RESOLVING THE LEDGER
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x whatsapp-stroke copylink google Add Al Jazeera on Google info By Abid Hussain Published On 27 Jul 2026 27 Jul 2026 Islamabad, Pakistan – Pakistan-administered Kashmir, formally known as Azad Jammu and Kashmir (AJK), has spent the summer under an unofficial state of emergency.
Since early June, nearly 40 people have been killed in clashes between protesters and security forces, with sit-ins and road blockades regular features in the region over this period.
Banks remained shut for two weeks. Mobile and internet services remain suspended across most of the territory. Poonch division, which borders India and has been the epicentre of the unrest, was effectively sealed off for weeks, disrupting the supply of flour and other essentials to a region that depends heavily on them.
The Jammu Kashmir Joint Awami Action Committee (JAAC), the movement behind the protests, was banned by the local government on June 5, days before a planned demonstration .
Its leadership has since been arrested, has gone underground or has continued organising from sit-in camps in Rawalakot, the administrative headquarters of Poonch division.
Its demands, once centred on subsidised flour and cheaper electricity, have expanded to 38 points , chief among them the abolition of 12 assembly seats reserved for Kashmiri refugees.
All of this is unfolding as the region prepares to vote . Elections for the 45-seat Legislative Assembly, originally scheduled for July 27, have been split across three dates.
Mirpur division votes as planned, Muzaffarabad division and the 12 seats reserved for Kashmiri refugees follow on August 2, while Poonch division, where tensions remain highest, goes to the polls on August 10.
JAAC’s leadership is not on the ballot and has urged supporters to boycott the vote.
Of all the movement’s demands, one issue has proved impossible to resolve: the 12 refugee seats. The government says they cannot be touched without a constitutional amendment. JAAC wants them abolished outright.
Between those two positions lies a legal argument stretching back nearly a century, and a more fundamental question: who gets to decide who governs Muzaffarabad?
Of the AJK Legislative Assembly’s 45 elected seats, 33 are filled from constituencies within the territory.
The remaining 12 are reserved for refugees from Indian-administered Kashmir who now live in different parts of Pakistan.
The arrangement traces its roots to electoral arrangements introduced in 1960, reinforced through laws in 1964 and 1970, before being formalised in AJK’s 1974 Interim Constitution and reaffirmed by the constitution’s 13th Amendment in 2018.
Chaudhry Muhammad Ibrahim Zia, a former chief justice of the AJK Supreme Court, said the basis for the seats goes back further still, to the AJK government’s founding declaration of October 24, 1947, which he said reflected “the collective will of the people of the State of Jammu and Kashmir”.
Refugee representation, he told Al Jazeera, has “a firm historical basis” rooted in that document. He rejects any suggestion that the seats are unconstitutional.
“They have both historical grounding and constitutional support,” he said. “These seats cannot be described as unconstitutional.”
Pakistan-administered Kashmir’s electorate has grown from 3.2 million voters in 2021 to more than 3.8 million this year, according to Election Commission figures.
Within that, the 12 refugee constituencies account for roughly 439,000 registered voters, scattered across cities including Lahore, Rawalpindi and Sialkot, rather than concentrated in a single geographical area like AJK’s territorial constituencies.
And that’s a problem, says Kashif Abbasi, a JAAC committee member.
“This election is meant for people who actually live in AJK,” he told Al Jazeera. “These 12 seats sit outside AJK’s jurisdiction. This doesn’t happen anywhere else.”
JAAC’s demands were not always centred on the refugee seats. Its original charter was almost entirely economic, focusing on subsidised flour, electricity at cost price, and a share in the benefits from the Mangla and Neelum-Jhelum hydropower projects.
The refugee seats first appeared in the group’s expanded charter, submitted in October 2025.
Even then, JAAC did not initially seek their outright abolition. In written proposals submitted on May 30 this year, the group offered two alternatives.
It proposed retaining symbolic refugee representation until the Kashmir dispute is permanently resolved or replacing the 12 assembly seats with four seats in the AJK Council, the Islamabad-chaired body that exercises legislative authority over AJK’s federal-facing affairs.
The 14-member council, chaired by Pakistan’s prime minister, oversees subjects including electricity, banking and parts of taxation, areas that largely fall outside the AJK assembly’s authority. The territory has no representation in Pakistan’s national parliament.
“Our suggestion was that these seat-holders should instead be given representation on the Kashmir Council, and that their assembly seats be eliminated, with that money used elsewhere in the territory,” Khawaja Mehran, a member of JAAC’s core committee, told Al Jazeera recently.
Both proposals were rejected at an All-Parties Conference in Muzaffarabad on June 3.
In June, the AJK Supreme Court addressed the issue directly.
The court held that the seats are protected under AJK’s constitution and can only be abolished through a formal constitutional amendment. They cannot be removed through executive action or public pressure.
A constitutional amendment, the judges wrote, is “a solemn constitutional act, not a concession to be wrested from a government under duress”.
Zia, the former AJK chief justice, said the opinion changed little about the existing legal position.
“These seats simply cannot be abolished without a proper constitutional process,” he told Al Jazeera, adding that, with the outgoing assembly’s term having ended, no such process is possib...
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