Nothing in the Constitution shall derogate from the responsibilities of the Government of Pakistan in relation to the ¹⁶³[matters specified in sub-Article (3) of Article31]¹⁶³ or prevent the Government of Pakistan from taking such action as it may consider necessary or expedient for the effective discharge of those responsibilities.

¹⁶⁴[56-A. Failure to comply with requirement as to time does not render an act invalid.
When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.

56-B. Oath of office.
(1) An oath required to be made by person under the Constitution shall be made in a language that is understood by that person.

(2) Where, under the Constitution, an oath is required to be made before a specified person and for any reason, it is impracticable for the oath to be made before that person, it may be made before such other person as may be nominated by that person.

(3) Where, under the Constitution, a person is required to make an oath before he enters upon an office, he shall be deemed to have entered upon the office on the day on which he makes the oath.

56-C. Effect of repeal of laws.
Where a law is repealed, or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the Constitution,-

(a) revive anything not in force or existing at the time at which the repeal takes effect;

(b) affect the previous operation of the law or anything duly done or suffered under the law;

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed.]¹⁶⁴

57. The Constitution to over-ride other laws, etc.
(1) The provisions of the Constitution shall over-ride and have effect notwithstanding the provisions of any law for the time being in force.

(2) No Court, including the ¹⁶⁵[Supreme Court of Azad Jammu and Kashmir]¹⁶⁵ and the High Court, shall call into question or permit to be called into question, the validity of the Constitution ¹⁶⁶[or an Act to amend it.]¹⁶⁶

58. Power to make rules.
The President may ¹⁶⁷[on the advice of Prime Minister,]¹⁶⁷ make rules for carrying out the purpose of the Constitution.

59. Repeal and saving.
(1) The Azad Jammu and Kashmir Government Act, 1970, hereinafter referred to as the said Act, together with the Acts amending it, and the rules made there-under are hereby repealed.

4[(2) Omitted]

FIRST SCHEDULE
OATH OF OFFICE OF PRESIDENT

[See Article 5 (6)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, --------------------------------, do solemnly swear that I am a Muslim and believe in the Unity and Oneness of Almighty Allah, His Angels, the Books of Allah, the Holy Quran being the last of them, his Prophets, the absolute finality of the Prophet hood of Muhammad (Peace be upon him), the day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah;

That, as President of Azad Jammu and Kashmir, I will remain loyal to the country and to the cause of accession of the State of Jammu and Kashmir to Pakistan;

That I will perform my functions as President honestly and faithfully; and

That I will not directly or indirectly communicate or reveal to any person any official secret which may come to my knowledge as President;

So Help me Allah.

PRIME MINISTER

(See Article13 (4)

[In the name of Allah, the most Beneficent, the most Merciful]

I, -------------------------------, do solemnly swear that I am a Muslim and believe in the Unity and Oneness of Almighty Allah, His Angels, the Books of Allah, the Holy Quran being the last of them, his Prophets, the absolute finality of the Prophet hood of Muhammad (peace be upon him), the day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah;

That I will remain loyal to the country and the cause of accession of the State of Jammu and Kashmir to Pakistan;

That I will perform my functions as Prime Minister honestly and faithfully; and

That I will not directly or indirectly communicate or reveal to any person any official secret which may come to my knowledge as Prime Minister of Azad Jammu and Kashmir;

So Help me Allah.

MINISTER

[See Article 14 (2)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, --------------------------------, do hereby solemnly swear in the name of Allah;

That I will remain loyal to the country and the cause of accession of the State of Jammu and Kashmir to Pakistan;

That I will perform my functions as Minister honestly and faithfully; and

That I will not directly or indirectly communicate or reveal to any person any official secret which may come to my knowledge as Minister;

So Help me Allah.

SPEAKER ¹⁶⁹[OR DEPUTY SPEAKER]¹⁶⁹ OF LEGISLATIVE

ASSEMBLY

[See Article 29 (2)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, --------------------------------, having been elected as Speaker ¹⁷⁰[or Deputy Speaker]¹⁷⁰ of Azad Jammu and Kashmir Legislative Assembly do hereby solemnly swear in the name of Allah;

That, I will remain loyal to the country and the cause of accession of the State of Jammu and Kashmir to Pakistan;

That I will perform my functions as Speaker ¹⁷¹[or Deputy Speaker]¹⁷¹ of Legislative Assembly honestly and faithfully; and

That I will not directly or indirectly communicate or reveal to any person any official secret which may come to my knowledge as Speaker ¹⁷²[or Deputy Speaker]¹⁷² of Legislative Assembly;

So Help me Allah.

MEMBER OF LEGISLATIVE ASSEMBLY OR COUNCIL

[See Article 21 (6) and 23 (1)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, --------------------------------, having been elected as Member of Azad Jammu and Kashmir Legislative Assembly(or Council) do hereby solemnly swear in the name of Allah;

That, I will remain loyal to the country and the cause of accession of the State of Jammu and Kashmir to Pakistan;

That I will perform my functions as Member of Legislative Assembly (or Council) honestly and faithfully; and

That I will not directly or indirectly communicate or reveal to any person any official secret which may come to my knowledge as Member of Legislative Assembly(or Council);

So Help me Allah.

CHIEF JUSTICE OF AZAD JAMMU AND KASHMIR,

JUDGE OF SUPREME COURT OF AZAD JAMMU AND

KASHMIR

[See Article 42 (6)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, ----------------------------, having been appointed Chief Justice of Azad Jammu and Kashmir (or Judge of the Supreme Court of Azad Jammu and Kashmir) do solemnly swear that I owe allegiance to Allah and that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment and will administer justice according to the law in force in Azad Jammu and Kashmir, without fear or favour, affection or ill-will.]¹⁵⁸

OATH OF CHIEF JUSTICE/JUDGE HIGH COURT

[See Article 43 (4)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, ----------------------------, having been appointed Chief Justice (or Judge) of the High Court of Judicature, Azad Jammu and Kashmir State do solemnly swear that I owe allegiance to Allah and that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment and will administer justice according to the law in force in Azad Jammu and Kashmir, without fear or favour, affection or ill-will.

OATH OF ADVISOR ¹⁷⁴[OMITTED]¹⁷⁴

AUDITOR-GENERAL

[See Article 50-A (2)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, --------------------------------, do hereby solemnly swear in the name of Allah;

That, as Auditor-General of Azad Jammu and Kashmir, I will perform my functions honestly, faithfully in accordance with the Azad Jammu and Kashmir Interim Constitution, 1974, and the law and to the best of my knowledge, ability and judgment, without fear or favour, affection or ill-will.]⁶⁰

“CHIEF ELECTION COMMISSIONER OR

A MEMBER OF THE ELECTION

COMMISSION

[See Article 50 (10)]

[In the name of Allah, the most Beneficent, the most Merciful]

I, —, do solemnly swear that as Chief Election Commissioner or member of the Election Commission, I shall discharge my duties, and perform my functions honestly, to the best of my ability, faithfully in accordance with the Azad Jammu and Kashmir Interim Constitution, 1974 and the law, and without fear or favor, affection or ill will, and that I shall not allow my personal interest to influence my official conduct or my official decisions.

May Allah Almighty help and guide me (A'meen).]

SECOND SCHEDULE

[See Article 24 (2) (d)]

1. An office, which is not a whole time office remunerated either by salary or by fee.

2. The office of Lamberdar, Inamdar, Sufedposh and Zaildar, whether called by this or any other title.

3. The offices of the Chairman of the Union Council, Union Committee and Town Committee and of the Vice Chairman of the Municipal Committee and District Council.

4. Reserve of the Armed Forces.

5. Any other office which is declared by an Act of the Assembly not to disqualify its holder from being elected as, or from being a member of the Assembly.

¹⁷⁷[THIRD SCHEDULE

[See Article 31 (3) and (4)]

‘PART-A’

1. The responsibilities of the Government of Pakistan under the UNCIP Resolutions.

2. Defense and security of Azad Jammu and Kashmir.

3. The current coin or the issue of bills, notes or other paper currency.

4. The External affairs of Azad Jammu and Kashmir including foreign trade and foreign aid.

5. Post and Telegraphs, including Telephones, Wireless, Broad- Casting and other like forms of communications; post office saving Bank.

6. Nuclear energy, including,-

(a) mineral resources necessary for the generation of nuclear energy;

(b) the production of nuclear fuels and the generation and use of nuclear energy; and

(c) ionizing radiations.

7. Aircraft and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes.

8. Beacons and other provisions for safety of aircraft.

9. Carriage of passengers and goods by air.

10. Copyright, inventions, designs, trademarks and merchandise marks.

11. Opium so far as regards sale for export.

12. State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by Azad Jammu and Kashmir and carrying on business only within the Azad Jammu and Kashmir.

13. The law of insurance, except as respects insurance undertaken by Azad Jammu and Kashmir and the regulation of the conduct of insurance business, except as respects business undertaken by Azad Jammu and Kashmir.

14. Stock exchanges and future markets with objects and business not confined to Azad Jammu and Kashmir.

15. Corporations, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by Azad Jammu and Kashmir or cooperative societies, and of corporations, whether trading or not, with objects not confined to Azad Jammu and Kashmir, but not including universities.

16. Planning for economic coordination including planning and coordination of scientific and technological research.

17. Highways, continuing beyond the territory of Azad Jammu and Kashmir and also roads declared by the Government of Pakistan to be of strategic importance.

18. External affairs; the implementing of treaties and agreements, including educational and cultural pacts and agreements, with other countries; extradition, including the surrender of criminals and accused persons to Governments outside Pakistan.

19. Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.

20. Administrative Courts and Tribunals for subjects under this Part.

21. Libraries, museums, and similar institutions controlled or financed by the Government of Pakistan.

22. Government of Pakistan agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

23. Education as respects Azad Jammu and Kashmir students in foreign countries and foreign students in Azad Jammu and Kashmir.

24. Import and export across customs frontiers as defined by the Government of Pakistan.

25. International treaties, conventions, agreements and International arbitration.

26. Surveys including geological surveys and meteorological organizations.

27. Establishment of standards of weights and measures.

28. Duties of customs, including export duties.

29. Taxes on corporations.

30. Offences against laws with respect to any of the matters in this Part.

31. Inquiries and statistics for the purposes of any of the matters in this Part.

32. Matters incidental or ancillary to any matter enumerated in this Part.

‘PART-B’

1. Railways.

2. Mineral oil and natural gas; liquids and substances declared by Government of Pakistan to be dangerously inflammable.

3. National planning and national economic coordination, including planning and coordination of scientific and technological research.

4. Supervision and management of public debt.

5. Boilers.

6. Census.

7. State Property until transfer to the Government of AJK.

8. Electricity except the power generation planned and made by Government of AJK.

9. Terminal taxes on goods or passengers carried by railway or air, taxes on their fares and freights.

10. Extension of the powers and jurisdiction of members of a police force belonging to Azad Jammu and Kashmir, or any Province of Pakistan to any area in such province or the Azad Jammu and Kashmir but not so as to enable the police of Azad Jammu and Kashmir or such province to exercise power and jurisdiction in such province or Azad Jammu and Kashmir and without the consent of the Government of that province or the Azad Jammu and Kashmir.

11. Measures to combat certain offences committed in connection with matters concerning the subjects included in this list.

12. Removal of prisoners and accused persons from Azad Jammu and Kashmir to Pakistan or from Pakistan to Azad Jammu and Kashmir.

13. Prevention of the extension from Azad Jammu and Kashmir to Pakistan or from Pakistan to Azad Jammu and Kashmir of infections of contagious diseases or pests affecting men; animals or plants.

14. Curriculum, syllabus, planning, policy, centers of excellence and standards of education.

15. Medical and other professions excluding legal profession.

16. Standards in institutions for higher education and research, scientific and technical institutions.

17. Matters concerning coordination between Azad Jammu and Kashmir and other Provinces of Pakistan.

18. The salaries, allowance and privileges of the members and including salaries and pension payable to employees of the Council.

19. Jurisdiction and powers of all courts with respect to any of the matters enumerated in this list.

20. Offences against laws with respect to any of the matters in this Part.

21. Inquiries and statistics for the purposes of any of the matters in this Part.

22. Matters incidental or ancillary to any matter enumerated in this Part.]¹⁷⁷

¹⁷⁸[FOURTH SCHEDULE

[See Article 42 (9)]

The Chief Justice and Judges of the Supreme Court of Azad Jammu and Kashmir shall be entitled to the same salary, Allowances, Privileges and pension as are admissible to the Chief Justice and the Judges of the Supreme Court of Pakistan.]¹⁷⁸

¹⁷⁹[FIFTH SCHEDULE

[See Article 43 (9)]

The Chief Justice and the Judges of the High Court of Azad Jammu and Kashmir shall be entitled to the same salary, Allowances, Privileges and pension as are admissible to the Chief Justice and Judges of the High Court in Pakistan.]¹⁷⁹