MUZAFFARABAD: The Azad Jammu and Kashmir Supreme Court on Sunday upheld the constitutional protection of 12 reserved refugee seats in the AJK Legislative Assembly, ruling that the structure of these seats cannot be changed through administrative action.

The court issued its opinion on a presidential reference filed under Article 46-A of the Interim Constitution 1974, seeking clarification on constitutional questions regarding refugee representation and related legal matters.

In its detailed opinion, the apex court held that the 12 refugee seats are protected under Article 22 and are rooted in historical legal frameworks dating back to arrangements made in 1960, 1964 and 1970, as well as the Interim Constitution of 1974 and the 1975 legal order.

The court observed that any alteration, reduction or abolition of these seats can only be carried out through a formal constitutional amendment under Article 33, stressing that administrative or executive action cannot override constitutional provisions.

It further stated that any demand for abolition of constitutional provisions through coercion, public pressure or extra-constitutional means would be legally invalid and inconsistent with the principles of constitutional supremacy and rule of law.

The court also left other constitutional questions to the elected assembly, noting that only elected representatives have the authority to initiate amendments through proper legislative procedure.

Interpreting provisions of Articles 22(3) and 22(4), the court emphasised that elections must be held within the constitutional timeframe and cannot be delayed on the basis of political disputes or protest movements.

It reiterated that the responsibility for ensuring elections and maintaining law and order rests with the state, which is bound to uphold continuity of democratic processes.

The court further observed that while peaceful protest is a constitutional right, activities that disrupt public order or normal life are not protected under constitutional guarantees.

The opinion comes amid ongoing political debate and protests calling for the abolition of refugee seats, which represent Kashmiri migrants who settled in Pakistan after 1947.

Earlier, an all parties conference in Muzaffarabad rejected calls for scrapping the seats, while the AJK Legislative Assembly also passed a resolution affirming their continuation as a historical and constitutional reality.