Islamabad, Jan 15: Speakers at a Round Table Conference hosted by Centre for Peace, Development and Reforms (CPDR) on Sunday unanimously agreed that there was a dire need of revisiting and revamping of the “PaK interim constitution act of 1974”, which they said had led to a paradigm shift in power structure besides diluting status of the government in the region.
During day-long deliberations on CPDR report titled” an appraisal of constitutional, financial and administrative arrangements between government of Pakistan and Pakistan administered Kashmir”, here speakers expressed dissatisfaction over the existing arrangement saying, “The 1974 Act has drastically changed the power structure thereby establishing Kashmir Council entrusted with significant legislative and executive powers. The Council has miserably failed to achieve the results for which it was established. The council that enjoys executive powers has hampered local government’s ability to take key decisions regarding socio-economic development.”
They maintained that over the years Kashmir Council has become a strong institution but there was no check and balance as it is no where accountable. They said the PaK has a 10 billion budget whereas the Kashmir Council alone consumes a budget of Rs 4 billion annually.
Appreciating the CPDR’s report speakers said that it was high time for civil society, elected representatives and leadership of political parties to take up and discuss the issue of devolution of power with all stakeholders to have more autonomous government in the region.
In his key note address Justice Basharat Ahmed Sheikh briefed the participants about the CPDR report and said that a change in the existing system was must to ensure good-governance, rule of law and socio-economic development in the region.
He lamented that during last 36 years the Kashmir Council, which enjoys executive authority over 52 subjects, has not taken over relevant departments.
He said that the Council failed to live up to the expectations of the people of the region saying that for last three decades the Council could not establish its office/secretariat in PaK, even it could not setup a rest house in the region.
“There is every thing in the Council but not Kashmir that is why I call it a Kashmir-less council,” he said.
Raja Farooq Hyder who is one of the strong proponents of the constitutional amendments said that the KC and the government can’t go together. He was of the view that amendments in 1974 Act were essential to maintain peace and harmony in the region.
Pertinently, the CPDR in its report after giving a brief account of legal and constitutional arrangements between Pakistan and the government of Pakistan administered Kashmir (PaK) had stressed the need to initiate a debate on constitutional status of PaK.
The report suggested that Kashmir Council should be retained and entrusted with co-ordinating between the governments of Pakistan and “PaK” in respect of the subjects mentioned in section 31(3) of Act 74, which include the responsibilities under the UNCIP resolutions, defence and security, currency, foreign affairs and foreign trade.
“The council should consist of the prime minister of Pakistan, the leader of opposition and three ministers of the government of Pakistan whereas PaK should be represented by PM, leader of opposition and three members of the Council (to be elected by the PaK legislative body)”, the report said.
The report recommends (a) the reverting all executive and legislative powers to the PaK legislative Assembly (b) reverting power to government of PaK regarding appointment of judges of Supreme Court and High Court (c) establishing an independent election commission.