Understanding the Institutions of Pakistan and Azad Jammu & Kashmir
The governance of any nation relies on the institutions that uphold law, order, justice, and development. In Pakistan and Azad Jammu & Kashmir (AJK), a structured network of federal, provincial, and regional institutions ensures the protection of citizens’ rights, the delivery of essential services, and the promotion of social, economic, and political development.
These institutions are rooted in the Constitution of Pakistan, 1973, and the AJK Interim Constitution Act, 1974, which collectively define the powers, responsibilities, and functions of government bodies. They are responsible for upholding democracy, safeguarding fundamental human rights, providing public services, and maintaining national integrity and security.
Understanding these institutions is essential for citizens, researchers, and stakeholders alike, as they form the foundation of governance, policymaking, and accountability in both Pakistan and AJK. By exploring these institutions, one can gain insight into how laws are implemented, how rights are protected, and how developmental goals are achieved in alignment with constitutional principles.
Institutions of Pakistan – Structure, Responsibilities & Constitutional Amendments
Introduction
Pakistan is governed under the Constitution of 1973, which serves as the supreme law of the land and lays down the framework for the organization of the state, the powers of its institutions, and their responsibilities toward the people. The Constitution declares Pakistan to be a Federal Parliamentary Republic, where sovereignty ultimately belongs to Almighty Allah, but authority is exercised by the chosen representatives of the people. It establishes a system based on the separation of powers, ensuring a balance between the legislature, the executive, and the judiciary, while also providing for independent oversight institutions that safeguard accountability and transparency in governance. This structure is designed to prevent the concentration of power in any single organ of the state and to uphold democracy, justice, and equality for all citizens.
Since its adoption, the Constitution has been amended numerous times to meet political, social, and economic challenges, and to strengthen the democratic system. Among these, the 18th Amendment of 2010 is regarded as a landmark reform that restored the parliamentary character of the Constitution, reduced the discretionary powers of the President, and transferred greater authority to the provinces by abolishing the Concurrent Legislative List. These changes enhanced provincial autonomy and reflected Pakistan’s commitment to federalism and participatory governance.
At the same time, the Constitution of 1973 outlines the fundamental responsibilities of the state, which include the protection of citizens’ rights, the provision of education, healthcare, housing, and social security, the safeguarding of minority rights, the promotion of women’s participation in national life, and the guarantee of justice and equality before the law. It also entrusts the state with maintaining law and order, defending the country’s sovereignty, and managing foreign relations. In this way, the Constitution not only serves as a legal document but also represents the aspirations of the people of Pakistan, guiding the nation toward the ideals of democracy, welfare, and justice.
Legislature of Pakistan
The Parliament of Pakistan is bicameral and represents the people and provinces.
- National Assembly (Lower House): Members are directly elected based on population. It initiates money bills and holds the government accountable.
- Senate (Upper House): Represents all provinces equally, ensuring balance in legislation.
- Provincial Assemblies: Each province has its own elected assembly for local legislation.
Amendments:
- 18th Amendment (2010): One of the most important reforms, which enhanced provincial autonomy by abolishing the Concurrent Legislative List and giving more powers to provinces in areas like education, health, and environment.
Executive of Pakistan
- President: Head of State, mostly ceremonial after constitutional reforms.
- Prime Minister: Head of Government, exercises executive authority with the Cabinet.
- Governors & Chief Ministers: Represent the executive at the provincial level.
Amendments:
- 8th Amendment (1985): Empowered the President with Article 58(2)(b), giving authority to dissolve assemblies.
- 13th Amendment (1997): Removed the President’s power to dissolve assemblies.
- 17th Amendment (2003): Restored some presidential powers under General Musharraf.
- 18th Amendment (2010): Made the Prime Minister the true executive head again, restoring the parliamentary system.
Judiciary of Pakistan
- Supreme Court of Pakistan: Highest court, guardian of the Constitution.
- High Courts: One in each province and Islamabad.
- Federal Shariat Court: Reviews laws to ensure they comply with Islamic injunctions.
- District Courts: Handle civil and criminal cases.
Amendments:
- 19th Amendment (2011): Changed the process of judicial appointments by involving a Judicial Commission and Parliamentary Committee, balancing independence and accountability.
Armed Forces of Pakistan
- Consist of the Army, Navy, and Air Force.
- Responsible for defense of Pakistan, protecting borders, and assisting in natural disasters.
- Constitutionally under the authority of the Prime Minister as the civilian head.
Election Commission of Pakistan (ECP)
- Conducts elections for National Assembly, Senate, Provincial Assemblies, and Local Governments.
- Ensures free, fair, and transparent elections.
Amendments:
- 18th Amendment: Made the Election Commission more independent by requiring consensus between the Prime Minister and Leader of the Opposition for appointments.
Accountability & Oversight Institutions
- Auditor General of Pakistan – Ensures financial accountability.
- Federal Ombudsman (Wafaqi Mohtasib) – Protects citizens against maladministration.
- State Bank of Pakistan – Regulates monetary policy and economy.
- National Accountability Bureau (NAB) – Handles corruption cases.
Responsibilities of the State
As per Constitution (Articles 29–40, Principles of Policy):
- Ensure justice, equality, and rule of law.
- Provide free and compulsory education, healthcare, and social security.
- Safeguard rights of minorities and promote women’s participation.
- Protect environment and ensure social justice.
- Guarantee freedom of speech, religion, and cultural rights.
Fundamental Rights in Pakistan
The Constitution of Pakistan, 1973, stands as the supreme law of the land and provides a comprehensive framework for governance, institutional functioning, and the protection of citizens’ rights. Central to this framework is the guarantee of fundamental human rights, which serve as the cornerstone of the country’s legal, social, and political order. These rights are enshrined in Part II, Chapter 1 (Articles 8–28) of the Constitution and reflect Pakistan’s commitment to promoting human dignity, equality, liberty, and justice for all its citizens.
Fundamental rights in Pakistan are not mere declaratory statements; they are legally enforceable protections that obligate the state to uphold and safeguard the freedoms of individuals. Any law, executive action, or policy that violates these rights can be challenged in the courts and declared unconstitutional. This legal enforceability ensures that the rights of citizens are protected against arbitrary or discriminatory actions by the state or other actors, thereby reinforcing the principle of rule of law as a fundamental aspect of governance.
The Constitution recognizes that the protection of human rights is essential for the development of a just and equitable society. It provides citizens with a broad spectrum of rights, including the right to equality, protection of life and personal liberty, freedom of speech and expression, freedom of religion, political and social participation, and socio-economic entitlements such as education and access to public services. These provisions aim not only to protect individual freedoms but also to promote social cohesion, inclusiveness, and equal opportunities for all segments of society.
Moreover, the Constitution ensures that fundamental rights are universal and non-discriminatory, extending to every citizen regardless of religion, gender, ethnicity, or social status. This inclusive approach reflects Pakistan’s dedication to building a society where justice, liberty, and human dignity are respected and upheld. Over time, judicial interpretations and legislative measures have reinforced these rights, enhancing their practical application and ensuring that the principles of human rights are consistently aligned with the evolving needs of society.
In essence, the guarantee of fundamental rights in Pakistan embodies the vision of a democratic state that is committed to the protection of its citizens, the promotion of social justice, and the upholding of human dignity, thereby forming an integral part of the nation’s institutional framework and its democratic ethos.
- Right to Equality (Articles 25–28)
- Equality before law (Article 25): All citizens are equal before the law and are entitled to equal protection of the law.
- No discrimination (Article 25(2)): Discrimination based on sex, religion, caste, or place of birth is prohibited.
- Special provisions for women and children (Article 25A): The state must ensure free and compulsory education for children aged 5–16 years.
- Safeguards against discrimination in services (Article 27): Citizens cannot be discriminated against in employment, except as required by law for affirmative action.
- Right to Life and Personal Liberty (Articles 9–14)
- Right to life and liberty (Article 9): No person shall be deprived of life or liberty except according to law.
- Protection against slavery and forced labor (Article 11): Slavery, forced labor, and trafficking are prohibited.
- Protection of property (Article 23): Citizens have the right to acquire, hold, and dispose of property.
- Safeguards against arbitrary arrest (Articles 10–14):
- Habeas corpus: No one can be detained without lawful justification.
- Right to a fair trial and legal representation.
- Protection against retrospective criminal laws.
- Freedom of Religion and Belief (Articles 20–22)
- Every citizen has the right to profess, practice, and propagate religion (Article 20).
- Religious education can be imparted according to one’s faith.
- Religious minorities are protected, and forced conversions are prohibited.
- Freedom of Speech, Expression, and Assembly (Articles 19–19C, 17–18)
- Freedom of speech (Article 19): Citizens can express opinions freely, subject to “reasonable restrictions” for security, morality, or public order.
- Freedom of press (Article 19A): Citizens have the right to information from public bodies.
- Freedom of assembly (Article 16–17): Peaceful assembly and association are allowed, including forming trade unions and political organizations.
- Political Rights (Articles 17, 22–23)
- Citizens have the right to vote and participate in the political process.
- They can contest elections and form political parties.
- Representation of minorities is protected in legislative bodies.
- Economic and Social Rights (Articles 18–22)
- Freedom of trade, business, and profession (Article 18).
- Right to education (Article 25A).
- Equal access to opportunities in public services and employment.
- Protection of Minorities and Marginalized Groups
- The Constitution ensures representation of minorities in the National and Provincial Assemblies.
- Discrimination based on religion, caste, or gender is prohibited.
- Special initiatives for women, children, and disadvantaged groups are constitutionally supported.
- Limitations and Safeguards
- Fundamental rights are not absolute; they can be restricted for public interest, national security, or public morality.
- Courts have the power to review executive and legislative actions to ensure compliance with constitutional rights.
- Important Constitutional Amendments Related to Fundamental Rights
- 8th Amendment (1985): Introduced during Zia-ul-Haq’s regime, it affected the balance of power between the President and Parliament.
- 18th Amendment (2010): Strengthened provincial autonomy and reinforced rights of citizens by expanding the scope of fundamental rights.
- 21st Amendment (2015): Strengthened anti-terrorism measures while ensuring legal safeguards.
Institutions of Azad Jammu & Kashmir (AJK) – Structure, Responsibilities & Constitutional Amendments
Introduction (AJK)
Azad Jammu & Kashmir (AJK) is governed under the Interim Constitution Act of 1974, which provides the legal framework for the region’s institutions and governance. This Constitution grants AJK its own legislature, executive, and judiciary, allowing it to function with a significant degree of internal self-government, while matters of defense, foreign affairs, currency, and communications remain under the responsibility of Pakistan. This arrangement reflects AJK’s special constitutional status as a self-governing state in close connection with Pakistan, while also highlighting its unique position due to the unresolved status of Jammu and Kashmir under international law.
The AJK Constitution of 1974 has been amended over time to address political realities and strengthen democratic participation. Among these, the 13th Amendment of 2018 stands out as a historic reform, as it transferred a wide range of powers from the federally dominated AJK Council to the AJK Legislative Assembly and Government, thereby enhancing legislative and financial autonomy. This amendment significantly reduced the influence of Pakistan’s representatives in AJK’s day-to-day governance and empowered the region’s elected institutions, aligning them more closely with the principles of self-rule and democratic accountability.
The Constitution of AJK also enshrines the fundamental rights of citizens, ensuring equality before the law, freedom of speech and religion, the right to education, and access to justice. At the same time, it defines the responsibilities of the AJK Government, including the provision of free and compulsory education, healthcare, and social services, the protection of minority and vulnerable communities, and the promotion of social and economic development. Thus, the Interim Constitution of 1974 is not only a legal framework but also a political and moral commitment to the welfare of the people of AJK. It symbolizes both the region’s aspiration for self-governance and its constitutional bond with Pakistan, creating a system that balances autonomy with shared responsibilities.
Legislature of AJK
- AJK Legislative Assembly:
- Composed of elected representatives, including reserved seats for women, technocrats, and refugees from Indian-held Kashmir.
- Makes laws for subjects under AJK jurisdiction.
- AJK Council:
- Previously held 52 subjects (including taxation and natural resources), dominated by Pakistan’s representatives.
- After the 13th Amendment, most powers shifted from the AJK Council to the AJK Assembly, reducing federal interference.
Executive of AJK
- President of AJK: Head of State with a symbolic role.
- Prime Minister of AJK: Chief Executive, responsible for administration and development.
- Cabinet Ministers: Assist the PM in governance.
13th Amendment Impact: Strengthened AJK’s Prime Minister and Assembly by giving them more control over financial and legislative matters.
Judiciary of AJK
- Supreme Court of AJK: Final court of appeal in the region.
- High Court of AJK.
- District Courts.
- The judiciary ensures justice and interprets the AJK Constitution.
Election Commission of AJK
- Independent body that conducts:
- Legislative Assembly elections
- Local Government elections
- By-elections and referendums
Security & Defense of AJK
- AJK does not have its own army.
- Defense, currency, and foreign affairs remain with Pakistan, as per the Interim Constitution.
- Internal order is maintained by the AJK Police and Civil Defense authorities.
Key Institutions of AJK
- AJK Public Service Commission – Recruitment of civil servants.
- Accountability Bureau – Anti-corruption watchdog.
- State Disaster Management Authority (SDMA) – Disaster preparedness and emergency response.
- Local Governments – Strengthen grassroots democracy.
Fundamental Rights under the AJK Constitution
Introduction (AJK)
The Constitution of Pakistan, 1973, and the governance framework of Azad Jammu and Kashmir (AJK) recognize that the protection and promotion of fundamental human rights are central to the establishment of a just, equitable, and progressive society. These rights serve as the foundation for the legal, social, and political systems, ensuring that citizens can enjoy freedom, equality, and dignity. The state, through its institutions, bears the responsibility of guaranteeing these rights and creating conditions that allow individuals to develop their full potential.
In addition to safeguarding rights, the government is entrusted with the proactive duty to provide essential public services, promote social welfare, and ensure equitable access to opportunities for all citizens, including marginalized and minority groups. By aligning governance with constitutional principles, both Pakistan and the AJK Government seek to uphold the rule of law, social justice, and inclusive development, thereby fostering a society that balances individual freedoms with collective welfare. The Azad Jammu and Kashmir (AJK) Interim Constitution Act, 1974 provides for the protection of fundamental rights of its citizens, similar to the Constitution of Pakistan, while also reflecting the special administrative status of AJK. These rights are enshrined primarily in Part II (Articles 7–27) of the AJK Constitution and aim to ensure equality, liberty, and justice for all citizens. Here’s a detailed overview:
Fundamental Rights under the AJK Constitution
- Right to Equality (Articles 7–10)
- All citizens are equal before the law and entitled to equal protection.
- Discrimination based on sex, religion, caste, or place of birth is prohibited.
- Special measures can be taken to protect disadvantaged groups, including women and children.
- Right to Life and Personal Liberty (Articles 11–14)
- Every person has the right to life and personal liberty; deprivation of life or liberty is allowed only according to law.
- Protection against arbitrary arrest, detention, or punishment.
- Safeguards against forced labor, slavery, or exploitation.
- Freedom of Speech, Expression, and Press (Articles 15–16)
- Citizens have the right to freely express their opinions, subject to reasonable restrictions in the interest of security, public order, or morality.
- Freedom of the press is recognized, allowing citizens to access and disseminate information.
- Freedom of Assembly, Association, and Political Participation (Articles 17–18)
- Citizens have the right to form associations, join political parties, and engage in peaceful assembly.
- Every citizen has the right to vote and participate in elections, ensuring democratic representation.
- Freedom of Religion and Belief (Articles 19–20)
- Citizens are free to practice, profess, and propagate their religion.
- Religious minorities are protected, and forced conversions or discrimination based on faith are prohibited.
- Right to Property (Article 21)
- Citizens have the right to acquire, hold, and dispose of property, subject to the law.
- Protection of property rights is guaranteed, ensuring economic security.
- Right to Education (Article 22)
- The government is obligated to provide free and compulsory education to children.
- Emphasis is placed on making education accessible, especially for girls and disadvantaged communities.
- Protection of Minorities and Social Justice
- Special provisions ensure that minorities have representation and protection in public services, education, and governance.
- Social justice is promoted through policies aimed at reducing inequality and supporting marginalized groups.
- Enforceability
- Fundamental rights are enforceable in the courts of AJK.
- Any law or action inconsistent with these rights may be challenged and declared void.
The AJK Constitution provides a robust framework for the protection of civil, political, economic, and social rights of its citizens. These rights are modelled largely on Pakistan’s Constitution but tailored to the governance and administrative needs of Azad Jammu and Kashmir. They ensure equality, freedom, and justice while obligating the government to provide essential services, safeguard minorities, and uphold democratic principles.
