Making GB province mere political slogan unless Constitution amended

ISLAMABAD: Making Gilgit-Baltistan (GB) a province of Pakistan will remain a mere political slogan unless the Constitution is amended accordingly.

“Certain constitutional articles need to be changed to convert GB into a Pakistani province,” leading lawyer Kashif Malik explained to The News. “Without such amendments, any such announcement will remain just a political statement.”

He referred to articles 1, 51 and 57 that need to be amended to achieve the objective of making GB a province. “Obviously, a constitutional amendment will require a two-thirds majority in the National Assembly and Senate. It would be prudent to have an across-the-board parliamentary consensus in view of the utmost importance of such a move.”

Kashif Malik explained that under Article 1, the territories of Pakistan comprise the provinces of Balochistan, Khyber Pakhtunkhwa, Punjab and Sindh, plus the Islamabad Capital Territory (ICT), and such states and territories as are or may be included in Pakistan, whether by accession or otherwise. To add another province enhancing the number of federating units from four to five, means that this provision will have to be amended, he said.

He said if GB were made a province of Pakistan, it would have to be allocated seats in the National Assembly as well as in the Senate like other federating units and the ICT. The relevant constitutional provisions also require amendments simultaneously.

Malik referred to a 2019 judgment of the Supreme Court in the Civil Aviation Authority versus others case delivered by a seven-member bench, which profusely quoted and relied on the recommendations of a committee formed in 2015 by the then prime minister Nawaz Sharif on constitutional and administrative reforms in GB. It was headed by veteran politician Sartaj Aziz.

A path forward is available in its recommendations which were submitted in March 2017, the SC verdict noted, and stated that the committee also reviewed the existing, internal arrangements of the region. Its report concluded that further reforms were required to enhance the sense of participation of the people of GB and to upgrade the standard of governance and public service delivery in the area.

At the same time, it noted that the proposed reforms should not prejudice Pakistan’s principled position in the context of the UN resolutions on Kashmir. The court agreed with these recommendations.

It said it must examine the recommendations that GB be accorded the provisional and special status of a province pending a final settlement of the Kashmir dispute; the region be given representation in the National Assembly and the Senate of Pakistan through amendments to Articles 51 and 57 of the Constitution and its Fourth Schedule be assigned to the GB assembly; GB be given representation in all constitutional bodies; and a robust local bodies system be introduced.

The committee also suggested broad reforms in other key areas including infrastructure development, socio-economic uplift and the civil service. The court said it was cognizant of the fact that nothing it recommends or orders should affect the nature and status of the Kashmir issue. “It is within this light that we have reflected upon the recommendations of the committee with great care. We also recognize that some of the recommendations require acts of parliament and even amendments to the Constitution. At the same time, we have also been comforted by the fact that the committee itself was acutely aware of the sensitivities of the issue before it and provided its recommendations only after considering their implications, if any, on the status of the Kashmir dispute. It must be emphasized that all these measures must be predicated by the caveat that these are subject to the result of the plebiscite which is duly recognized in Article 257 of the Pakistan Constitution. The committee’s recommendations have been considered in the backdrop of Pakistan’s international commitments and their constitutional endorsement.”

The court said as a responsible member of the comity of nations, Pakistan remains aware of its obligations in such terms. As and when the promised plebiscite is organized by the parties to the dispute, it will be up to the people of Jammu and Kashmir, and of GB to make their choice. Till such a time that a plebiscite is held, a proper arrangement must be provided for by Pakistan for the people of GB for purposes of governance within a framework of a constitutional nature, including most importantly the enjoyment of fundamental rights.

The judgment said the committee’s recommendations relating to the provision and enforcement of fundamental rights enshrined in the Constitution must be implemented immediately and with full force and effect. As a matter of law as well as morality, there should be no discrepancy in the fundamental rights available to those in GB relative to Pakistani citizens anywhere in the country. As for a framework for governance for GB, of a constitutional and political nature, the bench was of the view that the right to self-governance through an empowered GB assembly as well as a robust system of local bodies is entirely uncontroversial and must be enforced as early as possible.

With some variations, three major political parties including the Pakistan Tehreek-e-Insaf (PTI), Pakistan Muslim League-Nawaz (PML-N) and Pakistan People's Party (PPP) have somewhat similar stands on making GB a provisional province of Pakistan. However, the Jamiat Ulema-e-Islam-Fazl (JUI-F) opposes the move.

When contacted, PPP leader Chaudhry Manzoor told The News that his party wants to make GB a provisional province, but before that it has to be weighed that the Kashmir cause is not hurt in any way by any action of Pakistan.

“We have to think about the plebiscite when it will be held. For us, the most important thing is to elicit the opinion of the people of GB on the issue because they are the best judge to decide about the status of the region. We don’t wish to give any negative message to India.” He said that the PPP wants to accord representation of GB in the Senate and National Assembly of Pakistan. “We have to proceed cautiously.”

Senior Pakistan Muslim League-Nawaz (PML-N) leader and former Speaker Sardar Ayaz Sadiq told The News that an in-depth assessment has to be made as to what would be the benefits for Pakistan by making GB a provisional province. “We should not take any action that India would exploit. We should not show any haste on a very serious matter.”

Additionally, he said, the Azad Kahsmir prime minister belonging to the PML-N is strongly opposed to converting the GB into a province. “We must keep his stand in mind,” he said and added that any solid move on the subject would take place only after the upcoming elections to the GB Legislative Assembly.

The PTI and federal government’s stand was explained by Prime Minister Imran Khan on Nov 2 when he, during a visit to GB, said his government will grant the region the provisional provincial status after the forthcoming polls on Nov 15 in this area.