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The President of Azad Kashmir (Urdu: صدرِ آزاد کشمیر, romanized: s̤adr-i Azād Kaṣhmīr lit. 'President of Azad Kashmir', Urdu pronunciation: [s̤ə'dr-e: a:'za:d kə'ʂmi:r]), officially the President of the State of Azad Jammu and Kashmir, is the constitutional and ceremonial head of state of Azad Kashmir.
| President of Azad Jammu & Kashmir | |
|---|---|
| صدر آزاد جموں و کشمیر | |
 | |
 | |
since 25 August 2021 | |
| Government of Azad Kashmir | |
| Style |
|
| Type | Head of state |
| Abbreviation | Pres. AJK |
| Member of | Azad Kashmir Legislative Assembly |
| Residence | President House, Muzaffarabad |
| Seat | President Secretariat, Muzaffarabad |
| Appointer | Azad Jammu and Kashmir Legislative Assembly |
| Term length | 5 years; renewable |
| Constituting instrument | Interim Constitution of Azad Kashmir |
| Precursor | Monarch of the Princely State of Jammu and Kashmir |
| Inaugural holder | Sardar Ibrahim Khan (1947–1950) |
| Formation | 24 October 1947; (75 years ago) |
| Deputy | No fixed position; however held by Speaker of Legislative Assembly in President's absence |
| Website | www |
The President is elected by the Azad Jammu and Kashmir Legislative Assembly for a term of five years, under the provisions of the Azad Jammu & Kashmir (Interim Constitution) Act, 1974.[1]
Powers of President of Azad Jammu and Kashmir
edit- Executive Powers: Related to appointments, removals, issuing orders, and administering oaths.
- Judicial Powers: Pertaining to the Supreme Court and High Court of Azad Kashmir.
- Legislative Powers: Concerning the Legislative Assembly of the state.
- Emergency Powers: Related to the declaration and management of emergencies.
Executive Powers
editThe President of Azad Jammu and Kashmir is the constitutional and ceremonial head of state. All executive powers are exercised by the Government of Azad Jammu and Kashmir, consisting of the Prime Minister and the cabinet, on his behalf, and he is bound to act on their advice. He also serves as the Vice Chairman of the Azad Jammu and Kashmir Council. The President, on the advice of the Prime Minister, may make rules for carrying out the purposes of the Constitution and can promulgate orders based on the advice of the Prime Minister, ministers, or relevant authorities.
In the event of the Prime Minister’s death, resignation, removal, or other incapacitation, the President appoints the senior-most minister as Acting Prime Minister. Additionally, he appoints a Plebiscite Adviser in the state, the Advocate General on the advice of the Prime Minister, and the Auditor General on the advice of the Chairman of the Council. He also appoints the Chief Election Commissioner after consulting with both the Prime Minister and the Leader of the Opposition, and he selects members and the Chairman of the Council of Islamic Ideology on the advice of the Prime Minister.
The President appoints the Chairman of the Azad Jammu and Kashmir Public Service Commission on the advice of the Prime Minister and serves as Chancellor of the public sector universities in the region, where he appoints Vice Chancellors based on the recommendations of relevant authorities. Lastly, the President administers the oath to the Prime Minister and members of the cabinet, including ministers and advisers.
Judicial Powers
editThe President appoints the Chief Justice of the Supreme Court of Azad Jammu and Kashmir and the Chief Justice of the High Court of Azad Jammu and Kashmir. He also appoints judges of the Supreme Court and the High Court on the advice of the Council. In the absence of the Chief Justice, the President may appoint Acting Chief Justices for both the Supreme Court and the High Court, and he may also appoint additional judges to the High Court and ad hoc judges to the Supreme Court and High Court.
The Aalim Judge of the Shariat Appellate Bench of the High Court is appointed by the President on the advice of the Prime Minister and after consultation with the Chief Justice of the Supreme Court and the Chief Justice of the High Court. The President has the authority to remove judges of the Supreme Court and High Court based on the recommendations of the Supreme Judicial Council.
If the Chairman of the Council or the President seeks the opinion of the Supreme Court of Azad Jammu and Kashmir on any question of law that is considered of public importance, the President may refer the question to the Supreme Court for reconsideration. The President also has the power to grant pardons, reprieves, and respites, and to remit, suspend, or commute any sentence passed by any court, tribunal, or other authority.
Additionally, the President administers the oath to the Chief Justice of the Supreme Court and the High Court of Azad Kashmir.
Legislative Powers
editA bill can only become an act when the President of the state assents to it or it is deemed assented after the passage of a certain period. The President has the authority to summon and prorogue sessions of the Legislative Assembly of the state. He can dissolve the Legislative Assembly on the advice of the Prime Minister.
When the Legislative Assembly is not in session, the President can promulgate ordinances, provided he is satisfied with the need for such action, on the advice of the Prime Minister or the cabinet. The President may also address the Assembly and send messages to it.
All proceedings of the Assembly are to be conducted in accordance with the Rules of Procedure made by the Assembly and approved by the President. The Speaker of the Assembly may resign from office by submitting a written resignation to the President.
The President signs the finance bill approved by the Legislative Assembly and also signs any constitutional amendment bill for the state of Azad Jammu and Kashmir.
Emergency Powers
editAccording to Article 53 of the Interim Constitution of Azad Jammu and Kashmir, the President can issue a proclamation of emergency on the advice of the Chairman of the Council when the security of Azad Jammu and Kashmir is threatened by war, external aggression, or internal disturbances. During the emergency, the President has the authority to suspend the fundamental rights of the state's citizens.
List of presidents
editThe following individuals have served as Presidents of Azad Kashmir:[2][3]
See also
editNotes
edit- ^ "Archived copy". Archived from the original on 26 February 2019. Retrieved 22 May 2017.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ World Statesmen: Azad Kashmir
- ^ "Official Website of the Planning and Development Department of the Government of Azad Jammu and Kashmir". Archived from the original on 5 April 2017. Retrieved 24 May 2010.
- ^ "PTI's Barrister Sultan Mahmood elected AJK president". Dawn (newspaper). 25 August 2021.
External links
edit- Website Archived 26 February 2019 at the Wayback Machine