By: Muhammad Aamir Hussain and Maqsood Hussain
The constitutional status of Gilgit-Baltistan has constantly been a subject of debate and discussion. Gilgit-Baltistan is in a unique condition. In spite of being managed by Pakistan, it has actually not been totally incorporated right into Pakistan like the various other provinces. This one-of-a-kind circumstance stimulates continuous conversations regarding its political standing.
In 1947, throughout the dividers of British India, Gilgit-Baltistan belonged to the royal state of Jammu and Kashmir. At first, the Maharaja of Kashmir wished to remain independent; however, in October 1947, he acceded to India. This choice stimulated a dispute between India as well as Pakistan as both nations asserted ownership of the whole state of Jammu and Kashmir.
Throughout this turmoil, individuals of Gilgit-Baltistan, with the aid of neighbourhood militias, rebelled against the Maharaja and also took control of the area. Later on, individuals of the Gilgit area declared Gilgit a component of Pakistan as well as raised the Pakistani flag. On 16 November 1947, Sardar Alam Khan came to Gilgit as a political representative. On 6 April 1948, the Gilgit Agency was put under the management of the political agent in the North-West Frontier Province to look after the running of the Gilgit Agency, and the states within the area.
Baltistan was likewise a component of the Gilgit Agency. The tribal areas of Darrel and also Tangir acceded to Pakistan in 1951. The 1948 UN Security Council Resolution 47 was aimed at conducting a referendum to determine the fate of Jammu and Kashmir, including Gilgit-Baltistan. It was emphasized that the region was disputed and required international oversight. Despite the fact that the referendum never took place, the resolution shows that the conflict remains unresolved and the international community is involved in addressing the dispute over Kashmir.
In 1947, the first law enacted was the continuation of the colonial law known as the FCR, which granted all judicial and administrative power to the civil bureaucracy in the tribal areas and Gilgit-Baltistan. On 28 April 1949, government officials of Pakistan, represented by the minister without portfolio, met with representatives of the AJK government without representation from Gilgit-Baltistan to sign the Karachi Agreement.
The agreement stated that Pakistan would control the affairs of Gilgit. The administration of the Gilgit Agency was transferred from the North-West Frontier Province to the government of Pakistan, and a separate Ministry of Kashmir Affairs was established. In 1950, the Ministry of Kashmir Affairs and Northern Areas (KANA) took over the administration of the northern territories. The joint secretary of the ministry has been performing the duties of a resident in the northern regions with full administrative and judicial authority since 1952.
In 1967, KANA transferred the powers of the High Court and the Revenue Commissioner to the Resident and appointed two political agents for Gilgit and Baltistan. The Advisory Council for Northern Regions was established in 1970 in accordance with the constitutional decree of the Northern Regions Council, with 21 members chaired by a resident of the united territory. The main administrative, judicial, and political reforms were introduced in 1975 in accordance with the Legal Framework Order for the Northern Areas Council, which abolished the jagirdari system and extended civil and criminal law to the northern areas.
In 1994, the Council of Northern Districts was supplemented by the Rules for Conducting Business in Northern Districts, which serve as the primary law with limited advisory functions. The Supreme Court of Pakistan, in its landmark ruling on 28 May 1999, declared that the people of the Northern Areas are citizens of Pakistan for all intents and purposes and instructed the government of Pakistan to ensure that they enjoy all fundamental rights. The Northern Areas Council was renamed the Legislative Council of the Northern Areas in 1999, with expanded powers to legislate on 49 issues and the creation of the position of Speaker and three women’s seats.
Although the Government of Pakistan’s efforts, such as the Empowerment and Self-Government Ordinance 2009 and the recommendations of the Sartaj Aziz Committee, represent efforts to strengthen self-government, these initiatives are hampered by the region’s contested status.
The 2009 Ordinance on the Empowerment and Self-Governance of Gilgit-Baltistan renamed the Northern Areas Gilgit-Baltistan and established a governance structure similar to that of the provinces of Pakistan, albeit without full provincial status. This decree established the Legislative Assembly of Gilgit-Baltistan and the Gilgit-Baltistan Council, aiming to provide greater autonomy.
In 2015, the government of Pakistan established a committee headed by Sartaj Aziz, the then advisor to the Prime Minister on foreign affairs, to review the constitutional and administrative status of Gilgit-Baltistan. The report by the Sartaj Aziz Committee presented a comprehensive set of recommendations aimed at improving the governance and constitutional status of Gilgit-Baltistan. By offering temporary provincial status, judicial reforms, and an expansion of legislative powers, the committee aimed to more closely integrate Gilgit-Baltistan with Pakistan, respecting its unique and disputed status. The implementation of these recommendations remains a crucial step towards addressing the region’s long-standing demands for political and administrative autonomy.
The Supreme Court extended its jurisdiction to Gilgit-Baltistan, ruling that fundamental rights should be available to its residents. By extending constitutional rights, advocating for legislative representation, and emphasizing judicial independence, the judgment sought to integrate Gilgit-Baltistan more closely with Pakistan while respecting its unique status. However, the implementation of these directives remains a complex and ongoing process, influenced by both domestic aspirations and international diplomatic considerations.
Looking at the complex issue of the status of Gilgit-Baltistan, it seems the unique status of the region was deliberately maintained by both India and Pakistan. For decades, the two countries have been demanding plebiscites across Jammu and Kashmir, including Gilgit-Baltistan, through the United Nations, each hoping for a favourable outcome.
However, the people of Gilgit-Baltistan are not ready to accept the stagnation that deprives them of their rights. They demand full provincial status to ensure its representation in the National Assembly and Senate and rights and opportunities like other provinces. They want Gilgit-Baltistan to be formally recognized as the fifth province of Pakistan, and the term “temporary province” should be included in the constitution to allow future changes if the UN resolution is implemented.
Although the Government of Pakistan’s efforts, such as the Empowerment and Self-Government Ordinance 2009 and the recommendations of the Sartaj Aziz Committee, represent efforts to strengthen self-government, these initiatives are hampered by the region’s contested status. The complex balance between local aspirations for autonomy and the geopolitical realities surrounding Kashmir is still evolving. In our opinion, a viable way forward would be to give the people of Gilgit-Baltistan proportional representation in the Parliament of Pakistan, recognizing both their legitimate demands in the broader international context.
The writers is a freelance columnist
