Thread by @JanAli2022

No Rule of Law, Only Elite Rule: Elite Capture of Highest Offices in Pakistan-Administered Kashmir
Acting President Continues Beyond Constitutional Limit
Thread

The continued tenure of the Acting President in Pakistan-administered Kashmir beyond the constitutionally mandated period reflects serious contempt for the Constitution and the rule of law by the political elite.

This has further exposed the growing concentration of power among what observers describe as a caste-based political elite.
The office of the President fell vacant following the death of the incumbent on 30 January this year.

Under the Constitution, a new President must be elected within 30 days following such a vacancy. That deadline has now been exceeded by 68 days, yet no election has been held.

Section 9 of the Constitution provides that when the office of President becomes vacant due to death,resignation,or any other reason, the Speaker of the Assembly shall act as President until a new one is elected and ensure that the election is held within 30 days of the vacancy.

The only exception applies if the Assembly is dissolved, in which case the election must be held within 30 days after general elections. As the Assembly remains intact, there is no constitutional justification for the delay.

Any such delay, particularly without clear legal grounds, goes against the Constitution and undermines the oath to uphold it.
Legal experts argue that the continued exercise of presidential authority beyond this timeframe is unconstitutional.

"The continuation of the Acting President beyond the constitutionally mandated period is illegal and without any legal backing,” said a constitutional expert. He added that decisions taken during this extended period could be open to legal challenge,

as they derive authority from an office not held in accordance with the Constitution. “When a constitutional office is occupied in violation of explicit time limits, it raises serious questions about the validity of actions taken under that authority,” he said.

He further asked, “When the Acting President is holding office in utter violation of the Constitution, how can his actions be legal?”

Under Article 50, the Election Commission is responsible for organising, managing, and conducting elections for the Assembly, local bodies, President, and Prime Minister, and must ensure that these are held in accordance with the law.

Despite this clear constitutional responsibility, no presidential election has been conducted so far.
Concerns have also been raised regarding the simultaneous use of state resources linked to both the Speaker’s office and the acting presidency.

The Acting President is reported to be availing the privileges and facilities associated with both roles at the same time. These reportedly include the Speaker’s office and official residence in Muzaffarabad, as well as the Speaker’s chamber in Islamabad.

At the same time, the President’s offices and residences in Muzaffarabad and Islamabad are also said to be in use. Official vehicles, security arrangements, and state protocol linked to both positions are reportedly being used simultaneously.

Critics argue that such overlap raises serious concerns regarding the use of public resources and creates potential conflicts of interest.

During this period, key appointments have reportedly been made under the authority of the acting role. This further intensifies concerns about the legitimacy of decisions taken beyond the constitutional timeframe

Despite the gravity of the situation, the ruling Pakistan Peoples Party (PPP), with which the Acting President is affiliated, as well as opposition parties — including the Pakistan Muslim League-Nawaz (PML-N),

Pakistan Tehreek-e-Insaf (PTI), Muslim Conference, and Jammu and Kashmir Peoples Party — have remained largely silent.
Critics describe this silence as tacit acceptance of what they view as a clear breach of the Constitution.

Observers say that a caste-based political elite within the Assembly and government appears to protect its own interests.
Observers note that this is not an isolated incident but part of a broader and recurring pattern.

In early June 2023, the current Acting President was elected as Speaker in controversial circumstances. According to critics, he secured only 19 votes in a 53-member House, despite a simple majority of 27 being required.

On 20 April 2023, a coalition government was formed in Pakistan-administered Kashmir, led by PTI forward bloc leader Chaudhry Anwar-ul-Haq, with the Pakistan Peoples Party and Pakistan Muslim League also part of the government.

At the time, Chaudhry Anwar-ul-Haq was serving as Speaker. He later contested the election for Prime Minister and secured 48 votes in the 53-member Assembly.

After taking oath as Prime Minister, he continued to act as Speaker and deferred Assembly proceedings sine die while still holding both positions. This raised serious constitutional concerns.

Critics argue that the Assembly effectively enabled this breach by allowing him to contest while serving as Speaker and continue exercising that role even after assuming the office of Prime Minister.

In 2018, the Pakistan-administered Kashmir Assembly passed the 13th Amendment, transferring financial powers from the Jammu and Kashmir Council to the Pakistan-administered Kashmir government — a move widely welcomed by the political elite.

However, the same amendment also imposed a cap on the number of ministers, limiting it to 16. When this restriction later became inconvenient, the law was amended and the cap was removed.

To avoid accountability, changes were also made to accountability laws in 2020, which critics argue weakened institutional oversight.

In 2024, the Assembly amended Section 505 of the 1960 law, granting broad protection to the political system from criticism. The amendment criminalised criticism, with penalties of up to seven years in prison and fines.

On 28 April 2025, the Assembly granted legal cover to the “Manual (Dastoor-ul-Amal),” allowing members of the Assembly to continue controlling local government development funds. This raised concerns about continued corruption despite a High Court ruling against the practice.

Political parties that otherwise oppose each other are seen to come together within the Assembly to protect their financial and political interests.

These developments have led some analysts to describe the situation as a form of elite capture of the highest constitutional offices, where legal frameworks are bent, reinterpreted, or ignored to maintain political control and protect entrenched interests.

In this context, the continued delay in holding a presidential election is not merely a procedural lapse but part of a broader erosion of constitutional governance.

For many observers, it reflects a deeply entrenched pattern in which the Constitution is not consistently treated as a binding framework but is instead manipulated, subverted, or selectively reshaped by those in power to serve their vested interests.

@CMShehbaz
@GovtofPakistan
@PakPMO
@BBhuttoZardari
@KhawajaMAsif
@MIshaqDar50
@PmlnMedia
@pmln_org
@MediaCellPPP
@QamarKairaPPP
@Mushahid
@sherryrehman
@NAofPakistan
@SaeedGhani1
@AyazSadiq122

Please Unroll @UnrollHelper