IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
PRESENT: MR. JUSTICE MIAN SAQIB NISAR, HCJ 
 
 
 
MR. JUSTICE SH. AZMAT SAEED 
 
 
 
MR. JUSTICE UMAR ATA BANDIAL 
 
 
 
MR. JUSTICE FAISAL ARAB 
 
 
 
MR. JUSTICE IJAZ UL AHSAN 
 
 
 
MR. JUSTICE SAJJAD ALI SHAH 
 
 
 
MR. JUSTICE MUNIB AKHTAR 
 
CONST. PETITIONS NO.50/2018, 51/2018 & 63/2011, CIVIL MISC. 
APPLICATIONS NO.4922, 5382/2011, 695/2012 & 724/2017 IN CONST. 
PETITION NO.63/2011, CONST. PETITIONS NO.6/2012, 16/2015 & 
20/2015, CIVIL MISC. APPLICATION NO.6966/2017 IN CONST. PETITION 
NO. 20/2015, CONST. PETITION NO.3/2016, CIVIL MISC. APPLICATION 
NO.6800/2017 IN CONST. PETITION NO.3/2016, CONST. PETITION 
NO.13/2016, 32/2016, 34/2016, CIVIL MISC. APPEAL NO.184/2016 IN 
CONST. PETITION NO.NIL/2016, CIVIL MISC. APPLICATION 7367/2016 
IN CONST. PETITION NO.2/2017, 30/2017, 41/2018, CIVIL MISC. 
APPEAL NO.202/2016 IN CONST. PETITION NO.NIL/2016, CONST. 
PETITION NO.49/2018, 55/2018, 30/2015, 31/2015 32/2015, 36/2015, 
64/2015, 6/2017 IN CIVIL MISC. APPEAL NO.31/2017, CONST. 
PETITION NO.61/2017 IN CIVIL MISC. APPEAL NO.243/2017, CONST. 
PETITION NO.18/2018 AND CIVIL MISC. APPLICATION NO.10872/2018 
IN CONST. PETITION NO.16/2015 
 
Const.P.50/2018: 
Civil Aviation Authority Vs. Supreme Appellate 
Court Gilgit Baltistan etc. 
 
 
Const.P.51/2018: 
Prince Saleem Khan Vs. Registrar Supreme 
Appellate Court Gilgit Baltistan etc. 
 
 
Const.P.63/2011: 
Dr. Ghulam Abbas Vs. Federation of Pakistan etc. 
 
 
C.M.A.4922/2011: 
in Const.P.63/2011 
 
C.M.A.5382/2011: 
in Const.P.63/2011 
 
C.M.A.695/2012: 
in Const.P.63/2011 
 
C.M.A.724/2017: 
in Const.P.63/2011 
 
Const.P.6/2012: 
Application 
for 
impleadment 
by 
Supreme 
Appellate Court Bar Association Gilgit-Baltistan 
 
Application for Impleadment Dolat Jan 
 
 
Application for Impleadment by Wazir Farman Ali 
 
 
Application for Impleadment by Taqdir Ali Khan v. 
Federation of Pakistan and others 
 
Gilgit Baltistan Chief Court Bar Association 
through its Vice President Vs. Federation of 
Pakistan etc. 
 
 
Const.P.16/2015: 
Gilgit Baltistan, Bar Council through its Vice 
Chairman Vs. Federation of Pakistan etc. 
 
 
Const.P.20/2015: 
 
C.M.A.6966/2017: 
Gilgit Baltistan, Supreme Appellate Court Bar 
Association Vs. Federation of Pakistan etc. 
Gilgit Baltistan, Supreme Appellate Court Bar 
Const.P. No.50/2018 etc. 
-: 2 :-
in Const.P.20/2015 
Association v. Federation of Pakistan & others 
 
 
Const.P.3/2016: 
 
 
 
C.M.A.6800/2017: 
in Const.P.3/2016 
Shaheen Air International Ltd., Karachi Vs. The 
Registrar, 
Supreme 
Appellate 
Court, 
Gilgit-
Baltistan etc. 
 
Shaheen Air International Ltd. Karachi v. The 
Registrar, 
Supreme 
Appellate 
Court, 
Gilgit-
Baltistan & others 
 
 
Const.P.13/2016: 
Zafar Ali Khan Maqpoon Vs. Government of 
Pakistan etc. 
 
 
Const.P.32/2016: 
Muhammad Ibrahim Vs. Fed. of Pakistan etc. 
 
 
Const.P.34/2016: 
 
 
C.M.Appeal.184/2016: 
in Const.P.Nil/2016 
 
C.M.A.7367/2016: 
in Const.P.34/2016 
Pak Agricultural Research Council Vs. Govt. of 
GB through Chief Secretary, Gilgit Baltistan etc. 
 
Pak Agricultural Research Council v. Govt. of GB 
through Chief Secretary, Gilgit Baltistan & others 
 
Pak Agricultural Research Council v. Govt. of GB 
through Chief Secretary, Gilgit Baltistan & others 
 
 
Const.P.2/2017: 
Federal Board of Intermediate & Secondary 
Educations through its Chairman & another Vs. 
Federations of Pakistan through M/o Kashmir 
Affair & Northern Areas etc. 
 
 
Const.P.30/2017: 
Chairman 
F.B.R., 
Islamabad 
Vs. 
Registrar 
Supreme Appellate Court, Gilgit Baltistan 
 
 
Const.P.41/2018: 
 
 
 
 
C.M.Appeal.202/2016: 
in Const.P.Nil/2016 
Federation of Pakistan through Secretary Ministry 
of Kashmir Affairs and Gilgit Baltistan, Islamabad 
Vs. Registrar Supreme Appellate Court, Gilgit-
Baltistan & another 
 
Air Blue Company Ltd. v. The Registrar S.C. 
Appellate Court Gilgit-Baltistan 
 
 
Const.P.49/2018: 
Federation of Pakistan through Secretary Ministry 
of Kashmir Affairs and Gilgit Baltistan, Islamabad 
& another Vs. The Registrar Supreme Appellate 
Court, Gilgit-Baltistan etc. 
 
 
Const.P.55/2018: 
Gilgit Baltistan Bar Council & another Vs. 
Federation of Pakistan etc. 
 
 
Const.P.30/2015: 
Amna Ansari & another Vs. Chairman Gilgit-
Baltistan Council etc. 
 
 
Const.P.31/2015: 
Amna Ansari & another Vs. Chairman Gilgit-
Baltistan Council etc. 
 
 
Const.P.32/2015: 
Amna Ansari & another Vs. Chairman Gilgit-
Baltistan Council etc. 
 
 
Const.P.36/2015: 
Ameer Khan Vs. Federation of Pakistan etc. 
 
 
Const.P. No.50/2018 etc. 
-: 3 :-
Const.P.64/2015: 
Prof. Abdul Rasheed Mian etc. Vs. Federation of 
Pakistan through Secretary M/o Health Services 
Regulations and Coordination, Islamabad etc. 
 
 
Const.P.6/2017: 
Pakistan Tourism Development Corporation Vs. 
Registrar Supreme Appellate Court & another 
 
 
Const.P.61/2017: 
Hotels and Restaurants Association of Gilgit-
Baltistan & another Vs. Federation of Pakistan 
through Secy. Cabinet Division, Islamabad etc. 
 
 
Const.P.18/2018: 
Abdul Qayyum Khan Vs. Ministry of Kashmir 
Affairs & Gilgit-Baltistan through its Secretary, 
Islamabad etc. 
 
 
C.M.Appeal.10872/2018 
in Const.P.16/2015: 
Impleadment application by Lt. Co. (R) Syed Iqbal 
Hashmi 
 
For the petitioner(s): 
Mr. Salam Akram Raja, ASC 
Syed Rifaqat Hussain Shah, AOR 
(In Const.P.6/2012, 20/2015 & 55 of 2018 & 64/2015) 
 
Mian Shafaqat Jan, ASC  
Syed Rafaqat Hussain Shah, AOR 
(In Const.P.50/2016 & Const.P.18 of 2018) 
 
Barrister Masroor Shah, ASC 
(In Const.P.51/2011) 
 
Mr. Ikram Chaudhry, ASC 
(In Const.P.63/2011) 
 
Rai M. Nawaz Kharal, ASC 
Syed Rifaqat Hussain Shah, AOR 
(In Const.Ps.16/2015 & 61/2017 & C.M.A.6966/2017) 
 
Mr. Bhajandas Tejwani, ASC 
Ch. Akhtar Ali, AOR 
(In Const.P.3/2016) 
 
Syed Qalb-i-Hassan, ASC 
(In Const.P.13/2016) 
 
Mian Shafaqat Jan, ASC 
(In Const.P.32/2016) 
 
Nemo 
(In Const.P.34/2016) 
 
Mr. Mir Afzal Malik, ASC 
Mr. Tariq Aziz, AOR 
(In Const.P.2/2017) 
 
Mr. Ghulam Shoaib Jally, ASC 
(In Const.P.30/2017) 
 
Mr. Sajid Ilyas Bhatti, Addl. A.G.P. 
(In Const.Ps.41 & 49/2018) 
 
Mr. Asif Fasih ud Din Vardag, ASC 
Ch. Akhtar Ali, AOR 
(In Const.Ps.30 & 32/2015) 
Const.P. No.50/2018 etc. 
-: 4 :-
 
Mr. M. Munir Peracha, ASC 
Mr. Mehmood A. Sheikh, AOR 
(In Const.P.6/2017) 
 
Nemo 
(In Const.P.36/2015) 
 
Mr. M. Ikhlaque Awan, ASC 
(In C.M.A.5382/2011 & C.M.Appeal 202/2018) 
 
On Court’s notice: 
Mr. Anwar Mansoor Khan, A.G.P. 
 
 
Amicus Curiae: 
Ch. Aitzaz Ahsan, Sr. ASC 
 
 
For the respondent(s): 
Mr. Saeed Iqbal, Dy. A.G. Gilgit-Baltistan 
Mr. Aurangzeb Khan, Minister of Law & 
Parliamentary Affairs, Gilgit Baltistan 
 
Mr. Dil Muhammad Khan Alizai, ASC 
Ch. Afrasiab Khan, ASC 
(For respondent No.2 in Const.P.49/2018) 
 
Mr. M. Iqbal Hashmi, Advocate in person 
(in C.M.A.10872/2018) 
 
Mr. Waseem Sajjad, Sr. ASC  
(For respondent in Const.P.63/11) 
 
Raja Abdul Ghafoor, AOR 
(For the Federation) 
 
Mr. Abdullah Baig 
(Respondent in person) 
 
 
Date of hearing: 
7.01.2019 
 
ORDER 
 
 
MIAN SAQIB NISAR, CJ.- Succinctly, the instant matters 
pertain to a very important historical and constitutional issue involving the 
status, authority and powers of Gilgit-Baltistan (GB) including the judiciary 
and the rights available to its people. Although similar issues emanate from 
the various constitution petitions filed before this Court, it would be 
pertinent to briefly discuss the factual background of each case before 
proceeding further:- 
i. 
In Constitution Petition No.63/2011, the petitioner who is a 
political and social activist, seeks the enforcement of the 
independence of the judiciary in GB and thus challenges the 
vires of the Gilgit-Baltistan Empowerment and Self-Governance 
Order 2009 (2009 Order) (and the Gilgit Baltistan Order, 2018 (2018 Order) 
by amendment of the petition through a C.M.A.) in light of Article 175 and 
Const.P. No.50/2018 etc. 
-: 5 :-
203 of the Constitution of the Islamic Republic of Pakistan, 
1973 (Constitution); 
 
ii. 
In Constitution Petition No.6/2012, the GB Chief Court Bar 
Association claims that the 2009 Order did not make sufficient 
provisions for the appointment of judges to the GB Supreme 
Appellate Court and this oversight threatens the establishment 
of an independent judiciary in GB and thus the vires of the 
relevant provisions [Articles 60(5), (6) and (8) of the 2009 Order] have 
been challenged.    
 
iii. 
In Constitution Petition No.16 and 20/2015, the petitioner, GB 
Bar Council (in both the petitions) seeks appropriate directions to 
the respondents to arrange for issuance of an order 
contemplated by Article 258 of the Constitution read with 
Article 1(2)(d) thereof, to provide for good governance for GB in 
compliance with the direction already issued by this Court in 
paragraph No.28 of the judgment reported as Al-Jehad Trust 
through Habibul Wahab Al-Khairi, Advocate and 9 others 
Vs. Federation of Pakistan through Secretary, Ministry of 
Kashmir Affairs, Islamabad and 3 others (1999 SCMR 1379) 
to enforce fundamental rights; 
 
iv. 
In Constitution Petitions No.30, 31, 32 and 36/2015 the 
petitioner challenged the appointments of the Chief Election 
Commissioner GB, Governor of GB and the Chief Minister of 
GB made under the 2009 Order and sought a declaration to 
the effect that the said Order was ultra vires and the 
fundamental rights extended to the people of GB be enforced; 
 
v. 
Petitioners No.1 and 2 in Constitutional Petition No.64/2015 
are faculty members of various medical colleges and petitioners 
No.1, 3 and 4 are also members of the Pakistan Medical and 
Dental Council (PMDC). Through the instant petition they claim 
that Section 2 of the PMDC (Amendment) Ordinance, 2015 on 
account of being discriminatory to the people of Azad Jammu 
and Kashmir and GB be declared ultra vires of Article 25 of the 
Constitution, fresh elections be announced for members of 
council of PMDC and Regulation No.9(2) of the PMDC 
Regulations 2015 be declared unreasonable, arbitrary and of 
no legal effect; 
Const.P. No.50/2018 etc. 
-: 6 :-
 
vi. 
In Constitutional Petition No.2/2016 the judgments against the 
Federal Board of Intermediate & Secondary Education by the 
lower fora were upheld by the GB Supreme Appellate Court. 
Through the instant petition, the impugned judgment was 
sought to be declared as beyond the jurisdiction of the said 
Court and the declaration that no civil proceedings may be 
initiated against it in the territory of GB and any such 
proceedings should have no legal effect; 
 
vii. 
In Constitutional Petition No.3/2016, the petitioner Shaheen 
Airline Limited was issued directions in Suo Moto Case 
No.2/2009 by the Supreme Appellate Court to operate flights to 
Gilgit Baltistan despite it not being commercially feasible for 
the petitioner. Through this petition, the petitioner seeks that 
the said suo moto proceedings and all the orders issued therein 
be declared unconstitutional, ultra vires of the Constitution 
and void ab initio; 
 
viii. 
In Constitutional Petition No.13/2016, the petitioner, inter alia, 
seeks the implementation of the judgment passed in Al-Jehad 
Trust’s case (supra) as well as the declaration that the 2009 
Order is ultra vires of the Constitution and has no legal value 
unless the Constitution is amended; 
 
ix. 
In Constitutional Petition No.34/2016, the Pakistan Agriculture 
Research Council seeks reversal of the transfer of 24 kanals 
and 3 marlas to Pakistan State Oil under the mistaken belief 
that the said land was owned by the Government of GB 
whereas according to the petitioner the said land was owned by 
the Government of Pakistan and could not be unilaterally so 
transferred. The said matter was sub judice when it was taken 
up in suo moto proceedings by the GB Supreme Appellate 
Court in S.M.C. No.8 of 2016 and directions have been issued 
to facilitate said transfer. The petitioner seeks, inter alia, that 
the jurisdiction of the said Court be outlined in light of the 
Constitution of Pakistan and the said transfer of land be 
declared void and without lawful authority.   
 
x. 
In Constitutional Petition No.3/2016, the petitioner, inter alia, 
seeks implementation of the Al-Jehad Trust’s case (supra) as 
Const.P. No.50/2018 etc. 
-: 7 :-
well as the declaration that Order 2009 is ultra vires of the 
Constitution and has no legal value unless the Constitution is 
amended and therefore should be declared ultra vires; 
 
xi. 
In Constitutional Petition No.6/2017, there was a dispute 
regarding shamlat land measuring 30 kanals in Satpara Lake 
which the Pakistan Tourism and Development Corporation 
(PTDC) wanted to acquire. Vide impugned order dated 
19.11.2015 in S.M.C. No.3/2009, this Court issued directions 
to PTDC to bring its work at the Satpara Lake in conformity 
with the environmental standards it laid out which directions 
the PTDC states that it has complied with. Subsequently, 
through suo moto case No. 2/2016, the GB Supreme Appellate 
Court passed a series of adverse orders against PTDC. The 
petitioner seeks, inter alia, that the proceedings be declared 
illegal, unconstitutional and coram non judice and be quashed.   
 
xii. 
In Constitutional Petition No.30/2017, the Federal Board of 
Revenue, Islamabad, Pakistan (petitioner) seeks a declaration by 
this Court that the GB Supreme Appellate Court exceeded its 
jurisdiction when in suo moto case No.11/2010 it passed 
orders issuing notices and orders to and against the petitioner, 
declaring the same to be unconstitutional, coram non judice 
and consequently quash the same; 
 
xiii. 
In Constitutional Petition No.61/2017, the petitioner is a 
representative body of Hotels and Restaurants in GB which 
seeks the implementation of the Al-Jehad Trust case (supra) 
which, inter alia, provides for the right of access to justice and 
independence of judiciary to the people of GB. Thus directions 
are sought from this Court to implement the same in letter and 
spirit; 
 
xiv. 
In Constitutional Petition No.49/2018, the Supreme Appellate 
Court of GB after taking cognizance of the matter vide 
judgment dated 13.7.2018 set aside the 2018 Order. The 
Federation of Pakistan through the instant petition seeks that 
the said judgment be set aside and such action of the said 
Court be declared unconstitutional and beyond its jurisdiction; 
 
Const.P. No.50/2018 etc. 
-: 8 :-
xv. 
In Constitutional Petition No.51/2018, the petitioner seeks the 
quashment of the impugned judgment wherein the GB 
Supreme Appellate Court declared the by-election held in 
petitioner’s constituency to be void, illegal and without any 
legal authority, thus it was set aside seeking inter alia that: (1) 
the GB Supreme Appellate Court exceeded its jurisdiction by 
taking suo motu notice under Article 61 read with Article 95 of 
the 2009 Order; (2) suo motu notice was taken of a fact not 
pleaded in the lis; (3) the impugned judgement is per incuriam 
for having been rendered in derogation of the express words 
used in Article 61 of the 2009 Order; 
 
xvi. 
In Constitutional Petition No.55/2018, the petitioner, GB Bar 
Council, inter alia, seek that the 2018 Order be declared illegal, 
void ab initio and without legal authority; 
 
xvii. In Constitutional Petition No.50/2018, the Petitioners, Civil 
Aviation Authority seek that the declaration that the 
jurisdiction of the Chief Court in terms of article 71 of the 2009 
Order is only to the extent of the Government of GB therefore 
the 
latter 
does 
not 
have 
the 
jurisdiction 
to 
issue 
writs/directions to the former;  
 
xviii. In Constitutional Petition No.18/2018 the petitioner is a citizen 
of Pakistan after remaining in the permanent and pensionable 
service of the Armed Forces Medical College Rawalpindi. This is 
mainly 
a 
service 
dispute 
and 
the 
petitioner 
seeks 
implementation of the judgment of the Federal Service Tribunal 
against the Principal Public School & College, Jutial, Gilgit. The 
petitioner seeks quashment of the judgment passed in Writ 
Petition No.108/2017 filed by the respondents to be declared 
without 
lawful 
authority, 
coram 
non 
judice 
and 
not 
maintainable; and 
 
xix. 
In Constitutional Petition No.41/2018, the Federation of 
Pakistan through Secretary Ministry of Kashmir Affairs and 
Gilgit Baltistan Islamabad seeks quashment of the impugned 
judgment wherein the GB Supreme Appellate Court vide order 
dated 20.06.2018 stayed the operation of the 2018 Order and 
its implementation process was suspended till the decision of 
the suo moto taken by the said Court. 
Const.P. No.50/2018 etc. 
-: 9 :-
2. 
 
The following common but key questions stem from the 
foregoing factual background:- 
i. 
Would granting fundamental rights and a status, role and 
recognition to the people of GB within the constitutional 
scheme of Pakistan prejudice Pakistan’s cause for the 
resolution of the Kashmir dispute by such appropriate means 
as may be acceptable to Pakistan (which could, for example, be 
a United Nations sanctioned and supervised plebiscite)?   
 
ii. 
What rights can be granted to the people of GB? 
 
iii. 
Is the GB Supreme Appellate Court a constitutional court?  
 
To answer the foregoing questions, it is pertinent to examine some of the 
commitments made to the people of Jammu and Kashmir. Their importance 
is enhanced by some special provisions in the constitutions of both 
Pakistan and India. These constitutional provisions are not only a 
continuing reminder of those commitments but especially from Pakistan’s 
side most definitely and certainly reiterate its commitment to a peaceful 
resolution of the Kashmir dispute in accordance with International Law and 
the aspirations of the people of Kashmir.  
3. 
 
The Kashmir issue, starting as it did in the dying days of the 
British Raj and erupting and escalating into a dispute (and indeed armed conflict) 
shortly thereafter, became one of Partition’s defining moments. A process 
that could have produced two empowered, independent countries—
countries with a shared history and hopes of a productive and cooperative 
future—instead embroiled Pakistan in strife that it did not want and was 
not of its making. The origins of the dispute lay in the contrived (some might 
even say coerced) accession of Kashmir to India by the Hindu ruler of a Muslim 
majority state, which was contrary to the expectations of the population 
and to the basis professed to be preferred by the British for accession by 
Princely States. The resultant heroic uprising and resistance by the 
majority was but inevitable. Subsequent United Nations (UN) intervention 
Const.P. No.50/2018 etc. 
-: 10 :-
recommended, and Pakistan and India accepted, a de-escalatory approach 
leading up to calls for a plebiscite to determine the wishes of the people of 
the region. Successive Security Council Resolutions asked the UN to 
facilitate a “free and impartial plebiscite to decide whether the State of Jammu and 
Kashmir is to accede to India or Pakistan.” 
4. 
 
What does require clarification is that the commitment to a 
plebiscite was, at least ostensibly, echoed also from Indian side, perhaps in 
an attempt to calm the uproar around the obvious injustice of Maharaja 
Hari Singh’s alleged declaration of accession to India. Thus, the then Prime 
Minister of India, Pandit Jawaharlal Nehru unambiguously committed 
himself to the plebiscite arrangement. His telegrams to the Prime Ministers 
of Pakistan and the United Kingdom (UK) sought to create the impression 
that any Indian recognition of the Maharaja’s accession to India was only 
provisional and that the question of the future of Jammu and Kashmir (i.e., 
whether as part of Pakistan or India) would be determined by its own people after 
the restoration of law and order. What, after all, could (at least facially) be 
more unambiguous than Mr. Nehru’s telegram to the British Prime 
Minister, Clement Attlee where, in paragraph No.3, he committed that “I 
would like to make it clear that the question of aiding Kashmir in this emergency is not 
designed in any way to influence the State to accede to India. Our view which we have 
repeatedly made public is that the question of accession in any disputed territory or State 
must be decided in accordance with the wishes of people and we adhere to this view.”1 
[Emphasis supplied] This commitment of the Prime Minister of India was repeated 
and forwarded by the Prime Minister of Britain to the Prime Minister of 
Pakistan on 27th October, 1947 by stating that “He adds that he would like to 
make it clear that the question of aiding Kashmir in this emergency is not designed in any 
way to influence the State to accede to India.”2 
                                       
1 Reproduced in Modern History of Jammu and Kashmir: Ancient times to Shimla Agreement by J. C. 
Aggarwal, S. P. Agrawal (originally published in 1995, page 35, paragraph 3). 
2 Kashmir: The Case for Freedom By Tariq Ali, Arundhati Roy, Pankaj Mishra, Hilal Bhatt, Angana P. 
Chatterji (originally published in 2011, page 125). 
Const.P. No.50/2018 etc. 
-: 11 :-
5. 
 
Mr. Nehru continued his protestations of supporting the right 
of the Kashmiri people to so decide their future in direct communications 
with Pakistan’s leaders. Thus in his telegram of 28th October, 1947 to Mr. 
Liaquat Ali Khan, Mr. Nehru reiterated that:- 
 
“In regard to accession also it has been made clear that this is 
subject to reference to people of State and their decision. The 
Government of India have no desire to impose any decision 
and will abide by people's wishes.”3 
 
Similarly, in his telegram of 31st October, 1947 to the Prime Minister of 
Pakistan, the Prime Minister of India reasserted as follows:-  
 
“Our assurance that we shall withdraw our troops from 
Kashmir as soon as peace and order are restored and leave 
the decision regarding the future of this State to people of the 
State is not merely a pledge to your Government but also to the 
people of Kashmir and to the world.”4 
 
Mr. Nehru’s claims of sincerity in empowering the people of Kashmir to so 
decide their future continued unabated. In his telegram of 4th November, 
1947 to the Prime Minister of Pakistan, Mr. Nehru declared, yet again that:-  
 
“I wish to draw your attention to broadcast on Kashmir which 
I made last evening. I have stated our Government's policy and 
made it clear that we have no desire to impose our will on 
Kashmir but to leave final decision to people of Kashmir. I 
further stated that we have agreed on impartial international 
agency like United Nations supervising any referendum. This 
principle we are prepared to apply to any state where there is 
a dispute about accession.”5 
 
                                       
3 Modern History of Jammu and Kashmir: Ancient times to Shimla Agreement By J. C. Aggarwal, S. P. 
Agrawal (originally published in 1995, page 41). 
4 Regional and Ethnic Conflicts: Perspectives from the Front Lines By Judy Carter, George Irani, Vamik D 
Volkan (originally published in 2009, page 44).  
5 Quoted in “Unravelling the Kashmir Knot” by Aman M. Hingorani (originally published in May 2016). 
Const.P. No.50/2018 etc. 
-: 12 :-
Mr. Nehru’s claims of fealty to the rights to the Kashmiris were echoed by 
his government's representatives. The Indian representative to the UN, Mr. 
Gopalaswami Ayyangar, made a policy statement in the UN Security 
Council on 15th January, 1948 where he claimed that India desired “only to 
see peace restored in Kashmir and to ensure that the people of Kashmir are left free to 
decide in an orderly and peaceful manner the future of their State. We have no further 
interest, and we have agreed that a plebiscite in Kashmir might take place under 
international auspices after peace and order have been established.”  
6. 
 
It was on the basis of such assurances that the UN Security 
Council passed resolutions on 17th and 20th January, 1948 establishing the 
UN Commission for India and Pakistan (UNCIP). The UNCIP was directed to 
investigate the facts and to report its advice. On 6th February, 1948, the 
Security Council made an appeal to both parties to agree on a just 
settlement of the Kashmir problem, to put an end to violence and hostilities 
and to withdraw all regular and irregular forces who had entered the State 
from outside. These resolutions were supplemented by a comprehensive 
resolution passed on 21st April, 1948 and the UNCIP’s resolutions of 13th 
August, 1948 and 5th January, 1949. Truce was declared on 1st January, 
1949. However, rather than adopting the process of demilitarization as 
envisaged in the aforesaid resolutions India has made the area that it holds 
in Kashmir as one of the most militarized areas in the world.  
7.  
 
We have taken the liberty of citing at length from the 
statements of the Indian leadership because it is important to understand 
that the concept of the international nature of the Kashmir dispute was not 
a demand put forth merely by Pakistan. To the contrary, the repeated 
statements of Mr. Nehru make clear that the right of self-determination of 
the Kashmiri people was a right acknowledged, promoted and committed to 
by the Government of India as well as the Government of Pakistan and 
embraced and sanctified by the international community through the UN. 
Const.P. No.50/2018 etc. 
-: 13 :-
8. 
 
Commitments of this nature ought to be inviolable. Pakistan 
has certainly not resiled from its commitments—whether to the people of 
Kashmir or the international community. However, and this is a sad but 
hard reality, despite the passage of seven decades the promised plebiscite 
has yet to be held and the territory of Kashmir continues to remain 
divided—Jammu and Kashmir under the Indian Constitution, increasingly 
subsumed into India (hereinafter referred to as “Indian Occupied Kashmir” or “IOK”) on 
the one hand, and the State of Azad Jammu and Kashmir (hereinafter referred to 
as “AJK”) and the territory of GB on the other.  
9. 
 
Over the decades the trajectories of the divided region have 
diverged. The part under Pakistan’s administrative control (i.e., GB)—subject 
to the writ of the Constitution of the Islamic Republic of Pakistan, 1973 (the 
Constitution)—and that aligned with Pakistan (i.e., AJK) have progressed (though 
perhaps not as swiftly or as much as Pakistanis would have desired) and remained largely at 
peace, while the portion of Kashmir under Indian control has been 
convulsed with resistance and rebellion—expressions of popular sentiment 
that have been met with ever worsening repression and suppression.  
10. 
 
The situation at present in IOK is dire. To reach such 
conclusion we need not turn to any official document or statement from 
Pakistan. Reliance can be placed upon the most recent report of the Office 
of the UN High Commissioner for Human Rights (OHCHR) issued in the 
summer of 2018 which pulls no punches and is damning. It notes 
widespread allegations of “human rights violations [that] include torture and custodial 
deaths, rape, enforced disappearances and extrajudicial killings.” With some 500,000 
to 700,000 troops in the territory, the OHCHR report noted that “Indian 
Kashmir” is “one of the most militarized zones in the world.” “Impunity for human rights 
violations and a lack of access to justice” are just a few of the human rights 
challenges in IOK. This impunity is sanctioned and promoted by such 
draconian laws as the Armed Forces (Jammu and Kashmir) Special Powers 
Act, 1990 (AFSPA) that grants broad powers to the security forces and 
Const.P. No.50/2018 etc. 
-: 14 :-
effectively bestows immunity from prosecution in civilian courts for their 
conduct by requiring the central government to sanction all prospective 
prosecutions prior to being launched. As per the OHCHR, the law “gives 
virtual immunity against prosecution for any human rights violation. In the nearly 28 years 
that the law has been in force in Jammu and Kashmir, there has not been a single 
prosecution of armed forces personnel granted by the central government.” The 
provisions of AFSPA fly in the face of the most basic international norms 
and conventions. For example, section 4 thereof allows any personnel 
operating under the law to use lethal force not only in cases of self-defence 
but also against any person contravening laws or orders “prohibiting the 
assembly of five or more persons.” The use of pellet guns is regarded as directly 
responsible for the blinding, and thus incapacitation, of hundreds of 
Kashmiri youth. Others have been bound, in some of the most bizarre 
sights of the modern era, in front of military vehicles, self-evidently as so-
called “human shields” against stones lobbed by unarmed youth facing the 
terrible might of one of the world’s largest and most well-equipped armies.  
11. 
 
In contrast, circumstances on the Pakistan side of the Line of 
Control (LOC) are markedly better. Tellingly, the OHCHR Report devotes 
most of itself to the situation in Indian-held Kashmir. There is of course an 
obvious and understandable reason for this. In all of the seven decades 
since Independence even when Pakistan itself was caught in, and 
convulsed by, turmoil of the most tragic nature, there was always an 
obvious and popular acceptance of, and for, Pakistan by the people, both in 
AJK and GB. On the Indian side however state sanctioned violence seems 
to go on and on.  
12. 
 
As acknowledged by the OHCHR Report, AJK is neither a police 
state, nor are military laws or rules in place. Basic rights are available to 
the population and most elements of due process exist. Relative to IOK, the 
region is empowered, peaceful and prosperous. But a relative 
improvement as compared with the dire situation across the border is 
Const.P. No.50/2018 etc. 
-: 15 :-
not the standard that Pakistan should ever be satisfied with. Nor is this 
Court prepared to tolerate or condone any violation of human rights on 
this side of the prevailing divide even though those breaches involve no 
violence as reported from the other side. We should seek to hold 
ourselves to the highest standards of conduct in relation to the 
territories for which Pakistan bears responsibility. In this context, there 
is always more work to be done. 
13. 
 
As noted, Pakistan has responsibilities in relation to two 
regions: AJK and GB. In 1948, UNCIP recognized the existence of local 
authorities (as distinct from the Government of Pakistan) for the territories. We are 
of course here concerned with GB alone. The region has not been 
incorporated into Pakistan as it is considered to be a part of the disputed 
State of Jammu and Kashmir. However, it has always remained 
completely under Pakistan’s administrative control.  
14. 
 
For the governance of the region, a series of administrative 
structures and laws have been applied to GB since 1947. These have 
included the following (up to 1999):- 
 
Year Legal instrument 
Description  
1947 
Frontier Crimes 
Regulations (FCR) 
implemented  
First law to be enforced was a continuation of the colonial law 
of FCR. Under this British law for the tribal areas and GB, a 
civil bureaucracy exercised all judicial and administrative 
power. 
 
1949 
Karachi 
Agreement  
On 28th April, 1949, officials of the Pakistan Government met 
with those of the AJK Government to ink the Karachi 
Agreement. Under this accord, it was agreed that the affairs of 
Gilgit would be run by the Pakistan Government. It appears 
that no leader from Gilgit was included in this agreement.6  
 
1950 
Ministry of 
Kashmir Affairs 
and Northern 
Areas created  
Affairs of Northern Areas handed over to the Ministry of 
Kashmir Affairs and Northern Areas (KANA). Joint Secretary 
of the Ministry of Kashmir Affairs has been performing duties 
of Resident in the Northern Areas with all administrative and 
judicial authority since 1952.7 
 
1952 
Political Resident 
Appointed  
Joint Secretary of the Ministry of Kashmir Affairs who 
headed the local administration 
and judiciary; was 
responsible for enforcement of the FCR and was also the 
                                       
6 Information retrieved from http://gbla.gov.pk/page/history#advocuncil. 
7 AJK and Gilgit-Baltistan, Journal of Contemporary Studies, Vol. V, No. 1, Summer 2016, at page 80, 
paragraph 2, available at: https://ndu.edu.pk/fcs/Publications/fcsjournal/JCS_2016_summer/5.AJK-and-Gilgit-
Baltistan.pdf. 
Const.P. No.50/2018 etc. 
-: 16 :-
financial and revenue commissioner. The Resident also 
exercised legislative powers in the Northern Areas in 
consultation with the Federal Government.8 
 
1967 
Political Agents 
appointed  
KANA transferred powers of the High Court and Revenue 
Commissioner to the Resident and appointed two Political 
Agents, one each for Gilgit and Baltistan.9 
 
1970 
Advisory Council 
for Northern Areas 
Council 
Constitutional 
Order   
Between Pakistan and the Azad Kashmir Government. 21 
elected and non-elected members headed by the then 
Resident for GB as Chairman under KANA Division O.M. 
No.NA-1(6)/70 dated 18th November, 1970. 16 members of 
Northern Areas Advisory Council (NAAC) were elected in 
1970.10 
 
1975 
Northern Areas 
Council Legal 
Framework Order 
1975 
 
FCR Abolished  
Major administrative, judicial and political reforms were 
introduced. The jagirdari nizam was abolished. GB was 
transformed into districts like those in Pakistan. The FCR 
was abolished, and the civil and criminal law was 
extended to the Northern Areas. The Advisory Council 
for Northern Areas was replaced by Northern Areas Council 
(NAC).11 
1994 
Northern Areas 
Council Legal 
Framework Order 
(LFO) of 1994 
Administrative instrument devised by KANA, supplemented 
by the Northern Areas Rules of Business (NARoB) (also of 
1994) serving as a sort of basic law but with only limited 
advisory functions devolved on the council.12 
 
1999 
Al Jehad Trust 
judgment (1999 
SCMR 1379)  
This Court declared it could not prescribe a form of 
government for the region, nor could it direct that the region 
be represented in the Parliament since that could undermine 
Pakistan’s stand on Kashmir. It left such issues to the 
Federal Government and the Parliament. However, it 
directed the Government to take “proper administrative and 
legislative steps” to ensure that the people of the Northern 
Areas 
enjoyed 
their 
rights 
under 
Pakistan's 
Constitution.13 
 
1999 
Northern Areas 
Council Legal 
Framework 
(Amendment) 
Order, 1999 
The Northern Areas Council was renamed as the Northern 
Areas Legislative Council (NALC) which was given the 
powers to legislate on 49 subjects. The post of Speaker and 
three women seats were also created.14 
 
 
15.   
As of today, the situation ultimately to emerge both for AJK 
and GB, as also of course for the rest of the erstwhile State, is enshrined in 
the aspiration expressed in Article 257 of the Constitution, which provides 
that “When the people of the State of Jammu and Kashmir decide to accede to Pakistan, 
                                       
8 Ibid at paragraph 2. 
9 Supra. 
10 Information retrieved from http://gbla.gov.pk/page/history#advcouncil. 
11 Information retrieved from http://gbla.gov.pk/page/history#advcouncil. 
12 Volume 7, page 108, paragraph 35. 
13 Volume 7, Pg 108, Paragraph 36. 
14 Information retrieved from http://gbla.gov.pk/page/history. 
Const.P. No.50/2018 etc. 
-: 17 :-
the relationship between Pakistan and that State shall be determined in accordance with the 
wishes of the people of that State.” 
16. 
 
Be that as it may, in 1999, this Court in the seminal judgment 
reported as Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate 
and 9 others Vs. Federation of Pakistan through Secretary, Ministry of 
Kashmir Affairs, Islamabad and 3 others 1999 SCMR 1379 directed the 
Pakistan Government to extend fundamental freedoms to the Northern 
Areas (now of course referred to as GB) within six months. The judgment declared 
that Pakistan exercised both de facto and de jure administrative control 
over the Northern Areas. This Court ruled that the people of the region were 
“citizens of Pakistan for all intents and purposes...and could invoke constitutionally 
guaranteed fundamental rights.” (at page 1393) The ruling emphasized that the 
people of the Northern Areas were “entitled to participate in the governance of their 
area and to have an independent judiciary to enforce...Fundamental Rights.” (at page 1396). 
17. 
 
This Court has thus been sensitive for a long time to the 
fundamental rights of the people of GB. At the same time it was recognized 
that in the prevailing circumstances the Northern Areas’ Legislative Council 
could not simply be equated with a Provincial Government. The problem 
clearly required a resolution. However, there was no immediate follow-up to 
the judgment passed in the Al-Jehad Trust case (supra) as the Executive 
procrastinated. But after the lapse of a decade, the Federal Government 
promulgated the 2009 Order which, it argued, would establish a system of 
full internal governance in GB. The 2009 Order was a step towards the 
empowerment of the people of GB, but was not a complete solution. Thus, 
the Human Rights Commission of Pakistan (HRCP) emphasized, in a 2016 
report based on a fact-finding mission, that the 2009 Order “falls short of 
providing a democratic system in which the people of Gilgit-Baltistan could enjoy the rights 
available to other Pakistan citizens.” Other deficiencies noted in the report 
included, in part, that it (the 2009 Order) did not guarantee the right to 
protection against double punishment nor a right to information and the 
Const.P. No.50/2018 etc. 
-: 18 :-
right to education. According to the report, discrimination on the basis of 
sex was not prohibited nor was the State obliged to take affirmative action 
in favour of women and children. This situation appears to be most 
unsatisfactory to this Court. Even though some rights are indeed available 
in GB, albeit under laws such as the Pakistan Penal Code and the Code of 
Criminal Procedure, 1898 (CrPC), and are given effect by the respective 
courts, these are not protected under any overarching framework of a 
constitutional nature. This therefore remains unsatisfactory. Perhaps 
unsurprisingly, the 2009 Order failed to fully address the aspirations of the 
people of GB for full empowerment and representation. Reflecting this 
discontent, the GB Legislative Assembly passed a unanimous resolution in 
August 2015 demanding that the region be included in Pakistan as a 
constitutional Province with representation in Parliament. The desire of the 
people of GB to participate fully in the national life of Pakistan is palpable. 
The HRCP mission had noted that “a large number of people living in Gilgit-
Baltistan aspire to have full rights as citizens of Pakistan. They argue that whenever it suits 
the federal government they are viewed as Pakistanis but when they ask for equal rights 
they are reminded of their controversial constitutional status.” [Emphasis supplied] 
18. 
 
The division of Kashmir has dragged on for more than seven 
decades. Given continued Indian policy to deny a plebiscite, it is possible 
that it may persist for a considerable further period. Under these 
circumstances, it is surely a denial of fundamental rights to have the people 
of GB linger on in legal limbo—deprived of rights simply because they await 
a future event that may not practically occur within their individual 
lifetimes. Quite obviously, the question of fundamental rights cannot be 
addressed in isolation. Such rights do not hang in the air. In order to have 
meaningful life and force, they must be embedded in (thereby drawing support and 
sustenance from, and in turn, fertilizing and enhancing) a properly articulated system of 
governance of a constitutional nature. These two—fundamental rights and 
a system of governance—of necessity go hand in hand. The former without 
Const.P. No.50/2018 etc. 
-: 19 :-
the latter is not possible and only desirable, and the latter without the 
former, though possible, is not desirable. To attempt to put in place one but 
not the other would be a lopsided exercise, lacking the proper balance that 
must exist. Fortunately, a path forward is already available in the 
recommendations of the Committee on Constitutional and Administrative 
Reforms in GB (Committee) constituted by the Prime Minster in 2015. The 
Committee, which submitted its report in March 2017, was tasked with 
reviewing the constitutional and administrative arrangements in GB and 
recommending reforms, as well as reviewing the existing internal 
arrangements of the region. The Committee was led by the veteran civil 
servant and former Foreign Minister Mr. Sartaj Aziz. The report of the 
Committee concluded that further reforms were required to enhance the 
sense of participation of the people of GB and to upgrade the standard of 
governance and public service delivery. At the same time, the Committee 
noted that the reforms proposed should not prejudice Pakistan’s 
principled position in the context of UN resolutions on Kashmir.  
19. 
 
We are in agreement with the conclusions of the Committee on 
both the above noted counts: (i) that there is a need for further substantive 
reforms to enhance the participation of GB's citizenry in governance; and 
(ii) that in no way and at no point should the proposed reforms prejudice 
Pakistan’s principled position regarding the status of Kashmir. Indeed, the 
latter point is of crucial importance and must guide and inform any and all 
recommendations regarding reforms in GB. It is within the context of the 
above framework that we must examine the recommendations of the 
Committee. The Committee recommended, in part, that:- 
i.  
GB be accorded a “provisional” and special status of a Province 
pending final settlement of the Jammu and Kashmir dispute;  
 
ii.  
The region be given representation in the National Assembly 
and the Senate of Pakistan through amendments to Articles 51 
Const.P. No.50/2018 etc. 
-: 20 :-
and 57 of the Constitution, rather than an amendment to 
Article 1 thereof; 
 
iii.  
All legislative subjects other than those enumerated in Article 
142 of the Constitution and its Fourth Schedule be assigned to 
the GB Assembly; 
 
iv.  
GB be given representation in all constitutional bodies; and  
 
v. 
A robust local bodies system be introduced. 
 
The Committee also suggested broad reforms in other key areas including 
infrastructure development, socio-economic uplift and the civil service. 
20. 
 
We are cognizant of the fact that nothing this Court 
recommends or orders should affect the nature and status of the Kashmir 
issue. It is within this light that we have reflected upon the 
recommendations of the Committee with great care. We also recognize 
that some of the recommendations may require Acts of Parliament and 
even amendments to the Constitution. At the same time, we have also 
been comforted by the fact that the Committee itself was acutely aware of 
the 
sensitivities 
of 
the 
issue 
before 
it, 
and 
provided 
its 
recommendations only after considering their implications, if any, on the 
status of the Kashmir dispute. It must be emphasized that all the above 
measures must be predicated by the caveat that these are subject to the 
result of the plebiscite, which is duly recognized in Article 257 already 
alluded to above. The Committee’s recommendations have been considered 
in the backdrop of Pakistan’s international commitments and their 
constitutional endorsement. As a responsible member of the comity of 
nations Pakistan remains aware of its obligations in such terms. As and 
when the promised plebiscite is organized by the parties to the dispute, it 
will be up to the people of all of Jammu and Kashmir, and of GB, to make 
their choice. Till then, it is surely incumbent upon both India as well as 
Pakistan to ensure that the people of this region enjoy maximum rights for 
Const.P. No.50/2018 etc. 
-: 21 :-
areas within each country’s control. Therefore, till such time that the 
plebiscite is held, a proper arrangement must be provided for by 
Pakistan for the people of GB for purposes of governance within a 
framework of a constitutional nature, including most importantly the 
enjoyment of fundamental rights.  
21. 
 
This Court has already held in the case of Al-Jehad Trust 
(supra) that the people of GB are “citizens of Pakistan for all intents and 
purposes...and could invoke constitutionally guaranteed fundamental rights” and 
emphasized that they were “entitled to participate in the governance of their area 
and to have an independent judiciary to enforce...Fundamental Rights.” (at page 1393) 
This Court’s observations in the noted case find expression in the 
Committee’s report which distinguishes between the (yet to be finally resolved) 
status of GB, and the legitimate aspirations of the people of the region to 
participate in national life. It is clear that granting full rights to them 
does not in any way prejudice the eventual determination of the status of 
Jammu and Kashmir. A state of vacuum cannot be created for the people 
of GB. They, after all, are as entitled to all the fundamental rights as are 
enjoyed by others. Therefore there can be no prejudice to Pakistan’s 
position on the plebiscite issue if the men, women and children living in 
GB are guaranteed basic human rights and a role in their own 
governance within a framework of a constitutional nature. Indeed, full 
rights for the people of GB can only bolster Pakistan’s case for the right of 
self-determination for all the people of Kashmir. Pakistan has the 
principled position that the people of Kashmir deserve to exercise all 
fundamental rights including the right of self-determination in terms 
of the plebiscite, the promise of which remains yet to be actuated. 
22. 
 
Regrettably, this latter right is not solely within Pakistan’s 
own prerogative to proffer. It is a right that can only be exercised with the 
participation of India and the international community through the UN. 
However, Pakistan does have the ability to itself empower the people of 
Const.P. No.50/2018 etc. 
-: 22 :-
GB with all those fundamental rights that Pakistanis enjoy, without the 
involvement of India or the international community, and without 
prejudice to the right of self-determination through a plebiscite of all the 
people of Jammu and Kashmir. These rights for GB residents would 
include the right to representation as well as all other rights enjoyed 
by the citizens of Pakistan. In conferring these rights Pakistan is not only 
discharging its obligations to the people in the territory that it controls and 
administers, it is also making a loud and clear statement in favour of 
providing all rights to all the people of Kashmir. As such, its actions can 
only strengthen the case for self-determination of Kashmir in accordance 
with the commitment to ensure exercise of all fundamental rights. It may 
be mentioned clearly, and without any ambiguity, that the most 
fundamental and basic right, the right of self-determination is for all the 
people of Jammu and Kashmir, and it remains a matter of satisfaction 
that their right to choose through a plebiscite remains a solemn 
commitment. That is why we hold that the Committee’s recommendations 
relating to the provision and enforcement of fundamental rights provided 
by the Constitution must be implemented immediately and with full force 
and effect. As a matter of law as well as morality, there should be no 
discrepancy in the fundamental rights available to those in GB relative to 
Pakistani citizens anywhere in the country. As for a framework for 
governance, of a constitutional and political nature, for GB we are of the 
view that the right to self-government through an empowered GB 
Assembly as well as a robust system of local bodies is entirely 
uncontroversial and must be enforced as early as possible. 
23. 
 
We hold the above while yet again emphasizing our considered 
view that these changes do not in any way prejudice or affect Pakistan’s 
principled stance on Kashmir. As such, these reforms are by definition 
provisional until the time when the people of Kashmir exercise their right of 
self-determination under the plebiscite. They have been deprived of this 
Const.P. No.50/2018 etc. 
-: 23 :-
choice for far too long and at far too great a cost. Our judgment today 
merely states and upholds the obvious—that the parties to the Kashmir 
issue have an obligation to hasten the final resolution of this dispute and 
until that takes place, we must do everything in our power to minimize the 
suffering that this region has had to bear on account of its prolonged 
division. 
24. 
 
Another question before this Court is whether the GB Supreme 
Appellate Court lacks the judicial power and jurisdiction to suspend, set 
aside or vary an Order promulgated by the President of Pakistan for the 
governance of GB, i.e., the 2018 Order or any Order amending, 
substituting or replacing the same. Now, given the present status of GB, 
i.e., as a region that is fully within the administrative control of Pakistan, 
and where Pakistan functionally exercises all aspects of sovereignty, it is 
clear that the Federation (i.e., Parliament and the Federal Government) is fully 
empowered to make arrangements for the governance of the region. This 
power extends to enacting and putting into place, whether on the executive 
side by means of an Order promulgated by the President or on the 
legislative side by an Act of Parliament, a framework and system of 
governance that is of a constitutional nature. The 2018 Order was issued 
in exercise of these powers, and the courts in GB were created under 
the same. The question now being considered can be put in more general 
terms: what would be the position (i.e., status, powers and jurisdiction) of the 
judicial, legislative and executive organs established by an instrument of 
the nature of the 2018 Order? In accordance with well-established 
principles of law, the GB legislature would only have such powers as are 
conferred upon it by the Federation through the Proposed Order. The 
courts created by such Order shall have the power to judicially review the 
laws enacted by such legislature. Of course, the organs created by the 
2018 Order, and especially any legislative body, would be bound not 
merely by the Order, but also by the Constitution (under which the Order itself 
Const.P. No.50/2018 etc. 
-: 24 :-
came into existence). For the present purposes, the more immediate point is 
that a court created by the 2018 Order, such as the GB Supreme 
Appellate Court or the Chief Court, can examine whether the GB 
Assembly has exceeded the remit of its competence as conferred by the 
Order (when, e.g., enacting a law), and can declare it to be ultra vires the same. 
However, this jurisdiction is of necessity territorially bound. It can only 
apply and operate in relation to GB, and to things done or purported to 
be done under the 2018 Order. It cannot extend to any matter beyond or 
outside GB, or the vires or validity of the 2018 Order itself. The 
jurisdiction of a GB court of the sort being considered in the present 
context is confined to the territory of GB. Therefore, it may be concluded 
that the intention was to give the GB Supreme Appellate Court and the 
Chief Court the status of a “constitutional” court within the ambit of GB 
and the 2018 Order, but confining the scope to interpreting and 
implementing the said Order and conducting judicial review within the 
territory of GB in this regard. It is thus a “constitutional” court inasmuch 
as it has the jurisdiction to strike down any law made by a GB legislature 
on the recognized concept of ultra vires. But it would not be in a position 
to question, in any manner and on any ground whatsoever, the very law 
that created it. This view is bolstered by the fact that an ouster clause has 
been inserted as Article 118 of the 2018 Order, whereby the GB courts 
have been restrained from calling into question the validity of the 2018 
Order. The said Article reads as under:- 
 
“118. Order to override other laws, etc.– (1) The provision of 
this Order shall have effect notwithstanding anything 
contained in the provisions of any law for the time being in 
force except that in case of conflict between the laws of 
Pakistan and the law framed under this Order, the laws of 
Pakistan shall prevail. 
 
Const.P. No.50/2018 etc. 
-: 25 :-
(2) 
No Court, including the Gilgit-Baltistan Supreme 
Appellate Court and the Gilgit-Baltistan High Court, shall 
call into question or permit to be called into question, the 
validity of this Order.” 
 
25. 
 
Therefore it may be concluded that the GB Court does not sit 
as a court having the power of judicial review in respect of the territory of 
Pakistan, nor can it declare Orders made or legislation passed by the 
President or the Parliament as ultra vires, nor can it initiate judicial review 
of departments working outside of GB. Instead, the 2018 Order can be 
challenged by, inter alia, the people of GB, but only before this Court, either 
under Article 184 of the Constitution or in the manner herein after 
provided.  
26.   
We now turn to a question of importance, which is crucial for 
the success of the project of creating a framework of governance for GB of a 
constitutional nature. Any framework of such a nature necessarily implies, 
and indeed it could be said demands, a degree of continuity in the manner 
provided in the Proposed Order (hereinafter referred to). Otherwise, what good is 
it? Of what value are the fundamental rights enshrined in such a 
framework, and how independent can a judiciary created thereby be, if the 
structure is impermanent, and even ephemeral? This is all the more so 
where the framework is put in place in exercise of executive authority, by 
means of an Order promulgated by the President. Such an Order can be 
put in place, as it were, with a stroke of the pen, but likewise instantly cast 
into oblivion. Indeed, the manner in which the 2009 Order was replaced by 
the 2018 Order is a telling illustration of the point now under 
consideration. During the course of the hearing of these petitions, and in 
light of the submissions by various learned counsel and the observations of 
the Court, the Federal Government constituted a committee shepherded by 
the learned Attorney General, to review the entire matter, and place before 
the Court a draft of a fresh Order for the governance of GB. This was duly 
Const.P. No.50/2018 etc. 
-: 26 :-
done, and the draft so placed was examined by the Court in light of the 
submissions made before it. In our view, that draft, as modified in the 
manner hereinafter stated, does provide a suitable framework in the hue of 
constitutional nature for the governance of GB. The Federal Government 
stands committed to promulgating the same (hereinafter referred to as the “Proposed 
Order”), in substitution of the 2018 Order. However, the question of 
permanence remains. It is this point that must now be considered.  
27.   
As noted above, the matters before us have been instituted 
under Article 184(3) of the Constitution. The jurisdiction thereby conferred 
upon this Court has been considered in a number of decisions, which have 
settled a well-known jurisprudence that requires no elaborate rehearsal. 
There is also Article 187 of the Constitution, which confers a special 
jurisdiction on this Court. As the text of Article 184(3) supra indicates, this 
Court can give “such directions to any person or authority including any Government… 
as may be appropriate for the enforcement of any of the Fundamental Rights conferred by 
Chapter 1 of Part II” of the Constitution. It is now well settled that this 
constitutional power, within the scope of the grant, is not just plenary; it is 
also dynamic and flexible. Indeed, if we may adapt (in a somewhat modified 
manner) for present purposes a famous metaphor used by the Privy Council 
in relation to the Canadian constitution, in granting fundamental rights the 
Constitution has planted a “living tree capable of growth and expansion”. 
Understandings of both the nature of fundamental rights, and what must 
be done to ensure their meaningful enjoyment in full, have developed and 
evolved over the decades and will undoubtedly continue to do so in times to 
come. Thus, to take but one example, the meaning of the right to life 
conferred by Article 9 of the Constitution has developed in a manner that 
would, perhaps, be breathtaking for previous generations. The categories 
and varieties of cases involving or raising issues of fundamental rights of 
public importance can never be closed. They are shaped by the human 
condition and the vagaries of the human experience, which by its very 
Const.P. No.50/2018 etc. 
-: 27 :-
nature is limitless. This is not to say that the scope of the constitutional 
power is, as a matter of law, boundless, but only to stress that any artificial 
straitjacketing, based on preconceived notions or whatever passes for 
orthodoxy or received wisdom in a particular age, is to be avoided. Now, 
precedent is too often perceived as a limitation. Certainly, at least in the 
common law tradition, it is a defining characteristic of judicial power. It 
should however, perhaps also be given greater recognition as a useful tool 
in the judicial arsenal. It must never be forgotten that while we are 
certainly tied to the past we are not shackled by it. And this is perhaps all 
the more so when the jurisdiction is of the nature as conferred by Article 
184(3) supra. To this must be added the power conferred on this Court 
under Article 187 supra, to “issue such directions, orders or decrees as may be 
necessary to do complete justice” in any pending case or matter. Keeping these 
provisions in mind, and the special nature of the issue before us—the 
settling of a framework, of a constitutional nature, for the governance of 
GB—we are of the view that our jurisdiction extends to the giving of 
suitable directions to the Federation, both to promulgate the Proposed 
Order and also for ensuring its continuity. It is only in this way that 
fundamental rights can be granted to the people of GB in the meaningful 
and realistic manner envisaged by this Court in the case of Al-Jehad 
Trust (supra). At the same time, as indeed was accepted on behalf of the 
Federation, the directions that we can give extend to making certain 
modifications in the Proposed Order, again in order to properly effectuate 
the objective sought to be achieved. It is in the foregoing terms that we 
have, indeed, made certain modifications to the Proposed Order, which 
have been incorporated therein, and have also for convenience been 
gathered in the appendix to this judgment. 
28.   
Before concluding, we would like to make one last point. It is a 
matter of some concern that although this Court had articulated the basic 
position as regards the status and rights of the people of GB in the case of 
Const.P. No.50/2018 etc. 
-: 28 :-
Al-Jehad Trust (supra) two decades ago, the actual realization by the 
Executive of that expression has remained fitful at best. This is not 
acceptable. This Court has not hesitated in the past to give legal 
recognition to the aspirations of people who have unhesitatingly, 
enthusiastically (and, if we may put it like that, joyously) cast their lot with 
Pakistan right from the beginning. We do not hesitate now to take the 
matter further. Therefore, we do not just provide judicial imprimatur to 
the proposed framework: we also give it permanence, so that the people of 
GB have unassailable confidence that their rights, and the enjoyment 
thereof, is not subject to the whims and caprice of every passing majority, 
but are firmly grounded in the Constitution itself. And let it be clearly 
understood: we will not hesitate in future, should the need and occasion 
arise, to take, within our constitutional mandate, all such steps as may 
be required. The human rights jurisprudence of this Court has served, 
and will continue to serve, as the sheet-anchor of the liberties and rights 
of all the people. Those of Gilgit-Baltistan are no exception. 
29.   
Accordingly, we hereby direct and order as follows:- 
i. 
The Proposed Order, which (modified as noted above) is annexed to 
this judgment, shall be forthwith promulgated by the President 
on the advice of the Federal Government, and in any case 
within a fortnight hereof;  
 
ii. 
No amendment shall be made to the Order as so promulgated 
except in terms of the procedure provided in Article 124 of the 
same, nor shall it be repealed or substituted, without the 
instrument amending, repealing or substituting (as the case may be) 
the same being placed before this Court by the Federation 
through an application that will be treated as a petition under 
Article 184(3) of the Constitution. Nothing in this judgment 
shall be construed to limit the jurisdiction conferred on this 
Court by the Proposed Order itself; and 
 
Const.P. No.50/2018 etc. 
-: 29 :-
iii. 
If the Order so promulgated is repealed or substituted by an 
Act of Parliament the validity thereof, if challenged, shall be 
examined on the touchstone of the Constitution. 
 
30. 
 
In light of the foregoing, the instant matters are disposed of 
accordingly, save those petitions in which a specific order or judgment, of 
either the GB Supreme Appellate Court or the Chief Court, has been 
challenged. Such petitions (being only Constitution Petitions No.2/2016, 3/2016, 34/2016, 
6/2017, 30/2017, 18/2018, 50/2018 and 51/2018) shall be deemed pending and be 
treated and disposed of as the leave petitions envisaged under Article 103 
of the Proposed Order, when promulgated. Such petitions shall be listed in 
the normal course before an appropriate Bench. 
 
 
 
 
CHIEF JUSTICE 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Announced in open Court 
on 17.01.2019 at Islamabad 
Approved for Reporting 
M. Azhar Malik 
 
 
 
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
 
 
JUDGE 
 
 
No.F.13 (2)/2018-Admn(GBC) 
 GOVERNMENT OF PAKISTAN 
MINISTRY OF KASHMIR AFFAIRS AND 
GILGIT-BALTISTAN 
******** 
 
Islamabad, the          January, 2019 
 
AN 
ORDER 
 
to provide for further political empowerment and good governance in 
Gilgit-Baltistan  
 
 
WHEREAS the Federal Government intends to give Gilgit-Baltistan the 
status of a provisional Province, subject to the decision of the Plebiscite to be 
conducted under the UN Resolutions, with all privileges provided by the 
Constitution, however, a proper Constitutional Amendment needs to be made in 
the Constitution of the Islamic Republic of Pakistan. This needs two thirds 
majority in the Parliament and would take time. However, as an interim 
measure the Federal Government intends to give such Fundamental Right as 
given to the other Province. 
 
 
WHEREAS it is expedient to provide for greater empowerment so as to 
bring Gilgit-Baltistan at par with other provinces and to initiate necessary 
legislative, executive and judicial reforms for the aforesaid purposes; 
 
 
NOW, THEREFORE, the President of Islamic Republic of Pakistan is 
pleased to make the following Order:-  
 
1. 
Short title, extent and commencement.- (1) This Order may be 
called the Gilgit-Baltistan Governance Reforms, 2019.  
 
(2) 
It extends to whole of the Gilgit-Baltistan.   
 
(3) 
It shall come into force on at once.      
 
 
2
PART - I 
PRELIMINARY 
2. 
Definitions.-  (1) In this Order, unless there is anything repugnant in the 
subject or context.- 
(a) 
“Assembly” means the Gilgit-Baltistan Legislative Assembly; 
(b) 
“Citizen” means a person who has a domicile or resident of Gilgit-
Baltistan; 
(c) 
“Council” means the Gilgit-Baltistan Council constituted under 
this Order; 
(d) 
“Chairman” means the Chairman of the Council who shall be the 
Prime Minister of Pakistan; 
(e) 
“Federation” means the Federal Government of Islamic Republic 
of Pakistan; 
(f)  
“Financial year” means the year commencing on the first day of 
July and ending on the thirtieth day of June;  
(g) 
“Gilgit-Baltistan” means the areas comprising districts of Astore, 
Diamer, Ghanche, Ghizer, Gilgit, Hunza, Nagar, Skardu, Shigar, 
Kharmang and such other districts as may be created from time to 
time; 
(h) 
“Governor” means the Governor of Gilgit-Baltistan and includes 
a person for the time being acting as Governor; 
(i) 
“Government” means the Government of Gilgit-Baltistan  
(j) 
“Joint Sitting” means a joint sitting of the Assembly, the Federal 
Minister in-charge of the Council Secretariat and the members of 
the Council;  
(k) 
“Judge” in relation to the Gilgit-Baltistan Supreme Appellate 
Court or the Gilgit-Baltistan Chief Court, includes the Chief Judge 
of the Gilgit-Baltistan Supreme Appellate Court and the Chief 
Court; 
(l) 
“person” includes any body politic or corporate;  
(m) 
“prescribed” means prescribed by law or rules made there under; 
(n) 
“President” means the President of Islamic Republic of Pakistan; 
(o) 
“Property” includes any right, title or interest in property, 
movable or immovable, and any means and instruments of 
production; 
(p) 
“remuneration” includes salary and pension;  
 
 
3
(q) 
“Service” means the Service of Pakistan, Service of Gilgit-
Baltistan and Service of Azad Jammu and Kashmir; 
(r) 
“Service of Gilgit-Baltistan” means any service, post or office 
in connection with the affairs of Gilgit-Baltistan, but does not 
include service of Council, service as Governor, Speaker, Deputy 
Speaker, Chief Minister, Minister or Advisor, Parliamentary 
Secretary, Advisor to the Minister or a member of the Assembly;  
(s)  
“Service of Council” means any service, post or office in 
connection with the affairs of Gilgit-Baltistan Council which shall 
be the service of Pakistan, but does not include service as the 
Chairman of the Council, Advisor to Chairman, Member of the 
Council, Chairman of the Council's Committees; 
(t) 
“Speaker” means Speaker of the Assembly and includes any 
person acting as the Speaker of the Assembly; and 
(u)  
“Supreme Court of Pakistan” means the Supreme Court as 
defined by the Constitution of the Islamic Republic of Pakistan, 
1973; 
(v) 
“Vice Chairman of the Council” means the Governor of Gilgit-
Baltistan. 
 
3.  
Elimination of exploitation.- The Government shall ensure the 
elimination of all forms of exploitation and the gradual fulfillment of the 
fundamental principle, from each according to his ability to each according to 
his work.  
 
4.  
Right of individuals to be dealt with in accordance with law, 
etc.- (1) To enjoy equal protection of law and to be treated in accordance with 
law is the inalienable right of every citizen, wherever he may be, and of every 
other person for the time being in Gilgit-Baltistan  
 
(2) In particular—  
(a) no action detrimental to the life, liberty, body, reputation or 
property of any person shall be taken except in accordance 
with law;  
(b) no person shall be prevented from or be hindered in doing that 
which is not prohibited by law; and  
 
4
(c) no person shall be compelled to do that which the law does not 
require him to do.  
 
5.  
Obedience to this Order.- Obedience to this Order and law is the 
inviolable obligation of every citizen, wherever he may be, and of every other 
person for the time being within Gilgit-Baltistan. 
 
PART - II 
FUNDAMENTAL RIGHTS  
6.  
Laws inconsistent with or in derogation of Fundamental 
Rights to be void.- (1) Any law, or any custom or usage having the force of 
law, in so far as it is inconsistent with the rights conferred by this part, shall, to 
the extent of such inconsistency, be void. 
 
 (2) The Government shall not make any law which takes away or 
abridges the rights so conferred by this Order and any law made in 
contravention of this clause shall, to the extent of such contravention, be void.  
 
(3) The Provisions of this Article shall not apply to any law relating to 
members of the Armed Forces, or of the Police or of such other forces as are 
charged with the maintenance of public order, for the purpose of ensuring the 
proper discharge of their duties or the maintenance of discipline among them 
and no such law nor any provision thereof shall be void on the ground that such 
law or provision is inconsistent with, or repugnant to, any provision of this Part.  
 
(4) The rights conferred by this Part shall not be suspended except as 
expressly provided by this Order.  
 
7. 
Security of person.- No person shall be deprived of life or liberty save 
in accordance with law. 
 
8.  
Safeguard as to arrest and detention.- (1) No person who is arrested 
shall be detained in custody without being informed, as soon as may be, of the 
grounds for such arrest, nor shall he be denied the right to consult and be 
defended by a legal practitioner of his choice.  
 
 
5
(2) Every person who is arrested and detained in custody shall be 
produced before the nearest Magistrate within a period of twenty-four hours of 
such arrest excluding the time necessary for the journey from the place of arrest 
to the Court of the Magistrate, and no such person shall be detained in custody 
beyond the said period without the authority of a Magistrate. 
 
 (3) Nothing in clause (1) and (2) shall apply to any person who is arrested 
or detained under any law providing for preventive detention.  
 
(4) No law providing for preventive detention shall be made except to deal 
with persons acting in a manner prejudicial to the integrity, security or defence 
of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or 
the maintenance of supplies or services, and no such law shall authorize the 
detention of a person for a period exceeding three months unless the Review 
Board has, after affording him an opportunity of being heard in person, reviewed 
his case and reported, before the expiration of the said period, that there is, in its 
opinion, sufficient cause for such detention, and, if the detention is continued 
after the said period of three months, unless the Review Board has reviewed his 
case and reported, before the expiration of each period of three months, that 
there is, in its opinion, sufficient cause for such detention.  
 
Explanation I.— In this article, "the Review Board" means, a Board 
appointed by the Chief Judge of the Supreme Appellate Court of Gilgit-Baltistan 
consisting of a Chairman, the Secretary of the Department concerned with Home 
Affairs and a person, who is or has been a Judge of the Supreme Appellate Court 
or the Chief Court.  
 
Explanation II.—The opinion of the Review Board shall be expressed in 
terms of the views of the majority of its members.  
 
(5) When any person is detained in pursuance of an order made under any 
law providing for preventive detention, the authority making the order shall, 
within fifteen days from such detention, communicate to such person the 
grounds on which the order has been made, and shall afford him the earliest 
opportunity of making a representation against the order:  
 
 
6
Provided that the authority making any such order may refuse to disclose 
facts which such authority considers it to be against the public interest to 
disclose.  
 
(6) The authority making the order shall furnish to the Review Board all 
documents relevant to the case unless a certificate, signed by a Secretary to the 
Government, to the effect that it is not in the public interest to furnish any 
documents, is produced.  
 
(7) Within a period of twenty-four months commencing on the day of his 
first detention in pursuance of an order made under a law providing for 
preventive detention, no person shall be detained in pursuance of any such order 
for more than a total period of eight months in the case of a person detained for 
acting in a manner prejudicial to public order and twelve months in any other 
case:  
 
Provided that this clause shall not apply to any person who is employed 
by, or works for, or acts on instructions received from, the enemy, or who is 
acting or attempting to act in a manner prejudicial to the integrity, security or 
defence of Pakistan or any part thereof or who commits or attempts to commit 
any act which amounts to an anti-national activity as defined in any law or is a 
member of any association which has for its objects, or which indulges in, any 
such anti-national activity.  
 
(8) The Review Board shall determine the place of detention of the person 
detained and fix a reasonable subsistence allowance for his family.  
 
(9) Nothing in this article shall apply to any person who for the time being 
is an enemy alien.  
 
9.  
Right to fair trial. For the determination of his civil rights and 
obligations or in any criminal charge against him a person shall be entitled to a 
fair trial and due process.  
 
 
7
10.  
Slavery and forced labour prohibited.- (1) No person shall be held in 
slavery, and no law shall permit or in any way facilitate the introduction into 
Gilgit-Baltistan of slavery in any form.  
 
(2) All forms of forced labour and traffic in human beings is prohibited.  
 
(3) No child below the age of fourteen years shall be engaged in any 
factory or mine or any other hazardous employment.  
 
(4) Nothing in this clause shall be deemed to affect compulsory service-  
(a) by persons undergoing punishment for offences under any law; 
or 
(b) required by any law for a public purpose.  
 
11.  
Protection against retrospective punishment.- No law shall 
authorize the punishment of a person-  
(a) for an act or omission that was not punishable by law at the 
time of the act or omission; or  
(b) for an offence by a penalty greater than, or of a kind different 
from, the penalty prescribed by law for that offence at the time 
the offence was committed.  
 
12.  
Protection against double punishment and self-incrimination. 
No person—  
(a) shall be prosecuted or punished for the same offence more than 
once; or  
(b) shall, when accused of an offence, be compelled to be a witness 
against himself.  
 
13.  
Inviolability of dignity of man, etc. (1) The dignity of man and, 
subject to law, the privacy of home, shall be inviolable.  
 
(2) No person shall be subjected to torture for the purpose of extracting 
evidence.  
 
14.  
Freedom of movement.- Every citizen shall have the right to remain 
 
8
in, and, subject to any reasonable restrictions imposed by law in the public 
interest, enter and move freely throughout Gilgit-Baltistan and to reside and 
settle in any part thereof.  
 
15.  
Freedom of assembly.- Every citizen shall have the right to assemble 
peacefully and without arms, subject to any reasonable restrictions imposed by 
law in the interest of morality or public order.  
 
16.  
Freedom of association.- (1) Subject to this Order, every citizen shall 
have the right to form association or unions, subject to any reasonable 
restrictions imposed by law in the interest of morality or public order.  
 
(2) No person or political party in the area comprising Gilgit-Baltistan 
shall propagate against, or take part in activities prejudicial or detrimental to the 
ideology of Pakistan.  
 
(3) Every citizen, not being in the Service, shall have the right to form or 
be a member of a political party, subject to any reasonable restrictions imposed 
by law in the interest of the sovereignty or integrity of Pakistan or any part 
thereof and such law shall provide that where the Government declares that any 
political party has been formed or is operating in a manner prejudicial to the 
sovereignty or integrity of Pakistan or any part thereof, the Government of Gilgit-
Baltistan shall, within fifteen days of such declaration, refer the matter to the 
Supreme Appellate Court whose decision on such reference shall be final.  
 
(4) Every political party shall account for the source of its funds in 
accordance with law.  
 
17.  
Freedom of trade, business or profession.- Every citizen possessing 
such qualifications, if any, as may be prescribed by law in relation to his 
profession or occupation shall have the right to enter upon any lawful profession 
or occupation, and to conduct any lawful trade or business:  
 
Provided that nothing in this article shall prevent-  
(a) the regulation of any trade or profession by a licensing system; 
or  
 
9
(b) the regulation of trade, commerce or industry in the interest of 
free competition therein; or  
(c) the carrying on, by Government or by a corporation controlled 
by Government, of any trade, business, industry or service, to 
the exclusion, complete or partial, or other persons.  
 
18.  
Freedom of speech.- Every citizen shall have the right to freedom of 
speech and expression, subject to any reasonable restrictions imposed by law in 
the interest of the security, public order, decency or morality, or in relation to 
contempt of Court, commission of, or incitement to an offence.  
 
19.  
Right to information.-Every citizen shall have the right to have access 
to information in all matters of public importance subject to regulation and 
reasonable restrictions imposed by law.  
 
20.  
Freedom to profess religion and manage religious institutions.- 
Subject to law, public order and morality,-  
(a) every citizen has the right to profess and practice his religion; 
and  
(b) every religious denomination and every sect thereof has the 
right to establish, maintain and manage its places of worship.  
 
21.  
Safeguard against taxation for purposes of any particular 
religion.- No person shall be compelled to pay any special tax the proceeds of 
which are to be spent on the propagation or maintenance of any religion other 
than his own.  
 
22.  
Safeguard as to educational institutions in respect of religion 
etc.- (1) No person attending any educational institution shall be required to 
receive religious instructions or take part in any religious ceremony, or attend 
religious worship, if such instruction, ceremony or worship relates to a religion 
other than his own.  
 
(2) No religious community or denomination shall be prevented from 
providing religious instruction for pupils of that community or denomination in 
 
10
any educational institution maintained wholly by that community or 
denomination.  
 
(3) No citizen shall be denied admission to any educational institution 
receiving aid from public revenues on the ground only of race, religion, caste or 
place of birth.  
 
(4) In respect of any religious institution, there shall be no discrimination 
against any community in the granting of exemption or concession in relation to 
taxation.  
 
(5) Nothing in this paragraph shall prevent any public authority from 
making provision for the advancement of any society or educationally backward 
class.  
 
23.  
Provisions as to property.- Subject to any reasonable restrictions 
imposed by law in the public interest, every citizen shall have the right to 
acquire, hold and dispose of property.  
 
24.  
Protection of property.- (1) No person shall be deprived of his 
property save in accordance with law.  
 
(2) No property shall be compulsorily acquired or taken possession of save 
for a public purpose, and save by the authority of law which provides for 
compensation thereof and either fixes the amount of compensation or specifies 
the principles on which and the manner in which compensation is to be 
determined and given.  
 
(3) Nothing in this clause shall, affect the validity of-  
(a) any law permitting the compulsory acquisition or taking possession 
of any property for preventing danger to life, property or public 
health; or  
(b) any law relating to the acquisition, administration or disposal of 
any property which is or is deemed to be evacuee property under 
any law; or  
 
11
(c) any law permitting the taking over of any property which has been 
acquired by, or come into the possession of, any person by any 
unfair means, or in any manner, contrary to law ; or  
(d) any law providing for the taking over of the management of any 
property by the Government for a limited period, either in the 
public interest or in order to secure the proper management of the 
property, or for the benefit of its owner; or  
(e) any law providing for the acquisition of any class of property for the 
purpose of-  
(i) providing education and medical aid to all or any specified class 
of citizen; or  
(ii) providing housing and public facilities and services such as 
roads, water supply, sewerage, gas and electric power to all or 
any specified class of citizen; or  
(iii) providing maintenance to those who, on account of 
unemployment, sickness, infirmity or old age, are unable to 
maintain themselves; or  
(f) any law in force immediately before the coming into force of this 
Order:  
 
Explanation.- In clause (2) and (3), the expression ‘property’ means 
immovable property, or any commercial or industrial undertaking, or any 
interest in any undertaking.  
 
(4) The adequacy or otherwise of any compensation provided for by any 
such law as is referred to in this Article, or determined in pursuance thereof, 
shall not be called in question in any court.  
 
25.  
Equality of citizens.- (1) All citizens are equal before law and are 
entitled to equal protection of law.  
 
(2) There shall be no discrimination on the basis of gender.  
 
(3) Nothing in this Article shall prevent the Government from making any 
special provision for the protection of women and children.  
 
 
12
26.  
Right to education.- The Government shall provide free and 
compulsory education to all children of the age of five to sixteen years in such 
manner as may be determined by law.  
 
27.  
Non-discrimination in respect of access to public places.- In 
respect of access to places of public entertainment or resort, not intended for 
religious purposes only, there shall be no discrimination against any citizen on 
the ground only of race, religion, caste, gender or place of birth, but nothing 
herein shall be deemed to prevent the making of any special provision for 
women.  
 
28.  
Safeguard against discrimination in services.- No citizen otherwise 
qualified for appointment in the service of Gilgit-Baltistan, shall be discriminated 
against in respect of any such appointment on the ground only of race, religion, 
caste or gender:  
 
Provided that, in the interest of the said service, specified posts or services 
may be reserved for members of either sex.  
 
29.  
Preservation of language, script and culture.- Subject to Article 
117 any section of citizens having a distinct language, script or culture shall have 
the right to preserve and promote the same and subject to law, establish 
institutions for that purpose.  
 
PART - III 
PRINCIPLES OF POLICY 
30.  
Principles of Policy.- (1) The Principles set out in this Part shall be 
known as the Principles of Policy, and it is the responsibility of each organ and 
authority of the Government, and of each person performing functions on 
behalf of an organ or authority of the Government, to act in accordance with 
those Principles in so far as they relate to the functions of the organ or 
authority. 
 
(2) 
In so far as the observance of any particular Principle of Policy 
may be dependent upon resources being available for the purpose, the Principle 
shall be regarded as being subject to the availability of resources. 
 
13
 
(3) 
In respect of each year, the Governor shall cause to be prepared 
and laid before the Assembly, a report on the observance and implementation 
of the Principles of Policy, and provision shall be made in the rules of procedure 
of the Assembly, for discussion on such report. 
 
31.  
Responsibility with respect to Principles of Policy. (1) The 
responsibility of deciding whether any action of an organ or authority of the 
Government, or of a person performing functions on behalf of an organ or 
authority of the Government, is in accordance with the Principles of Policy is that 
of the organ or authority of the Government, or of the person, concerned. 
 
(2) 
 The validity of an action or of a law shall not be called in question 
on the ground that it is not in accordance with the Principles of Policy, and no 
action shall lie against the Government or any organ or authority of the 
Government or any person on such ground. 
 
32.  
Islamic way of life. (1) Steps shall be taken to enable the Muslims of 
Gilgit-Baltistan, individually and collectively, to order their lives in accordance 
with the fundamental principles and basic concepts of Islam and to provide 
facilities whereby they may be enabled to understand the meaning of life 
according to the Holy Quran and Sunnah. 
 
(2)  
The Government shall endeavor:-  
(a)  to make the teaching of the Holy Quran and Islamiat 
compulsory, to encourage and facilitate the learning of 
Arabic language and to secure correct and exact printing 
and publishing of the Holy Quran;  
(b)  to promote unity and the observance of the Islamic moral 
standards; and  
(c)  to secure the proper organization of zakat,  ushr, auqaf and 
mosques.  
 
33.  
Promotion of local Government institutions.- The Government 
shall 
encourage 
local 
Government 
institutions 
composed 
of 
elected 
representatives of the areas concerned and in such institutions special 
 
14
representation will be given to peasants, workers and women. 
 
34.  
Parochial and other similar prejudices to be discouraged.- The 
Government shall discourage parochial, racial, tribal and sectarian prejudices 
among the citizens. 
 
35.  
Full participation of women in national life.- Steps shall be taken 
to ensure full participation of women in all spheres of national life. 
 
36.  
Protection of family, etc.- The Government shall protect the 
marriage, the family, the mother and the child. 
 
37.  
Protection of minorities.-The Government shall safeguard the 
legitimate rights and interests of minorities, including their due representation 
in the service of Gilgit-Baltistan.  
 
38.  
Promotion of social justice and eradication of social evils.- The 
Government shall:  
(a) 
promote, with special care, the educational and economic 
interests of backward classes or areas;  
(b) 
remove illiteracy and provide free and compulsory secondary 
education within minimum possible period;  
(c) 
make technical and professional education generally available 
and higher education equally accessible to all on the basis of 
merit;  
(d) 
ensure inexpensive and expeditious justice; 
(e) 
make provision for securing just and humane conditions of 
work, ensuring that children and women are not employed in 
vocations unsuited to their age or sex, and for maternity benefits 
for women in employment;  
(f)  
enable the people of different areas, through education, training, 
agricultural and industrial development and other methods, to 
participate fully in all forms of national activities, including 
employment in the service of Gilgit-Baltistan;  
(g) 
prevent prostitution, gambling and taking of injurious drugs, 
 
15
printing, publication, circulation and display of obscene 
literature and advertisements;  
(h) 
prevent the consumption of alcoholic liquor otherwise than for 
medicinal and, in the case of non-Muslims, religious purposes; 
and  
(i)  
decentralize the Government administration so as to facilitate 
expeditious disposal of its business to meet the convenience and 
requirements of the public.  
 
39.  
Promotion of social and economic well-being of the people.- The 
Government shall:  
(a) 
secure the well-being of the people, irrespective of sex, caste, 
creed or race, by raising their standard of living, by preventing 
the concentration of wealth and means of production and 
distribution in the hands of a few to the detriment of general 
interest and by ensuring equitable adjustment of rights 
between employers and employees, and landlords and 
tenants; 
(b) 
provide for all citizens, within the available resources of the 
Gilgit-Baltistan, facilities for work and adequate livelihood 
with reasonable rest and leisure; 
(c) 
provide for all persons employed in the service of Gilgit-
Baltistan or otherwise, social security by compulsory social 
insurance or other means; 
(d) 
provide basic necessities of life, such as food, clothing. 
housing, education and medical relief, for all such citizens, 
irrespective of sex, caste, creed or race, as are permanently or 
temporarily unable to earn their livelihood on account of 
infirmity, sickness or unemployment; 
(e) 
reduce disparity in the income and earnings of individuals, 
including persons in the various classes of the service of 
Gilgit-Baltistan; and 
(f) 
eliminate riba as early as possible. 
 
40.  
Participation of people in Armed Forces.- The Government shall 
enable people from all parts of Gilgit-Baltistan to participate in the Armed 
 
16
Forces of Pakistan. 
 
PART - IV 
GOVERNOR 
41.  
The Governor.- (1) There shall be a Governor of the Gilgit-Baltistan who 
shall be appointed by the President on the advice of the Prime Minister.  
 
(2) When the Governor, by reason of absence from Gilgit-Baltistan or for 
any other cause, is unable to perform his functions, the Speaker of the Assembly 
and in his absence any other person as the President may nominate shall 
perform the functions of Governor until the Governor returns to Gilgit-Baltistan 
or, as the case may be, resumes his functions.  
 
(3) A person shall not be appointed a Governor unless he is qualified to be 
elected as a member of the Assembly and is not less than thirty-five years of age 
and is a registered voter and resident of Gilgit-Baltistan.  
 
(4) The Governor shall hold office during the pleasure of the President 
and shall be entitled to such salary, allowances and privileges as the President 
may determine.  
 
(5) The Governor may, by writing under his hand addressed to the 
President, resign his office.  
 
(6) The President may make such provision as he thinks fit for the 
discharge of the functions of the Governor in any contingency not provided for in 
this Order.  
 
(7) Before entering upon office, the Governor shall make before the Chief 
Judge of the Gilgit-Baltistan Supreme Appellate Court an oath in the form set out 
in the First Schedule.  
 
(8) The Governor shall not hold any office of profit in the Service nor 
occupy any other position carrying the right to remuneration for the rendering of 
services. 
 
 
17
(9) The Governor shall not be a candidate for election as a member of the 
Assembly, and, if a member of the Assembly is appointed as Governor, his seat in 
the Assembly shall become vacant on the day he enters upon his office. 
 
42. 
Governor to act on advice, etc.- (1) Subject to this Order in the 
performance of his functions, the Governor shall act in accordance with the 
advice of the Cabinet or the Chief Minister:  
 
Provided that the Governor may require the Cabinet or, as the case may 
be, the Chief Minister to reconsider such advice, whether generally or otherwise, 
and the Governor shall act in accordance with the advice tendered after such 
reconsideration.  
 
 
(2) The question whether any, and if so what, advice was tendered to the 
Governor by the Chief Minister or the Cabinet shall not be inquired into  or by, 
any court, tribunal or other authority. 
 
PART - V 
THE GOVERNMENT 
43.  
The Government.- (1) Subject to this Order, the executive authority of 
Gilgit-Baltistan shall be exercised in the name of the Governor by the 
Government, consisting of the Chief Minister and the relevant Minister(s), which 
shall act through the Chief Minister, who shall be the Chief Executive.  
 
(2) In the performance of his functions under this Order, the Chief 
Minister may act either directly, through the Ministers or through their 
subordinate Officers.  
 
44.  
The Cabinet.- (1) There shall be a Cabinet of Ministers, with the Chief 
Minister at its head, to aid and advise the Governor in the exercise of his 
functions.  
 
(2) The Assembly shall meet on the twenty-first day following the day on 
which a general election to the Assembly is held, unless sooner summoned by the 
Governor.  
 
 
18
(3) After the election of the Speaker and the Deputy Speaker, the 
Assembly shall, to the exclusion of any other business, proceed to elect without 
debate one of its members to be the Chief Minister.  
 
(4) The Chief Minister shall be elected by the votes of the majority of the 
total membership of the Assembly:  
 
Provided that, if no member secures such majority in the first poll, a 
second poll shall be held between the members who secures the two highest 
numbers of votes in the first poll and the member who secures a majority of votes 
of the members present and voting shall be declared to have been elected as 
Chief Minister:  
 
Provided further that, if the number of votes secured by two or more 
members securing the highest number of votes is equal, further polls shall be 
held between them until one of them secures a majority of votes of the members 
present and voting.  
 
(5) The member elected under clause (4) shall be called upon by the 
Governor to assume the office of Chief Minister and he shall, before entering 
upon the office, make before the Governor oath in the form set out in the First 
Schedule:  
 
 (6) The Cabinet shall be collectively responsible to the Assembly and the 
total strength of the Cabinet shall not exceed twelve members or eleven percent 
of the total membership of the Assembly, whichever is higher: 
 
Provided that the aforesaid limit shall be effective after the next general 
elections.  
 
(7) The Chief Minister shall hold office during the pleasure of the 
Governor, but the Governor shall not exercise his powers under this clause 
unless he is satisfied that the Chief Minister does not command the confidence of 
the majority of the members of the Assembly, in which case he shall summon the 
Assembly and require the Chief Minister to obtain a vote of confidence from the 
Assembly.  
 
19
 
(8) The Chief Minister may, by writing under his hand addressed to the 
Governor, resign his office.  
 
(9) A Minister who for any period of six consecutive months is not a 
member of the Assembly shall, at the expiration of that period, cease to be a 
Minister and shall not before the dissolution of that Assembly be again appointed 
a Minister unless he is elected a member of that Assembly.  
 
(10) Nothing contained in this Article shall be construed as disqualifying 
the Chief Minister or any other Minister for continuing in office during any 
period during which the Assembly stands dissolved, or as preventing the 
appointment of any person as Chief Minister or other Minister during any such 
period.  
 
(11) The Chief Minister shall not appoint more than two Advisers. 
 
45.  
Governor to be kept informed. The Chief Minister shall keep the 
Governor informed on matters relating to administration and on all legislative 
proposals the Government intends to bring before the Assembly.  
 
46.  
Ministers.-(1) Subject to clause (9) and (10) of Article 44, the Governor 
shall appoint Ministers from amongst members of the Assembly on the advice of 
the Chief Minister.  
 
(2) Before entering upon office, a Minister shall make before the Governor 
oath in the form set out in the First Schedule. 
 
(3) A Minister may, by writing under his hand addressed to the Governor, 
resign his office or may be removed from office by the Governor on the advice of 
the Chief Minister.  
 
47.  
Vote of no-confidence against Chief Minister.-(1) A resolution for a 
vote of no-confidence moved by not less than twenty per centum of the total 
membership of the Assembly may be passed against the Chief Minister by the 
Assembly.  
 
20
 
(2) A resolution referred to in clause (1) shall not be voted upon before the 
expiration of three days, or later than seven days, from the day on which such 
resolution is moved in the Assembly.  
 
(3) If the resolution referred to in clause (1) is passed by a majority of the 
total membership of the Assembly, the Chief Minister shall cease to hold office.  
 
48.  
Chief Minister continuing in office.- The Governor may ask the Chief 
Minister to continue to hold office until his successor enters upon the office of 
Chief Minister, in case of a vote of no confidence.  
 
49.  
Extent of executive authority of Government. Subject to this Order, 
the executive authority of the Government shall extend to the matters with 
respect to which the Assembly has power to make laws:  
 
Provided that, in any matter with respect to which both Council and the 
Assembly has power to make laws, the executive authority of the Government 
shall be subject to, and limited by law made by the Council  
 
50.  
Conferring of functions on subordinate authorities. On the 
recommendation of the Government, the Assembly may by law confer functions 
upon officers or authorities subordinate to the Government.  
 
51.  
Conduct of business of Government. (1) All executive actions of the 
Government shall be expressed to be taken in the name of the Governor.  
 
(2) The Government shall by rules specify the manner in which orders and 
other instruments made and executed in the name of Governor shall be 
authenticated, and the validity of any order or instrument so authenticated shall 
not be questioned in any court on the ground that it was not made or executed by 
the Governor.  
 
(3) The Government shall also make rules for regulation, allocation and 
transaction of its business and may for the convenient transaction of that 
 
21
business delegate any of its functions to the officers or authority subordinate to 
it.  
 
52.  
Parliamentary Secretaries.- (1) The Chief Minister may appoint 
Parliamentary Secretaries from amongst the members of the Assembly to 
perform such functions as may be prescribed.  
 
(2) A Parliamentary Secretary may, by writing under his hand addressed 
to the Chief Minister, resign his office or may be removed from office by the 
Chief Minister.  
 
53. Advocate-General.- (1) The Governor, shall appoint a citizen, being a 
person qualified to be appointed as Judge of the Gilgit-Baltistan Chief Court, to 
be the Advocate-General for Gilgit-Baltistan.  
 
(2) It shall be the duty of the Advocate-General to give advice to 
Government upon such legal matters, and to perform such other duties of a legal 
character, as may be referred or assigned to him by the Government.  
 
(3) The Advocate-General shall hold office during the pleasure of the 
Governor and shall not engage in private practice so long as he holds the office of 
the Advocate General. 
 
(4) The Advocate-General may, by writing under his hand addressed to 
the Governor resign his office.  
 
(5) The person holding the office as Advocate-General immediately before 
the commencement of this Order shall be deemed to be the Advocate-General, 
appointed under this Order. 
 
PART - VI 
GILGIT-BALTISTAN COUNCIL 
54. 
Gilgit-Baltistan Council.-  (1)  There shall be a Gilgit-Baltistan Council 
consisting of.- 
(a) 
the Prime Minister of Pakistan; 
(b) 
the Governor; 
 
22
(c) 
six members nominated by the Prime Minister of 
Pakistan from time to time from amongst Federal 
Ministers and members of Parliament: 
 
Provided that the Federal Minister for Kashmir 
Affairs and Gilgit-Baltistan shall be an ex officio 
member and Minister-in-Charge of the Council: 
 
(d) 
the Chief Minister of Gilgit-Baltistan; 
(e) 
six members to be elected by the Assembly in 
accordance with single non-transferable majority vote. 
 
 
 
(2) 
The Prime Minister of Pakistan shall be the Chairman of the 
Council. 
 
 
(3) 
The Governor shall be the Vice-Chairman of the Council. 
 
(4) 
The Minister of State for Kashmir Affairs and Gilgit-Baltistan shall 
be an ex officio non-voting member of the Council.  
 
 
 
(5) 
The qualifications and disqualifications for being elected, as, and 
for being, a member of the Council shall, in the case of a member referred to in 
sub-clause (e) of clause (1), be the same as those for being elected as, and for 
being a member of the Assembly. 
 
 
(6) 
The seat of a member of the Council elected by the Assembly, 
hereinafter referred to as an elected member, shall become vacant,- 
(a) 
if he resigns his seat by notice in writing under his hand 
addressed to the Chairman or, in his absence, to the 
Secretary of the Council; 
(b) 
if he is absent, without the leave of the Chairman, from ten 
consecutive sittings of the Council; 
(c) 
if he fails to make the oath referred to in clause (11) within a 
period of ninety days after the date of his election, unless the 
Chairman, for good cause shown, extends the period; or 
(d) 
if he ceases to be qualified for being a member under any 
provision of this Order or any other law for the time being in 
force.  
 
23
 
(7) 
If any question arises whether a member has, after his election, 
become disqualified from being a member of the Council, the Chairman shall 
refer the question to the Chief Election Commissioner and, if the Chief Election 
Commissioner is of the opinion that the member has become disqualified, the 
member shall cease to be member and his seat shall become vacant. 
 
(8) 
An election to fill a vacancy in the office of an elected member shall 
be held not later than thirty days from the occurrence of the vacancy or, if the 
election cannot be held within that period because the Assembly is dissolved, 
within thirty days of the general election to the Assembly. 
 
(9) 
The manner of election of elected members and filling of a casual 
vacancy in the office of an elected member shall be such as may be prescribed. 
 
(10) 
An elected member shall hold office for a term of five years from 
the day he enters upon his office. 
 
(11) 
An elected member shall, before entering upon office, make before 
the Chairman or the Vice Chairman oath in the form set out in the First 
Schedule. 
 
(12) 
The executive authority of the Council shall extend to all matters 
with respect to which the Council has power to make laws and shall be exercised, 
in the name of the Council, by the Chairman who may act either directly or 
through the Secretariat of the Council of which Federal Minister for Kashmir 
Affairs and Gilgit-Baltistan shall be incharge. 
 
Provided that the Council may direct that, in respect of such matters it 
may specify, its authority shall be exercisable by the Vice-Chairman of the 
Council, subject to such conditions, if any, as the Council may specify. 
 
 
(13) 
The Chairman may from among the elected members of the 
Council appoint not more than three Advisors on such terms and conditions as 
he may determine.  
 
 
24
(14) 
An advisor shall, before entering upon office, make before the 
Chairman oath in form set out in the First Schedule. 
 
(15) 
An Advisor who is a member of the Assembly shall have the right to 
speak in, and otherwise take part in the proceedings of the Council, but shall not 
by virtue of this clause be entitled to vote. 
 
(16) 
The Council may make rules for regulating its procedure and the 
conduct of its business, and shall have power to act notwithstanding any vacancy 
in the membership thereof, and any proceedings of the Council shall not be 
invalid on the ground that a person who was not entitled to do so sat, voted or 
otherwise took part in the proceedings. 
 
(17) 
Orders and other instruments made and executed in the name of 
the Council shall be authenticated in such manner as may be specified in rules to 
be made by the Council and the validity of an order or instrument which is so 
authenticated shall not be called in question on the ground that it is not an order 
or instrument made or executed by the Council. 
 
(18) 
The Chairman may regulate the allocation and transaction of the 
business of the Council and may, for the convenient transaction of that business, 
delegate any of its functions to officers and authorities subordinate to it. 
 
55. 
Chairman of Council power to pardon and reprieve.- The 
Chairman shall have power to grant pardons, reprieves and respites and to remit, 
suspend or commute any sentence passed by any court, tribunal or other 
authority. 
 
PART - VII 
THE LEGISLATURE 
56. 
Legislative Assembly.-  (1) The Legislative Assembly shall consist of 
thirty three members of whom- 
(a) 
twenty four members shall be elected directly on the basis 
of adult franchise; 
(b) 
six  women members shall be elected on the pattern as in 
case of reserved seat in Pakistan. 
 
25
(c) 
three technocrats and other professional members shall be 
elected on the pattern as in case of reserved seat in Pakistan. 
Explanation.- In sub-clause (c), the expression “technocrat or other 
professional” includes a person who is in possession of such qualification or 
experience as may be prescribed.  
 
(2) 
The manner of election of the members of the Assembly and the 
manner of filling casual vacancies shall be such as may be prescribed. 
 
(3) 
The Assembly, unless sooner dissolved, shall continue for five years 
from the date appointed for their first meeting.  
 
(4) 
A general election to the Assembly shall be held within a period of 
sixty days immediately preceding the day on which the term of the Assembly is 
due to expire, unless the Assembly has been sooner dissolved, and result of the 
election shall be declared not later than fourteen days before that day. 
 
(5) 
On dissolution of Assembly on completion of its term, or in case it 
is dissolved under Article 62, the Chairman of the Council shall appoint a care-
taker Cabinet: 
 
 
Provided that the care-taker Chief Minister shall be selected by the 
Chairman of the Council in consultation with the Chief Minister, the leader of the 
Opposition in the outgoing Assembly and the Minister for Kashmir Affairs and 
Gilgit-Baltistan: 
 
 
Provided further that the members of the care-taker Cabinet shall be 
appointed on the advice of the care-taker Chief Minister: 
 
 
Provided also that if the Chief Minister, the Leader of the Opposition in 
the outgoing Assembly and the Minister for Kashmir Affairs and Gilgit-Baltistan 
do not agree on any person to be appointed as care-taker Chief Minister, the 
Chairman of the Council may appoint, in his discretion, a care-taker Chief 
Minister.  
 
 
26
57. 
Oath of members of the Assembly.-  (1) 
A person elected as a 
member of the Assembly shall not take his seat in the Assembly until he makes 
before such person as is prescribed by rules of the Assembly an oath in the form 
set out in the First Schedule. 
 
(2) 
The oath may be made when the Assembly is in session.  
 
(3) 
If any person sits or votes in the Assembly knowing that he is not 
qualified to be, or is disqualified from being a member of the Assembly he shall 
be liable in respect of every day on which he so sits or votes; shall be guilty of an 
offence punishable for a term which shall not be less than seven years and a fine 
which shall not be less than two hundred thousand rupees.  
 
58.  
Qualifications of members of the Assembly.- (1) A person shall be 
qualified to be elected as, and to be, a member of the Assembly if-  
(a) he is a citizen;  
(b) he is not less than twenty-five years of age; 
(c) his name appears on the electoral roll of any constituency in Gilgit-
Baltistan; and  
(d) he is not a dual national.  
 
(2) A person shall be disqualified from being so elected if-  
(a) he is of unsound mind and stands so declared by a competent 
court; or  
(b) he is an un-discharged insolvent unless a period of ten years has 
elapsed since his being adjudged as insolvent; or  
(c) he has been on conviction for any offence sentenced to 
transportation for any term or imprisonment for a term of not less 
than two years unless a period of five years has elapsed since his 
release; or  
(d) he holds any office of profit in the Service of Gilgit-Baltistan or 
Azad Jammu and Kashmir or Pakistan other than an office which is 
not a whole time office remunerated either by salary or by fee other 
than an office specified in the Second Schedule; or  
(e) he has been in the Service or of any statutory body or anybody 
which is owned or controlled by the Government of Pakistan or 
 
27
Gilgit-Baltistan or Azad Jammu and Kashmir or in which such 
Government has a controlling share or interest, unless a period of 
two years has elapsed since he ceased to be in such service; or  
(f) he has been dismissed for misconduct from the Service unless a 
period of five years has elapsed since his dismissal; or  
(g) he is otherwise disqualified from being a member of the Assembly 
by this Order or by any other law. 
 
59. 
 
Seat 
in 
Assembly 
becomes 
vacant 
under 
certain 
circumstances.-  (1) The seat of a member of the Assembly shall become vacant 
if- 
(a) 
he/she resigns his seat by notice in writing under his hand 
addressed to the Speaker, in his absence, to the Secretary of 
the Assembly; or 
(b) 
he/she is absent from the Assembly without the leave of the 
Assembly for thirty consecutive sitting days of the Assembly; 
or 
(c) 
he/she fails to make the oath referred to in Article 57 within 
a period of ninety days after the date of his election unless 
the Speaker for good cause shown extends the period; or 
(d) 
he/she is elected as member of the Council; or 
(e) 
he/she ceases to be qualified for being a member under any 
provision of this Order or any other law. 
 
(2)  
If the member of the Assembly is elected to more than one seat, he 
shall within a period of thirty days after the declaration of result for the last such 
seat, resign all but one of his seats, and if he does not so resign, all the seats to 
which he has been elected shall become vacant at the expiration of the said 
period of thirty days except the seat to which he has been last elected or, if he has 
been elected to more than one seat on the same day, the seat for election to 
which his nomination was filed last. 
 
(3) 
If any question arises whether a member of the Assembly has, after 
his election become disqualified from being a member of the Assembly, the 
Speaker shall refer the question to the Chief Election Commissioner and, if the 
Chief Election Commissioner is of the opinion that the member has become 
 
28
disqualified the member shall cease to be a member and his seat shall become 
vacant. 
 
(4) 
When except by dissolution of the Assembly, a seat in the Assembly 
has become vacant not later than one hundred and twenty days before the term 
of the Assembly is due to expire, an election to fill the seat shall be held within 
sixty days from the occurrence of the vacancy. 
 
60. 
Right of Governor to address the Assembly.- (1) The Governor may 
address the Assembly and may for that purpose require the attendance of the 
members. 
 
(2) 
The Advocate General shall have the right to speak and otherwise 
take part in the proceedings of the Assembly or any Committee thereof  of which 
he may be named a member, but shall not by virtue of this Article be entitled to 
vote. 
 
61. 
Meetings of the Assembly.-  (1) The Assembly shall assemble at such 
times and at such places as the Governor may appoint, and the Governor may 
prorogue a session of the Assembly except when the Assembly has been 
summoned by the Speaker. 
 
(2) 
Any meeting of the Assembly may be adjourned by the Speaker or 
other person presiding thereat. 
 
(3) 
There shall be at least three sessions of the Assembly every year, 
and not more than one hundred and twenty days shall intervene between the last 
sitting of the Assembly in one session and the date appointed for its first sitting 
in the next session. 
 
Provided that the Assembly shall meet for not less than one hundred and 
thirty working days in each parliamentary year. 
 
(4) 
On a requisition signed by not less than one-third of the total 
membership of the Assembly, the Speaker shall summon the Assembly to meet, 
at such time and place as he thinks fit, within fourteen days of the receipt of the 
 
29
requisition, and when the Speaker has summoned the Assembly, only he may 
prorogue it. 
 
62. 
Dissolution of the Assembly.- (1) The Governor shall dissolve the 
Assembly if so advised by the Chief Minister, and the Assembly shall, unless 
sooner dissolved, stands dissolved at the expiration of the forty-eight hours after 
the Chief Minister has so advised. 
Explanation.- Reference in this Article to Chief Minister shall not be 
construed to include reference to a Chief Minister against whom a resolution for 
a vote of no-confidence has been moved in the Assembly but has not been  
voted upon or against whom such a resolution has been passed or who is 
continuing in office after his resignation or after the dissolution of the Assembly. 
 
(2) 
When the Assembly is dissolved a general election to the Assembly 
shall be held within a period of ninety days after the dissolution, and the result of 
the election shall be declared not later than fourteen days after the conclusion of 
the polls. 
 
(3) 
Notwithstanding anything in the Order, if at any time it is not 
possible for any reason to hold general election to the Assembly, the Chairman of 
the Council may postpone the election for a period not exceeding ninety days at a 
time.  
 
63. 
Speaker of the Assembly.-  (1) After a general election, the Assembly 
shall, at its first meeting and to the exclusion of any other business, elect from 
amongst its members a Speaker and a Deputy Speaker of the Assembly. 
 
 
Provided that the period intervening between the declaration of the 
official result of the election to the Assembly and the date for assumption of 
office of members shall not exceed thirty days.  
 
(2) 
Before entering upon office, a member of the Assembly elected as 
Speaker or Deputy Speaker shall make before the Assembly an oath in the form 
set out in the First Schedule. 
 
 
30
(3) 
All the proceedings of the Assembly shall be conducted in 
accordance with rules of procedure made by the Assembly and approved by the 
Governor. 
 
(4) 
The Speaker shall preside the meetings of the Assembly except 
when a resolution for his removal from the office is being considered and, when 
the office of the Speaker is vacant, or the Speaker is absent, or is unable to 
perform his functions due to any cause, the Deputy Speaker shall act as Speaker 
and if at that time, the Deputy Speaker is also absent or is unable to act as 
Speaker due to any cause, such member of the Assembly present as may be 
determined by the Rules of Procedure of the Assembly shall preside at the 
meeting of the Assembly. 
 
(5) 
Soon after as the office of Speaker or Deputy Speaker becomes 
vacant, the Assembly shall elect one of its members to fill the office. 
 
(6) 
The Speaker may resign from his office by writing under his hand 
addressed to the Governor. 
 
(7) 
The Deputy Speaker may resign his office by writing under his 
hand addressed to the Speaker. 
 
(8) 
The office of the Speaker or Deputy Speaker shall become vacant if- 
(a) 
except as provided in clause (9) he ceases to be a member of 
the Assembly; or 
(b) 
he is removed from office by a resolution of the Assembly, of 
which not less than seven days’ notice by not less than one-
fourth of the total membership of the Assembly has been 
given and which is passed by a majority of total membership 
of the Assembly. 
 
(9) 
When the Assembly is dissolved, the Speaker shall continue in his 
office till the person elected to fill the office by the next Assembly enters upon his 
office. 
 
64. 
Voting in Assembly and quorum.-  (1) Subject to this Order,- 
 
31
(a) 
a decision in the Assembly shall be taken by a majority of the 
votes of the members present and voting but the Speaker or 
the person presiding in his absence shall not vote except 
when there is an equality of votes in which case he shall 
exercise his casting vote; 
(b) 
the Assembly may act notwithstanding any vacancy in its 
membership; and 
(c) 
any proceedings in the Assembly shall not be invalid on the 
ground that some person who was not entitled to do so sit, 
voted or otherwise took part in the proceedings.  
 
(2) 
If at any time during the meeting of the Assembly the attention of 
the person presiding at the meeting is drawn to the fact that number of the 
members is less than one-third of the total membership of the Assembly, it shall 
be the duty of the person presiding either to adjourn the meeting or to suspend 
the meeting till such number of members are present. 
 
65. 
Restriction on discussion in Assembly, etc.- No discussion shall 
take place in the Assembly or the Council or the joint sitting with respect to  
matters relating to Foreign Affairs, Defence, Internal Security and Fiscal Plans of 
Government of Pakistan and the conduct of the any Judge of the Gilgit-
Baltistan Supreme Appellate Court or the Gilgit-Baltistan Chief Court in the 
discharge of his duties.   
 
66. 
Finance Committee.-  (1) The expenditure of the Assembly within 
authorized appropriation shall be controlled by the Assembly acting on the 
advice of the Finance Committee. 
 
(2) 
The Finance Committee shall consist of the Speaker, the Finance 
Minister and such other members as may be elected thereto by the Assembly. 
 
67. 
Secretariat of the Assembly.- (1) The Assembly shall have a separate 
Secretariat. 
 
 
(2) 
The Assembly may by law regulate the recruitment and conditions 
of service of persons appointed to the Secretariat Staff of the Assembly. 
 
32
 
(3) 
Until provision is made by the Assembly under clause (2) the 
persons appointed to the Secretariat Staff of the Assembly shall continue to be 
governed by conditions of service for the time being applicable to them. 
 
PART - VIII 
DISTRIBUTION OF LEGISLATIVE POWERS 
68. 
Legislative Powers.- (1)  Subject to the succeeding provisions of this 
Article, both the Council and the Assembly shall have the power to make laws,- 
(a) 
for the territories of Gilgit-Baltistan; 
(b) 
for all citizens of Gilgit-Baltistan; and  
(c) 
for the officers of the Council or as the case may be, the 
Government, wherever they may be. 
 
(2) 
Subject to clause (3)- 
(a) 
the Council shall have exclusive power to make laws with 
respect to any matter in the Legislative List set out in the 
Third Schedule, hereinafter referred to as the Legislative 
List; and  
(b) 
subject to clause 2 (a), the assembly shall and the Council 
shall not, have power to make laws with respect to any 
matter not enumerated in the Legislative List.  
(c) 
The Council shall have the powers to adopt any amendment 
in the existing Laws or any new Law in force in Pakistan. 
 
(3) 
Notwithstanding anything contained in this Order, the Government 
of Pakistan shall have exclusive powers and the Council and the Assembly shall 
not have powers to make any law in respect of the following matters.-  
(a)  
the defence and external security of Gilgit-Baltistan;  
(b)  
the current coin of the issue of any bills, notes or other paper 
currency; or  
(c)  
the external affairs of Gilgit-Baltistan including foreign trade 
and foreign aid; or  
(d)  
such other matters as the President may specify by Order.  
 
 
33
69. 
Tax to be levied by laws only.- No tax shall be levied for the purposes 
of the territories of Gilgit-Baltistan except by or under the authority of an Act of 
the Council or the Assembly and all taxes and levies competently imposed under 
an Act of the Assembly or the Council or under any law made by the Government 
of Pakistan shall remain in force. 
 
PART - IX 
ISLAMIC PROVISIONS 
70. 
No laws against Islamic Injunctions, etc.- No law shall be repugnant 
to the teachings and requirements of Islam as set out in the Holy Quran and 
Sunnah and all existing laws shall be brought in conformity with the Holy Quran 
and Sunnah. 
 
71. 
Reference to Council of Islamic Ideology.-  (1) If one-third of the 
total number of the members of the Assembly or, as the case may, the Council so 
requires, the Assembly or the Council shall refer to the Council of Islamic 
Ideology constituted under the Constitution of Islamic Republic of Pakistan 
(hereinafter referred to as the Islamic Council) for advice on any question as to 
whether a proposed law is or is not repugnant to the injunctions of Islam. 
 
(2) 
When a question is referred by the Assembly or the Council, as the 
case may be, the Council of Islamic Ideology shall, within fifteen days thereof, 
inform the Assembly or the Council, as the case may be, of the period within 
which the Council of Islamic Ideology expects to be able to furnish that advice. 
 
(3) 
Where the Assembly or, as the case may be, the Council considers 
that in the public interest, the making of the proposed law in relation to which 
the question arose should not be postponed until the advice of the Council of 
Islamic Ideology is furnished, the law may be made before the advice is 
furnished. 
 
 
Provided that, where a law is referred for advice to the Council of Islamic 
Ideology and the Council advises that the law is repugnant to the injunctions of 
Islam, the Assembly or, as the case may be, the Council shall reconsider the law 
so made. 
 
 
34
72. 
General provisions regarding Council, etc.-  (1) The validity of any 
proceedings in the Council or the Assembly shall not be questioned in any Court. 
 
(2) 
An officer or member or an authority in whom powers are vested 
for regulation of proceedings, conduct of business, maintain order in the Council 
or the Assembly shall not, in relation to exercise by him of any of those powers, 
be subject to the jurisdiction of any Court. 
 
(3) 
A member of, or a person entitled to speak in, the Council or the 
Assembly, shall not be liable to any proceedings in any Court in respect of 
anything said by him or any vote given by him in the Council or the Assembly or 
in any Committee thereof. 
 
(4) 
A person shall not be liable to any proceedings in any Court in 
respect of publication by or under the authority of the Council or the Assembly, 
of any report, paper, vote or proceedings. 
 
(5) 
No process issued by a Court or other authority shall except with 
the leave of the Chairman of the Council or the Speaker be served or executed 
within the precincts of the place where a meeting of the Council or,  as  the  case  
may  be,  the  Assembly is being held. 
 
(6) 
Subject to this Article, the privileges of the Council, the Assembly, 
the Committees and members of the Council, or the Assembly and of the persons 
entitled to speak in the  Council,  or the Assembly, may be determined by law. 
 
73. 
Authentication of Bills Passed by the Council.- A Bill passed by the 
Council shall not require the assent of the Governor and shall, upon its 
authentication by the Chairman of the Council, become law and be called an Act 
of the Council. 
 
74. 
Governor’s assent to Bills.-  (1) Subject to this Order, when a Bill has 
been passed by the Assembly it shall be presented to the Governor for assent. 
 
 
(2) 
 When a Bill is presented to the Governor for assent, the Governor 
shall, within thirty days,- 
 
35
(a)  
assent to the Bill; or 
(b) 
in the case of a Bill other than a Money Bill, return the Bill to 
the  Assembly with a message requesting that the Bill, or any 
specified provision thereof, be reconsidered and that any 
amendment specified in the message be considered. 
 
 
(3) 
When the Governor has returned a Bill to the Assembly, it shall be 
reconsidered by the Assembly and, if it is again passed, with or without 
amendment, by the Assembly, by the votes of the majority of the members of the 
Assembly present and voting, and in accordance with the provision of this Order 
and in not in any manner prejudicial to the security, integrity, solidarity and 
strategic interest of Pakistan, it shall be again presented to the Governor and 
Governor shall not withhold assent thereform. 
 
 
(4) 
When the Governor has assented to a Bill, it shall become law and 
be called an Act of Assembly. 
 
PART - X 
FINANCIAL PROCEDURE 
75. 
Council Consolidated Fund.- (1) All revenues received by the Council, 
all loans raised by the Council and all moneys received by it in payment of any 
loan shall form a part of Consolidated Fund, to be known as the Council 
Consolidated Fund. 
 
(2) 
All other moneys- 
(a) 
received by or on behalf of the Council; or 
(b) 
received by or deposited with the Gilgit-Baltistan Supreme 
Appellate Court or any other Court established under the 
authority of this Order shall be credited to the Public 
Account of the Council. 
 
(3) 
The Custody of the Council Consolidated Fund, the payment of 
money into that Fund, the withdrawal of money there from, the custody of other 
moneys received by or on behalf of the Council, their payment into, and 
withdrawal from the Public Account of the Council, and all matters connected 
with or ancillary to the matters aforesaid, shall be regulated by the Act of the 
 
36
Council or, until provision in that behalf is so made, by rules made by the 
Chairman of the Council. 
 
(4) 
The Council shall, in respect of every financial year, cause to be 
prepared, and approve, a statement of estimated receipts and expenditure of the 
Council for that year. 
 
Provided that the Government of Pakistan shall provide grant in aid to the 
Council to meet its revenue deficit. 
 
(5) 
The Chairman of the Council shall authenticate by his signature the 
statement approved by the Council under clause (4), and no expenditure from 
the Council Consolidated Fund shall be deemed to be duly authorized unless it is 
specified in the statement so authenticated. 
 
(6) 
If in respect of any financial year it is found: 
(a) 
that the amount authorized to be expended for a particular  
service for the current financial year is insufficient, or that a 
need has arisen for expenditure upon some new service not 
included in the statement referred to in clause (4) for that 
year; or 
(b) 
that any money has been spend on any service during a  
financial year in excess of the amount granted for that year, 
the Chairman of the Council shall have the power to 
authorize expenditure from the Council Consolidated Fund 
and shall cause to be laid before the Council a 
supplementary statement or, as the case may be, an excess 
statement, setting out the amount of that expenditure, and 
the provision of clause (3) and (4) shall apply to these 
statements as they apply to the statement referred to in 
clause (3). 
 
(7) 
Notwithstanding anything contained in the foregoing provisions of 
this Article, the Council shall have power to make any grant in advance in respect 
of the estimated expenditure for a part of any financial year, not exceeding four 
months, pending completion of the procedure prescribed in clause (3) and (4). 
 
37
 
 
76. 
Gilgit-Baltistan Consolidated Fund.-  (1) All revenues received by the 
Government, all loans raised by the Government with the approval of 
Government of Pakistan and all moneys received by it in payment of any loan 
shall form a part of Consolidated Fund, to be known as the Gilgit-Baltistan 
Consolidated Fund. 
 
(2) All other moneys- 
(a) 
received by or on behalf of the Government; or 
(b) 
received by or deposited with any other Court established 
under the authority of the Government, shall be credited to 
the Public Account of the Government. 
 
(3) 
The custody of the Gilgit-Baltistan Consolidated Fund, the payment 
of money into that Fund, the withdrawal of money therefrom, the custody of 
other moneys received by or on behalf of the Government, their payment into, 
and withdrawal from the Public Account of the Government, and all matters 
connected with or ancillary to the matters aforesaid, shall be regulated by the Act 
of the Assembly or, until provision in that behalf is so made, by rules made by the 
Governor. 
 
77. 
Budget.-  (1) The Government shall, in respect of every financial year, 
cause to be laid before the Assembly a statement of estimated receipts and 
expenditure for that year, to be called the Annual Budget. 
 
(2) 
The Annual Budget shall be submitted to the Assembly in the form 
of demands for grant and the Assembly shall have power to assent to, or to refuse 
to assent to any demand, or to assent to any demand subject to a reduction of the 
amount specified therein. 
 
(3) 
No demand for a grant shall be made except on the 
recommendation of the Government. 
 
(4) 
The Annual Budget as passed by the Assembly shall be placed 
before the Governor who shall authenticate it by his signature. 
 
38
 
(5) 
If in respect of any financial year it is found_ 
 
(a) 
that the amount authorized to be expended for a particular 
service for the current financial year is insufficient, or that a 
need has arisen for expenditure upon some new service not 
included in the Annual Budget for that year; or 
(b) 
that any money has been spend on any service during a 
financial year in excess of the amount granted for that year, 
the Government shall have the power to authorize 
expenditure from the Gilgit-Baltistan Consolidated Fund 
and shall cause to be laid before the Assembly a Budget or, 
as the case may be, an excess Budget, setting out the amount 
of that expenditure, and the provisions of this Article shall 
apply to those Budgets as they apply to the Annual Budget. 
 
(6) 
Notwithstanding anything contained in the foregoing provisions of 
this Article, the Assembly shall have power to make any grant in advance in 
respect of the estimated expenditure for a part of any financial year, not 
exceeding four months, pending completion of the procedure prescribed in 
clause (2) for the voting of such grant and the authentication of the Budget as 
passed by the Assembly in accordance with the provisions of clause (4) in 
relation to the expenditure. 
 
78. 
Special provisions regarding Budget, etc.-  (1) Where the Annual 
Budget for any financial year cannot be passed by the Assembly by reason of its 
having been dissolved, the Chief Minister shall cause to be prepared an Annual 
Budget for that year and, by his signature, authenticate the Budget. 
 
(2) 
The Annual Budget for any financial year authenticated by the 
Chief Minister under clause (1) shall, for the purpose of this Order, be deemed to 
have been passed by the Assembly. 
 
79. 
Restriction on expenditure.- No expenditure shall be incurred by the 
Government except authorized by the Annual or Supplementary Budget as 
passed or deemed to have been passed by the Assembly. 
 
39
 
PART - XI 
ORDINANCE 
80. 
Power to make Ordinance.- (1) The Governor may, except when the 
Assembly is in session, if satisfied that circumstances exist which render it 
necessary to take immediate action, make and promulgate an Ordinance as the 
circumstances may require. 
 
(2) 
An Ordinance promulgated under this Article shall have the same 
force and effect as an Act of the Assembly and shall be subject to like restrictions 
as the power of the Assembly to make law, but every such Ordinance;  
(a) 
shall be laid before the Assembly and shall stand                         
repealed at the expiration of  four  months  from  its 
promulgation or, if before the expiration of that period a 
resolution disapproving it is passed by the Assembly, upon 
the passing of that resolution; and  
(b) 
may be withdrawn at any time by the Governor. 
 
(3) 
Without prejudice to the provisions of clause (2) an Ordinance laid 
before the Assembly or the Council shall be deemed to be a Bill introduced in the 
Assembly or the Council, as the case may be. 
 
(4) 
The Governor shall likewise, except when the Council is in session, 
if so advised by the Chairman of the Council, make, promulgate and withdraw an 
Ordinance as the circumstances may require, and the provisions of clause (2) and 
clause (3) shall apply to an Ordinance so made as if references therein to ‘Act of 
the Assembly and, Assembly were references respectively to’ Act of the Council 
and Council. 
 
 
PART - XII 
THE JUDICATURE 
81. 
Appointment of Judges to the Supreme Appellate Court and 
Chief Court, Gilgit-Baltistan.- (1) There shall be a Judicial Commission of 
Gilgit-Baltistan, hereinafter in this Article referred to as the Commission, for 
 
40
appointment of Judges of the Supreme Appellate Court and Chief Court as 
hereinafter provided. 
 
 
(2) 
For appointment of Judges of the Supreme Appellate Court, the 
Commission shall consist of- 
 
i. 
Chief Judge, Supreme Appellate Court; 
Chairman 
ii. 
Secretary Kashmir Affairs & Gilgit-Baltistan 
Member 
iii. 
One most senior Judge of the Supreme Appellate Court; 
Member 
iv. 
One former Judge of the Supreme Court of Pakistan to be 
nominated by the Chief Justice of Pakistan for a terms of 
two years 
Member 
v. 
Minister for Law, Govt. of Gilgit-Baltistan; 
Member 
vi. 
Chief Secretary, Gilgit-Baltistan; and 
Member 
vii. 
A Senior Advocate of the Supreme Appellate Court of Gilgit-
Baltistan nominated by the Bar Council for a term of two 
years. 
Member 
viii. Joint Secretary, Gilgit-Baltistan Council 
Secretary 
 
 
(3) 
On recommendation of the Commission, the Gilgit-Baltistan 
Council shall move a summary to the Chairman Gilgit-Baltistan Council for 
approval of the appointment of Judge, Supreme Appellate Court; 
 
 
(4) 
Notwithstanding anything contained in clause (1), clause (2) or 
clause (3), the Chief Judge of the Supreme Appellate Court shall be appointed by 
the above Commission. However, the Secretary, Kashmir Affairs and Gilgit-
Baltistan shall replace the Chairmanship of Commission. 
 
 
 
(5) 
The Commission may make rules regulating its procedure. 
 
 
(6) 
For appointment of Judges of the Chief Court, Gilgit-Baltistan the 
Commission shall in clause (2) shall also include the following, namely:- 
 
i. 
Chief Judge, Chief Court; 
Member 
ii. 
One most senior Judge of the Chief Court; 
Member 
iii. 
A Senior Advocate of the Chief Court of Gilgit-
Baltistan nominated by the concerned Bar Council 
Member 
 
41
for a term of two years. 
 
 
Provided that for appointment of the Chief Judge of the Chief Court, the 
most Senior Judge mentioned in paragraph (ii) shall not be member of the 
commission. 
 
82. 
Gilgit-Baltistan Supreme Appellate Court.- (1) There shall be a 
Gilgit-Baltistan Supreme Appellate Court, referred to as the Supreme Appellate 
Court to be  the highest Court of Appeal. 
 
(2) 
Subject to the provisions of this Order, the Supreme Appellate 
Court shall have such jurisdiction as is or may be conferred on it by this Order or 
by under any law. 
 
(3) 
The Supreme Appellate Court shall consist of a Chief Judge to be 
known as Chief Judge of Gilgit-Baltistan and two other Judges: 
 
Provided that the Government of Pakistan may from time to time increase 
the number of judges. 
 
(4) 
The person holding office as Chief Judge or other Judge of the 
Supreme Appellate Court immediately before the commencement of this Order 
shall be deemed to be the Chief Judge or other Judge as the case may be 
appointed under this Order. 
 
(5) 
A person shall not be appointed as the Chief Judge or Judge of the 
Supreme Appellate Court of Gilgit-Baltistan unless he_  
(a) 
has been, or is qualified to be, a judge of the Supreme Court 
of Pakistan; or  
(b) 
has for a period of, or for periods aggregating, not less than 
five years been a Judge of a Chief Court; or 
(c) 
for a period of or for periods aggregating, not less than 
fifteen years has been an advocate of a High Court.  
Explanation.- In this sub-clause, the expression ‘High Court’ includes,- 
(a) 
the Chief Court of Gilgit-Baltistan, or an equivalent Court 
that existed in Gilgit-Baltistan before this order; and  
 
 
42
(b) 
 a High Court in Pakistan including a High Court that 
existed in Pakistan at any time before this order. 
 
(6) 
Before entering upon office, the Chief Judge of Gilgit-Baltistan 
shall make before the Governor and any other Judge of the Supreme Appellate 
Court of Gilgit-Baltistan shall make before the Chief Judge of Supreme Appellate 
Court, oath in the form set out in the First Schedule. 
 
(7) 
The Chief Judge and judges of the Supreme Appellate Court of 
Gilgit-Baltistan shall be appointed by the Chairman on recommendation of the 
Commission and shall hold office until he/she attains the age of 65 years, or 
unless he/she sooner resigns or is removed from office in accordance with law: 
 
Provided that if the Chief Judge or a Judge is a person who has been a 
Judge of the Supreme Court of Pakistan, he/she shall hold office until he/she 
attains the age of 70 years, or unless he/she sooner resigns or is removed from 
office in accordance with law. 
 
(8) 
At any time when the office of Chief Judge of Gilgit-Baltistan is 
vacant, or the Chief Judge, is absent or unable to perform the functions of his 
office due to any other cause, the Chairman shall appoint the senior most Judge 
of the Supreme Appellate Court to act as Chief Judge of Gilgit-Baltistan.  
 
(9) 
The remuneration and other terms and conditions of service of the 
Chief Judge and of a Judge of the Gilgit-Baltistan Supreme Appellate Court shall 
be such as are admissible to the Chief Justice of Pakistan and Judges of the 
Supreme Court of Pakistan.  
 
Provided that Council will provide funds to Supreme Appellate Court 
Gilgit-Baltistan. 
 
83. 
Original Jurisdiction._ (1) 
Without prejudice to the provisions of 
Article-94, the Supreme Appellate Court, on an application of any aggrieved 
party, shall if it considers that a question of general public importance with 
reference to the enforcement of any of the fundamental right conferred by   Part 
 
43
II of this Order is involved, have the power to make declaratory order of the 
nature mentioned in the said Article.  
 
 
(2) 
An application made under clause (1) shall be heard by a Bench 
comprising not less than two Judges to be constituted by the Chief Judge. 
 
84. 
Appellate Jurisdiction.- (1) Subject to the succeeding provision of this 
Article, the Supreme Appellate Court of Gilgit-Baltistan shall have jurisdiction to 
hear and determine appeals from judgments, decrees, final orders or sentences 
of the Chief Court of Gilgit-Baltistan. 
 
(2) 
An appeal shall lie to the Supreme Appellate Court of the Gilgit-
Baltistan from any judgment, decree, final order or sentence of the Chief Court of 
Gilgit-Baltistan,- 
(a) 
if the Chief Court has on appeal reversed an order of 
acquittal of an accused person and sentenced to death or to 
imprisonment for life; or, on revision, has enhanced a 
sentence to a sentence as aforesaid; or. 
(b) 
if the Chief Court has withdrawn for trial before itself any 
case from any court subordinate to it and has in such trial 
convicted the accused person and sentenced him as 
aforesaid; or 
(c) 
if the Chief Court has imposed any punishment on any 
person for contempt of the Chief Court; or 
(d) 
if the  amount  or  value of the subject matter of the dispute 
in the court of first instance was, and also in dispute in 
appeal is, not less than fifty thousand rupees or such other 
sum as may be specified in that behalf by Act of the Council 
and judgment, decree or final order appealed from has 
varied or set aside the judgment, decree or final order of the 
court immediately below; or  
(e) 
if the judgment, decree or final order involved directly or 
indirectly some claim or question respecting property or the 
like amount or value and the judgment, decree or final order 
appealed from has varied or set aside the judgment, decree 
or final order of the court immediately below; or 
 
44
 
(f) 
if the Chief Court certifies that the case involves a 
substantial question of law as to the interpretation of this 
Order.   
 
(3) 
An appeal to the Gilgit-Baltistan Supreme Appellate Court of from 
a judgment, decree, order or sentence of the Chief Court in a case to which clause 
(11) does not apply shall lie only if the Supreme Appellate Court grants leave to 
appeal. 
 
(4) 
(a) 
an appeal to Gilgit-Baltistan the Supreme Appellate Court 
shall be heard by a Bench consisting of not less than two 
judges to be constituted or reconstituted by the Chief Judge; 
(b)  
if the Judges hearing a petition or an appeal are divided in 
opinion, the opinion of majority shall prevail; 
(c) 
if there is no such majority as aforesaid the petition or 
appeal, as the case may be, shall be placed for hearing and 
disposal before another Judge to be nominated by the Chief 
Judge: 
 
 
Provided that in case of difference of opinion as aforesaid, the decision of 
the Supreme Appellate Court shall be expressed in term of opinion of the senior 
of the two Judges. 
 
(5) 
The person holding office as Chief Judge of the Gilgit-Baltistan 
Supreme 
Appellate 
Court 
of 
Gilgit-Baltistan 
immediately 
before 
the 
commencement of this Order shall as from such commencement hold office as 
Chief Judge of Supreme Appellate Court under this Order on terms and 
conditions prescribed in this Order provided these are not inferior to the terms 
and conditions applicable to him immediately before such commencement. 
 
(6) 
All legal proceedings pending in the Gilgit-Baltistan Supreme 
Appellate Court, immediately before the commencement of this Order, shall on 
such commencement, stand transferred to, and be deemed to be pending before 
the Supreme Appellate Court for determination and any judgment or order of the 
Supreme Appellate Court delivered or made before such commencement shall 
 
45
have the same force and effect as if it had been delivered or made by the Supreme 
Appellate Court. 
 
85. 
Issue and execution of processes of Supreme Appellate Court.-  
(1) The Supreme Appellate Court shall have powers to issue such directions, 
orders or decrees as may be necessary for doing complete justice in any case or 
matter pending before it including an order for the purpose of securing the 
attendance of any person or the discovery or production of any document. 
 
 
(2) 
Any such direction, order or decree shall be enforceable throughout 
Gilgit-Baltistan as if it has been issued by the Gilgit-Baltistan Chief Court. 
 
 
(3) 
All executive and judicial authorities throughout Gilgit-Baltistan 
shall act in aid of the Supreme Appellate Court. 
 
 
(4) 
Subject to this Order and Law, the Supreme Appellate Court may, 
in consultation with the Council, make rules regulating the practice and 
procedure of the Court: 
 
Provided that till the new rules are framed, the rules framed by the 
Supreme Appellate Court shall, so far as they are not inconsistent with this Order 
and any other law, deemed to have been made by the Supreme Appellate Court 
until altered or amended and references to the Supreme Appellate Court in these 
rules shall be construed to be referred to the Supreme Appellate Court. 
 
86. 
Decisions of Supreme Appellate Court binding on other 
Courts.- Any decision of the Supreme Appellate Court shall, to the extent that it 
decides a question of law or is based upon or enunciates a principle of law, be 
binding on all other Courts in the Gilgit-Baltistan. 
 
87. 
Seat of the Supreme Appellate Court.- (1) The Seat of the Supreme 
Appellate Court shall be at Gilgit. 
 
(2) 
The Supreme Appellate Court may sit at such other place or places 
as the Chief Judge of Gilgit-Baltistan, with the approval of the Governor, may 
appoint. 
 
46
 
88. 
Review of judgment or order by the Supreme Appellate Court.- 
The Supreme Appellate Court shall have powers, subject to the provisions of an 
Act of the Assembly or the Council and of any rules made by the Supreme 
Appellate Court, to review any judgment pronounced or any order made by it. 
 
89. 
Supreme Judicial Council.- (1) There shall be a Supreme Judicial 
Council of Gilgit-Baltistan.  
 
(2) 
The Supreme Judicial Council shall consist of,_ 
(a) 
the Chief Judge of  Gilgit-Baltistan who shall be its 
Chairman. 
(b) 
the Senior Judge of the Supreme Appellate Court; and  
(c) 
the Chief Judge of the Chief Court . 
 
(3) 
A Judge of the Supreme Appellate Court or of the Chief Court shall 
not be removed from office except as provided by this Article. 
Explanation: The expression “Judge” includes the Chief Judge of Gilgit-
Baltistan and the Chief Judge of Chief Court of Gilgit-Baltistan. 
 
(4) 
If on information received from the Supreme Judicial Council or 
from any other source, the Chairman of the Gilgit-Baltistan Council or the 
Governor is of the opinion that a Judge of the Supreme Appellate Court or of the 
Chief Court,_  
(a) 
may be incapable of properly performing the duties of his 
office by reason of physical or mental incapacity; or 
(b) 
may have been guilty of misconduct, the Chairman or the 
Governor, as the case may be, shall direct the Supreme 
Judicial Council to inquire into the matter. 
 
(5) 
If, upon any matter inquired into by the Supreme Judicial Council, 
there is a difference of opinion amongst its members, the opinion of  
the majority shall prevail, and the report of the Supreme Judicial Council shall be 
expressed in terms of the view of the majority. 
 
 
47
(6) 
If, after inquiring into the matter, the Supreme Judicial Council 
reports to the Chairman of the Gilgit-Baltistan Council that it is of the opinion.  
(a) 
that the Judge is incapable of performing the duties of his 
office or has been guilty of misconduct; and  
(b) 
that he should be removed from office, the Chairman shall 
advise the Governor to remove the Judge from his office and 
the Governor shall pass orders accordingly. 
 
(7) 
The Supreme Judicial Council shall issue a Code of conduct to be 
observed by Judges of the Gilgit-Baltistan Supreme Appellate Court, and of the 
Gilgit-Baltistan Chief Court. 
 
(8) 
If at any time the Supreme Judicial Council is inquiring the 
conduct of a Judge who is a member of the Supreme Judicial Council, or a 
member of the Supreme Judicial Council is absent or is unable to act due to 
illness or any other cause, than; 
(a) 
If such member is the Chief Judge or the Judge of the 
Supreme Appellate Court the Judge of the Supreme 
Appellate Court who is next in seniority; 
(b) 
If such member is the Chief Judge of Gilgit-Baltistan Court, 
the most senior most of the other Judges of the Chief Court, 
shall, act as a member of the Supreme Judicial Council in his 
place. 
 
(9) 
If, upon any matter inquired into by the Supreme Judicial Council, 
there is a difference of opinion amongst its member, the opinion of the Supreme 
Judicial Council shall be expressed in terms of the view of the majority. 
 
90. 
Power of Supreme Judicial Council to enforce attendance of 
persons, etc.-  (1) for the purpose of inquiring into any matter, the Supreme 
Judicial Council shall have the same powers as has  the  Supreme Appellate 
Court, to issue directions or order for securing the attendance of any person or 
the discovery or the production of any document and any such direction or order 
shall be enforceable as if it has been issued by the Supreme Appellate Court. 
 
 
48
(2) 
The provisions of Article 81, shall, mutatis mutandis apply to the 
Supreme Judicial Council as they apply to the Gilgit-Baltistan Supreme Appellate 
Court and the Gilgit-Baltistan Chief Court. 
 
91. 
Bar of Jurisdiction.- 
The proceedings before the Supreme Judicial 
Council, and the  removal of a Judge under Article 87, shall not be called in 
question in any Court. 
 
92. 
Gilgit-Baltistan Chief Court.- (1) There shall be a Gilgit-Baltistan 
Chief Court, hereinafter called the Chief Court, which shall consist of a Chief 
Judge and six other judges, of whom 60% will be appointed from lawyers 
community and 40% from subordinate judiciary: 
 
Provided that the Government of Pakistan may from time to time increase 
the number of judges. 
 
(2) 
The function of the Chief Court may be  performed by a Single 
Bench, a Division Bench or a Full Bench:, but the Chief Judge may recall a case 
pending before a Bench and make it over to another Bench or constitute a larger 
Bench for the purpose. 
 
(3) 
In case of difference of opinion in a Full Bench, the opinion of the 
majority shall prevail; 
 
(4) 
In case of difference of opinion in a Division Bench, the matter 
shall be referred to a third judge and the decision of the Chief Court shall be 
expressed in terms of judgment of the majority. 
 
(5) 
The person holding office as Chief Judge or other Judge of the 
Chief Court Immediately before the commencement of this Order shall be 
deemed to be the Chief Judge or other Judge as the case may be appointed under 
this Order. 
 
 (6) 
A person shall not be appointed as a Judge of the Chief Court 
unless he is 45 years of age and;  
 
49
(a) 
he has for a period, or for periods aggregating, not less than 
ten years, been an Advocate of the Chief Court or a High 
Court in Pakistan. 
Provided that the expression “High Court” herein 
shall include a High Court or an equivalent Court; or 
(b) 
he has for a period of not less than ten years held a judicial 
office out of which not less than three years shall have been 
as District and Sessions Judge. 
 
(7) 
Before he enters upon his office, the Chief Judge of the Chief Court 
shall make before the Governor, and judge of the Chief Court shall make before 
the Chief Judge, an oath in the form set out in the First Schedule. 
 
(8) 
The Chief Judge or a Judge of the Chief Court shall hold office until 
he attains the age of sixty two years, unless he sooner resigns or is removed from 
office in accordance with law: 
 
 
(9) 
If at any time any Judge of the Chief Court is absent or is unable to 
perform his functions due to illness or some other cause, the Chairman of the 
Gilgit- Baltistan Council may appoint a person qualified for appointment as a 
Judge of the Chief Court to be an Additional Judge for the period for which the 
Judge is absent or unable to perform his functions. 
 
(10) 
A Judge of the Chief Court shall not,- 
(a) 
hold any other office of profit in the service of the Gilgit-
Baltistan if his remuneration is thereby increased; or 
(b) 
occupy 
any 
other 
position 
carrying 
the 
right 
to 
remuneration for the rendering of services, but this clause 
shall not be construed as preventing a Judge from holding 
or managing private property. 
 
(11) 
A person who has held office as Judge of the Chief Court shall not 
hold any office of profit in the service of Gilgit-Baltistan not being a Judicial or 
quasi-Judicial office or the office of Chief Election Commissioner or of Chairman 
or member of the Public Service Commission, before the expiration of two years 
after he ceased to hold that office. 
 
50
 
(12) 
The remuneration and other terms and conditions of service of the 
Chief Judge and Judges of Chief Court shall be such as admissible the Chief 
Justice and the Judges of the High Courts of Pakistan. 
 
93. 
Acting Chief Judge.- At any time when- 
(a) 
the Office of Chief Judge of Chief Court is vacant; 
(b) 
the Chief Judge of Chief Court is absent or is unable to        
perform the functions of his office due to any other cause, 
the Chairman shall appoint the most senior Judge of the 
Chief Court to act as Chief Judge. 
 
94. 
Jurisdiction of Chief Court.- (1) The Chief Court shall have such 
jurisdiction as is conferred on it by this Order or by any other law. 
 
(2) 
Subject to this Order, the Chief Court may if it is satisfied that no 
other adequate remedy is provided by law,- 
(a) 
the Government, exercising any power or performing  any 
function in, or in relation to, Gilgit-Baltistan as may be 
appropriate for the enforcement of any of the fundamental 
rights conferred by this Order. on the application of any 
aggrieved party, make an order,-- 
(i) 
directing a person performing functions in connection 
with the affairs of Gilgit-Baltistan or local authority to 
refrain from doing that which he is not permitted by 
law to do, or to do that which he is required by law to 
do; or 
(ii) 
declaring that any act done or proceeding taken by a 
person performing functions in connection with the 
affairs of the Gilgit-Baltistan or a local authority has 
been done or taken without lawful authority, and is of 
no legal effect; or   
(b) 
on the application of any person, make an order.- 
(i) 
directing that a  person  in  custody  in Gilgit-Baltistan 
be brought before the Chief Court so that the Court 
 
51
may satisfy itself that he is not being held in custody 
without lawful authority or in an unlawful manner; or  
(ii) 
requiring a person holding or purporting to hold a 
public office in connection with the affairs of Gilgit-
Baltistan to show under what authority of law he 
claims to hold that office; or  
(c) 
on the application of any aggrieved person, make an order 
giving such directions to the person or authority, including 
the Council. 
 
(3) 
An order shall not be made under clause (2) on application made 
by or in relation to a person in the Armed Forces of Pakistan in respect of his 
terms and conditions of service, in respect of any matter arising out of his service 
or in respect of any action in relation to him as a member of the Armed Forces of 
Pakistan. 
 
(4) 
Where,-- 
(a) 
an application is made to the Chief Court for an order under 
sub-clause (a) or sub-clause (c) of clause (2); and  
(b) 
the Court has reason to believe that the making of an interim 
order would have the effect of prejudicing or interfering with 
the carrying out of a public work or otherwise being harmful 
to the public interest, the Court shall not make an interim 
order unless the Advocate-General has been given notice of 
the application and the Court, after the Advocate-General or 
any officer authorized by him in this behalf has been given 
an opportunity of being heard, is satisfied that the making of 
the interim order would not have the effect referred to in 
sub-clause (b) of this clause. 
 
(5) 
In this Article unless the context otherwise requires, the expression 
“person” includes any body politic or corporate, any authority of or under control 
of the Council or the Government and any court or tribunal other than the Gilgit-
Baltistan Supreme Appellate Court, the Chief court or a Court or tribunal 
establish under a law relating to the Armed Forces of Pakistan.  
 
 
52
95. 
Rules of procedure.- Subject to this Order and law the Chief Court may 
in consultation with the Government, make rules regulating practice and 
procedure of the Court or of any Court subordinate to it. 
 
96. 
 Decision of Chief Court binding on subordinate Courts.- Subject 
to Article 86, any decision of Chief Court shall, to the extent that it decides a 
question of law or is based upon or enunciates a principle of law, be binding on 
all Courts subordinate to it. 
 
97. 
Seat of the Chief Court.- (1) The permanent seat of the Chief Court 
shall be at Gilgit. 
 
(2) 
The Chief Court may, from time to time, sit at such other place as 
the Chief Judge of the Chief Court, with the approval of the Governor, may 
appoint. 
 
98. 
Contempt of Court.-  (1) In this Article the expression “Court” means 
the Gilgit-Baltistan Supreme Appellate Court or the Chief Court. 
 
 
(2) 
A Court shall have power to punish any person who-  
(a) 
abuses, interferes with or obstructs the process of the Court 
in any way or disobeys any order of the Court; 
(b) 
scandalizes the Court or otherwise does anything which 
tends to bring the Court or a judge of the Court into hatred, 
ridicule or contempt; 
(c) 
does anything which tends to prejudice the determination of 
a matter pending before the Court; or 
(d) 
does any other thing which, by law, constitutes contempt of 
the Court. 
 
(3) 
The exercise of the power conferred on a Court by this Article may 
be regulated by law and, subject to law, by rules made by the Court. 
 
99. 
The Chief Court to superintend and control all courts 
subordinate to it, etc.- (1) The Chief Court shall superintend and control all 
other courts that are subordinate to it. 
 
53
 
(2) 
A Court so established shall have such jurisdiction as conferred on 
it by law. 
 
(3) 
No Court shall have any jurisdiction which is not conferred on it by 
this Order or by or under any other law.  
 
100. Advisory jurisdiction.– (1) If, at any time, the Chairman of the Council 
or the Governor desires to obtain the opinion of the Gilgit-Baltistan Supreme 
Appellate Court on any question of law which he considers of public importance, 
he may refer the question to the Supreme Appellate Court of Gilgit-Baltistan for 
consideration. 
 
(2) 
The Gilgit-Baltistan Supreme Appellate Court shall consider a 
question so referred and report its opinion on the question to the Chairman of 
the Council or as the case may be, the Governor.  
 
101. Administrative Courts and Tribunals.– (1) Notwithstanding 
anything herein before contained, the Council in respect of matters to which its 
executive authority extends, and the Assembly in respect of matters to which the 
executive authority of the Government extends may by Act provide for the 
establishment of one or more Administrative Courts or Tribunals to exercise 
exclusive jurisdiction in respect of, - 
(a) 
matters relating to the terms and conditions of persons who 
are or have been in the service of Gilgit-Baltistan including 
disciplinary matters; 
(b) 
matters relating to claims arising from tortuous acts of the 
Council or the Government or any person in the service of  
Gilgit-Baltistan or of any local or other authority empowered 
by law to levy any tax or cess and any servant or such 
authority acting in the discharge of his duties as such 
servant; or 
(c) 
matters relating to acquisition, administration and disposal 
of any property which is deemed to be enemy property 
under any law. 
 
 
54
(2) 
Notwithstanding anything herein before contained, where any 
Administrative Court or Tribunal is established under clause (1), no other Court 
shall grant an injunction, make any order or entertain any proceedings in respect 
of any matter to which the jurisdiction of such Administrative Court or Tribunal 
extends and all proceedings in respect of any such matter which may be pending 
before such other court immediately before the establishment of the 
Administrative Court or Tribunal shall abate on such establishment.  
 
(3) 
An appeal to the Gilgit-Baltistan Supreme Appellate Court from a 
judgment, decree, order or sentence of an Administrative Court or Tribunal shall 
lie only if the Supreme Appellate Court of Gilgit-Baltistan being satisfied, that the 
case involves a substantial question of law of public importance, grants leave to 
appeal. 
 
Provided that Council will provide funds to Administrative Courts and 
Tribunals of Gilgit-Baltistan fall under Council legislative list. 
 
102. Employees of Court.- The Gilgit-Baltistan Supreme Appellate Court 
and the Gilgit-Baltistan Chief Court, with the approval of the Chairman and 
Governor respectively, may make rules providing for the appointment of 
employees of the Court and for their terms and conditions of employment. 
 
103. Supreme Court of Pakistan.- (1) The Supreme Court shall, to the 
exclusion of every other court including the Supreme Appellate Court and the 
Chief Court, have original jurisdiction in respect of: 
(i) 
any dispute between the Government, the Federation or the 
Government of a Province of Pakistan; 
(ii)  
any challenge to, or dispute raising any issue regarding, the 
vires or validity of this Order or any amendment hereto or 
modification herein, including an Order repealing, replacing 
or substituting this Order, and clause (2) of Article 126 
hereof shall apply accordingly. 
 
(2) Any aggrieved person may, subject to clause (3), appeal to the 
Supreme Court against any judgment, order or decree of the Supreme Appellate 
Court or the Chief Court made in any proceedings where the subject matter of 
 
55
the dispute or the matter in issue is not exclusively in relation to or under this 
Order or any law made hereunder or Gilgit-Baltistan. 
 
(3) An appeal under clause (2) shall lie only if the Supreme Court grants 
leave to appeal. 
 
(4) A decision of the Supreme Court, whether made under any of the 
foregoing clauses or otherwise, shall be as binding on all courts established by or 
under this Order as it is in terms of Article 189 of the Constitution on all courts in 
Pakistan, and Article 86 and Article 96 hereof shall apply accordingly. 
 
PART - XIII 
SERVICES 
104. Public Service Commission. – There shall be a Public Service 
Commission for Gilgit-Baltistan which shall consist of such number of members, 
including a Chairman to be appointed by the Chairman of the Council on the 
advice of Governor, and perform such functions as may be prescribed on such 
terms and conditions as may be determined by the Governor. 
 
 
Provided that till the establishment of the Gilgit-Baltistan Public Service 
Commission, the Federal Public Service Commission shall continue recruitment 
functions on behalf of Gilgit-Baltistan Government. 
 
105. Services. – (1) Subject to this Order, the appointment of persons to, and 
the terms and conditions of service of persons in the service of Gilgit-Baltistan 
and Council shall be regulated by law.  
 
(2) 
Until an Act of the Council in respect of persons employed in 
connection with the affairs of the Council, or an Act of the Assembly in respect of 
such persons employed in connection with the affairs of the Government, makes 
provision for the matters referred to in clause (1), all rules and orders in force 
immediately before the commencement of this Order, shall continue to be in 
force and may be amended from time to time by the Council or, as the case may 
be, the Government.  
 
 
56
(3) 
Notwithstanding anything contained in clause (1) or (2) the 
position or vacancy sharing formula between the Government of Gilgit-Baltistan 
and the Government of Pakistan, i.e. Gilgit-Baltistan Civil Service and Pakistan 
Administrative Service (PAS), Police Service of Pakistan (PSP), or all Pakistan 
Service (APS) shall be as specified in the Fourth Schedule.   
 
(4) 
Gilgit-Baltistan shall be given representation in Federal Services in 
accordance with provisions made for the purpose thereof for the provinces. 
Necessary, civil service reforms, including up gradation of posts, commensurate 
with the increased delegation of powers and in line with other provinces shall be 
carried out in Gilgit-Baltistan. 
 
PART - XIV 
ELECTIONS 
106. Chief Election Commissioner.- (1) There shall be a Chief Election 
Commissioner to be appointed by the Chairman of the Council on the advice of 
Governor on such terms and conditions as may be prescribed. 
 
(2)  
Before entering upon office, the Chief Election Commissioner shall 
make before the Chief Judge of Gilgit-Baltistan oath in the form set out in the 
First Schedule. 
 
PART - XV 
AUDITOR GENERAL 
107. Auditor-General.- (1) There shall be an Auditor General of              
Gilgit- Baltistan who shall be appointed by the Governor on the advice of the 
Council.  
 
 
Provided that till the appointment of Auditor-General of Gilgit-Baltistan, 
the Chairman of the Gilgit-Baltistan Council may ask Auditor- General of 
Pakistan to work as Auditor-General of Gilgit-Baltistan also. 
 
(2) 
Before entering upon office, the Auditor General shall make before 
the Chief Judge of Gilgit-Baltistan oath in the form set out in the first Schedule 
 
 
57
(3) 
The terms and conditions of service, including the terms of office, 
of the Auditor-General shall be determined by Act of the Council and, until so 
determined, by rules made by the Council. 
 
(4) 
The Auditor-General shall, in relation to- 
(a) 
the accounts of the Council and any authority or body 
established by the Council; and  
(b) 
the accounts of the Government and any authority or body 
established by the Government, perform such functions and 
exercise such powers as may be determined, by or under Act 
of the Council and, until so determined, by rules made by 
the Council.  
 
(5) 
The accounts of the Council and of the Government shall be kept in 
such form and in accordance with such principles and methods as may be 
determined by the Auditor-General with the approval of the Council. 
 
(6) 
The reports of the Auditor-General relating to the accounts of the 
Council shall be submitted to the Chairman of the Council; who shall cause them 
to be laid before the Council; and the reports of the Auditor-General relating to 
the accounts of the Government shall be submitted to the Governor who shall 
cause them to be laid before the Assembly. 
 
PART - XVI 
GENERAL 
108. Continuance of existing laws.- Subject to the provisions of this Order, 
all laws which immediately before the commencement of this Order, were in 
force in Gilgit-Baltistan shall continue to be in force until altered, repealed or 
amended by an Act, of the appropriate authority. 
 
 
Explanation.- In this Article.- 
(a) 
The expression ‘laws includes Ordinance, Orders, rules, bye-
laws, regulations and any notification and other legal 
instruments having the force of law, and  
 
58
(b) 
The expression ‘in force’ in relation to any law, means 
having effect as law whether or not the law has been brought 
into operation. 
 
109. General provision regarding Governor and Ministers.-  (1)  The 
Governor, the Chief Minister, a Minister or an Advisor shall not.- 
(a) 
hold any other office of profit in the service of Gilgit-
Baltistan or any other country; or  
(b) 
occupy any other position carrying the right to remuneration 
for the rendering of services; but this action shall not be 
construed as preventing the Governor, the Chief Minister, a 
Minister or an Advisor from holding or managing his private 
property. 
 
(2) 
No criminal proceedings whatsoever shall be instituted or 
continued against the Governor or the Chairman of the Council while he is in 
office.  
 
(3) 
No civil proceedings in which relief is claimed against the Governor 
or the Chairman of the Council shall be instituted while he is in office in respect 
of anything done or not done, or purporting to have been done or not done, by 
him in his personal capacity, whether before or after he enters upon his office 
unless at least sixty days before the proceedings are instituted, notice in writing 
has been delivered to him, or sent to him, stating the nature of the proceedings, 
the cause of the action, the name, description and place of residence of the party 
by whom the proceedings are to be instituted and the relief which he claims. 
 
(4) 
Except in relation to proceedings referred to in clause (3) no 
process whatsoever shall be issued from any court or tribunal against the 
Governor or the Chairman of the Council, whether in a personal capacity or 
otherwise, while he is in office. 
 
(5) 
Subject to this Order, the Governor, the Chief Minister, the 
Chairman of the Council, the Federal Minister who is a member of the Council, a 
Minister or an Advisor shall not except in respect of anything done or not done 
by him in contravention of law , be answerable to any court or Tribunal in the 
 
59
exercise of the powers, or the performance of the duties, of his office or for any 
act done or purporting to be done by him in the exercise of those powers or in the 
performance of those duties: 
 
Provided that nothing in this clause shall be construed as restricting the 
right of any person to bring appropriate proceedings against the Council or as the 
case may be, the Government. 
 
110. Power to acquire property and to make contracts, etc.- (1) The 
executive authority of the Government and of the Council shall extend, subject to 
any Act of the appropriate authority to the grant, sale, disposition or mortgage of 
any property vested in, and to the purchase or acquisition of property on behalf 
of, the Government or as the case may be, the Council, and to the making of 
contracts. 
 
 
 
(2) 
All property acquired for the purpose of the Government or of the 
Council shall vest in the Government or, as the case may be, in the Council. 
 
 
 
(3) 
All contracts made in the exercise of the executive authority of the 
Government or of the Council shall be expressed to be made in the name of the 
Governor, or as the case may be, the Council and all such contracts and all 
assurances of property made in the exercise of that authority shall be executed on 
behalf of the Governor or the Council by such persons and in such manner as the 
Governor, or as the case may be, the Council may direct or authorize. 
 
 
 
(4) 
Neither the Governor, nor the Chairman of the Council, shall be 
personally liable in respect of any contract or assurance made or executed in the 
exercise of the executive authority of the Government or, as the case may be the 
Council, nor shall any person making or executing any such contract or 
assurance on behalf of any of them be personally liable in respect thereof. 
 
 
 
(5) 
Transfer of land by the Government or the Council shall be 
regulated by law. 
 
PART - XVII 
EMERGENCY PROVISIONS 
 
60
111. 
Power to issue proclamation.- (1) If the Chairman of the Gilgit-
Baltistan Council ,on receipt of a report from Governor of Gilgit- Baltistan or 
otherwise, is satisfied that a grave emergency exists in which the security of 
Gilgit-Baltistan is threatened by war or external aggression or by internal 
disturbances, in which the Government of the Gilgit-Baltistan cannot be carried 
on in accordance with the provisions of this Order, Chairman of the Council shall 
issue Proclamation of Emergency, hereinafter referred to as the Proclamation. 
 
 
(2) 
Assume to himself, or direct the Governor of the Gilgit-Baltistan to 
assume on behalf of the Chairman of the Council , all or any of the functions of 
the Government of the Gilgit-Baltistan, and all or any of the powers vested in, or 
exercisable by, anybody or authority in the Gilgit-Baltistan, other than the 
Assembly; 
 
 
(3) 
A Proclamation shall be laid before a Joint Sitting of the Council 
and the Assembly which shall be summoned by the Chairman of the Council on 
the advice of Governor to meet within thirty days of the Proclamation being 
issued and- 
(a) 
shall, cease to be in force at the expiration of two months 
unless before the expiration of that period it has been 
approved by a resolution of the Joint Sitting; and  
(b) 
shall, subject to the provisions of sub-clause (a), cease to be 
in force upon a resolution disapproving the resolution being 
passed by the votes of the majority of the total membership 
of the Joint Sitting. 
 
 
(4) 
Notwithstanding anything contained in clause (2), if .the Assembly 
stands dissolved at the time when the Proclamation is issued, the Proclamation 
shall continue in force for a period of four months but, if a general election to the 
Assembly is not held before the expiration of that period, it shall cease to be in 
force at the expiration of that period unless it has earlier been approved by a 
resolution of the Council. 
 
 
(5) 
A Proclamation may be made before the actual occurrence of war 
or external aggression if the Governor is satisfied that there is imminent danger 
thereof. 
 
61
 
112. 
Power to suspend fundamental rights.- (1) While a Proclamation is 
in operation, the Governor may, by order, declare that right to move any Court 
for the enforcement of such of the rights conferred by Part   as may be specified 
in the order, and all proceedings pending in any Court for the enforcement of the 
rights so specified, shall remain suspended for the period during which the 
Proclamation is in force. 
 
 
(2) 
Every order made under clause (1), shall, as soon as may be, laid 
before the Assembly. 
 
113. 
Power to vary or rescind proclamation.- (1) A Proclamation issued 
under Article 108 may be varied or revoked by a subsequent Proclamation. 
 
 
(2) 
The validity of any Proclamation issued or order made under 
Article 108 or Article 109 shall not be questioned in any Court. 
 
114. Failure to comply with requirement as to time does not render 
an act invalid.- When any act or thing is required by this Order  to be done 
within a particular period and it is not done within that period, the doing  of  the  
act  or  thing  shall  not  be  invalid  or  otherwise ineffective by reason only that it 
was not done within that period. 
 
PART - XVIII 
MISCELLANEOUS 
115. 
Oath of office.-  (1)  An oath required to be made by person under this 
Order shall be made in a language that is understood by that person.  
 
(2) 
Where, under this Order, an oath is required to be made before a 
specified person and for any reason, it is impracticable for the oath to be made 
before that person, it may be made before such other person as may be 
nominated by that person. 
 
(3) 
Where, under this Order, a person is required to make an oath 
before he enters upon an office, he shall be deemed to have entered upon the 
office on the day on which he makes the oath.  
 
62
 
116.  Chairman may make laws of indemnity, etc. Nothing in the Order 
shall prevent the Chairman from making any law indemnifying any person in the 
service of Gilgit-Baltistan, or any other person, in respect of any act done in 
connection with the maintenance or restoration of order in any area in Gilgit-
Baltistan. 
 
117. Protection to Chairman, Governor, Minister, etc.—(1) The 
Chairman, the Governor, the Chief Minister, and Ministers shall not be 
answerable to any court for the exercise of powers and performance of functions 
of their respective offices or for any act done or purported to be done in the 
exercise of those powers and performance of those functions: 
 
 
Provided that nothing in this clause shall be construed as restricting the 
right of any person to bring appropriate proceedings against the Government.  
 
 
(2) No criminal proceedings whatsoever shall be instituted or continued 
against the President, Chairman or Governor in any court during his term of 
office.  
 
 
(3) No process for the arrest or imprisonment of the President, Chairman 
or a Governor shall issue from any court during his term of office.  
 
 
(4) No civil proceedings in which relief is claimed against the Chairman or 
Governor shall be instituted during his term of office in respect of anything done 
or not done by him in his personal capacity whether before or after he enters 
upon his office unless, at least sixty days before the proceedings are instituted, 
notice in writing has been delivered to him, or sent to him in the manner 
prescribed by law, stating the nature of the proceedings, the cause of action, the 
name, description and place of residence of the party by whom the proceedings 
are to be instituted and the relief which the party claims. 
 
118. Legal proceedings.— Any legal proceedings which, but for this Order, 
could have been brought by or against the Government in respect of a matter 
which, immediately before the commencing day, was the responsibility of the 
Council and has, under the Order, become the responsibility of the Assembly, 
 
63
shall be brought by or against the Government; and if any such legal proceedings 
were pending in any court immediately before the commencing day then, in 
those proceedings, for the aforesaid Council the Government shall, as from that 
day, be deemed to have been substituted. 
 
119. Failure to comply with requirement as to time does not render an 
act invalid.- When any act or thing is required by this Order to be done within a 
particular period and it is not done within that period, the doing of the act or 
thing shall not be invalid or otherwise ineffective by reason only that it was not 
done within that period.  
 
120.  Official language. (1) The official language of Gilgit-Baltistan is Urdu.  
 
 
 
(2) Subject to clause (1), the English language may be used for official 
purposes until arrangements are made for its replacement by Urdu.  
 
 
 
(3) Without prejudice to the status of the National language, the Assembly 
may by law prescribe measures for the teaching, promotion and use of any other 
language in addition to the National language. 
 
121. 
Private armies forbidden. (1) No private organization capable of 
functioning as a military organization shall be formed, and any such organization 
shall be illegal.  
 
 
 
(2) The Chairman shall, by law, provide for the punishment of persons 
found guilty of the offence under this Article and such law may also provide for 
establishment of special courts for trial of such offence. 
 
122.  Local Government. (1) The Government shall, by law, establish a local 
government system and devolve political, administrative and financial 
responsibility and authority to the elected representatives of the local 
governments.  
 
 
(2) Elections to the local governments shall be held by the Election 
Commission. 
 
 
64
123. Order not to prejudice stance.- The provision of this Order shall not 
derogate form, or in any manner prejudice, the declared stand of the 
Government of Pakistan regarding the right of self-determination for the people 
of Jammu and Kashmir in accordance with the United Nations Resolutions.  
 
124. Power to amend.-  (1) The President on advice of the Federal 
Government may, by notified Order, amend the provisions of this Order: 
 
 
Provided that no amendment shall be made or take effect unless it has 
been placed before the Supreme Court under application moved by the Federal 
Government, which shall be treated as a petition under clause (3) of Article 184 
of the Constitution, and the Supreme Court has not disapproved of the 
amendment. 
 
 
(2)  
For the purposes of this Article, any Order proposing or seeking to 
repeal or replace this Order shall be deemed to be a measure to amend it. 
 
125. Power to make rules.- The Governor or as the case may be, the 
Chairman of the Council, may make rules for carrying out the purposes of this 
Order. 
 
126. Order to override other laws, etc.- (1) The provision of this Order 
shall have effect notwithstanding anything contained in the provisions of any law 
for the time being in force except that in case of conflict between the laws of 
Pakistan and the laws framed under this Order, the laws of Pakistan shall prevail.  
 
(2) 
No Court, including the Gilgit-Baltistan Supreme Appellate Court 
and the Gilgit-Baltistan Chief Court, shall call into question or permit to be called 
into question, the validity of this Order or an Act to amend it. 
 
127. Repeal and saving.- (1) The Government of Gilgit-Baltistan Order, 
2018, hereinafter in this Article referred to as “the Repealed Order” together with 
the Orders amending it, is hereby repealed.  
 
 
65
(2) Any rules made under the Repealed Order is so far as they are not 
inconsistent with the provisions of this Order shall continue to be in force unless 
altered amended or repealed by the competent authority.  
 
128. Effect of repeal.- Where a law is repealed, or is deemed to have been 
repealed, by, under, or by virtue of this Order, the repeal shall not, except as 
otherwise provided in this Order;-  
(a) 
revive anything not in force or existing at the time at which the 
repeal takes effect; 
(b) 
affect the previous operation of the law or anything duly done or 
suffered under the law; 
(c) 
affect any right, privilege, obligation or liability acquired, 
accrued or incurred under the law; 
(d) 
affect any penalty, forfeiture, or punishment incurred in respect 
of any offence committed against the law; or 
(e) 
affect any investigation, legal proceeding or remedy in respect 
of any such right, privilege, obligation, liability, penalty, 
forfeiture or punishment; and any such investigation, legal 
proceedings or remedy may be instituted, continued or 
enforced, and any such penalty, forfeiture or punishment may 
be imposed, as if the law had not been repealed. 
 
 
*************** 
 
66
FIRST SCHEDULE 
OATH OF OFFICE OF- GOVERNOR 
[See Article 41(7)] 
 
I, ……………………………. do hereby solemnly swear in the name of Allah; 
That, as Governor of Gilgit-Baltistan, I will remain loyal to Pakistan; 
That I will perform my functions as Governor honestly and faithfully; and 
That I will not directly or indirectly communicate or reveal to any person any 
official secret which, may, come to my knowledge as Governor. 
 
So help me Allah. 
 
 
Signature of Governor  
Place  
Date 
 
Signature of Chief Judge 
Supreme Appellate Court, Gilgit-Baltistan 
 
CHIEF MINISTER 
[See Article 44(5)] 
 
 
I, ……………………………. do hereby solemnly swear in the name of Allah; 
That, as Chief Minister of Gilgit-Baltistan, I will remain loyal to Pakistan; 
That I will perform my functions as Chief Minister honestly and faithfully; and 
That I will not directly or indirectly communicate or reveal to any person any 
official secret which, may, come to my knowledge as Chief Minister; 
 
So help me Allah. 
Signature of Chief Minister 
Place  
Date 
 
Signature of Governor 
Gilgit-Baltistan 
 
67
MINISTER 
[See Article 46(2)] 
 
I, ……………………………. do hereby solemnly swear in the name of Allah; 
 
That, as Minister of Gilgit-Baltistan, I will remain loyal to Pakistan; 
That I will perform my functions as Minister honestly and faithfully; and 
That I will not directly or indirectly communicate or reveal to any person any 
official secret which, may, come to my knowledge as Minister; 
 
So help me Allah. 
 
 
Signature of Minister 
Place  
Date 
Signature of Governor 
Gilgit-Baltistan 
 
SPEAKER OR DEPUTY SPEAKER OF LEGISLATIVE ASSEMBLY 
[See Article 63(2)] 
 
I, ……………………………. having been elected as Speaker or Deputy Speaker of 
Gilgit-Baltistan Legislative Assembly do hereby solemnly swear in the name of 
Allah; 
That I will remain loyal to Pakistan; 
That I will perform my functions as Speaker or Deputy Speaker of the Legislative 
Assembly honestly and faithfully; and 
That I will not directly or indirectly communicate or reveal to any person any 
official secret which, may, come to my knowledge as Speaker or Deputy Speaker 
of the Assembly; 
 
So help me Allah. 
 
Signature of Speaker/Deputy Speaker 
Place  
Date 
 
Signature of Outgoing Squeaker /Sitting Speaker 
Gilgit-Baltistan Legislative Assembly 
 
68
MEMBER OF LEGISLATIVE ASSEMBLY 
[See Article 57(1)] 
I, ……………………………. having been elected as Member of  Gilgit- Baltistan 
Legislative Assembly do hereby solemnly swear in the name of Allah; 
 
That I will remain loyal to Pakistan; 
 
That I will perform my functions as Member of the Legislative Assembly 
honestly and faithfully; and 
 
That I will not directly or indirectly communicate or reveal to any person 
any official secret which, may, come to my knowledge as Member of the 
Legislative Assembly; 
 
So help me Allah. 
Signature of Member 
Place  
Date 
Signature of Speaker 
Gilgit-Baltistan Legislative Assembly 
 
 
 
MEMBER OF GILGIT-BALTISTAN COUNCIL 
[See Article 54(11)] 
I, ……………………………. having been elected as Member of  Gilgit- Baltistan 
Council do hereby solemnly swear in the name of Allah; 
 
That I will remain loyal to Pakistan; 
 
That I will perform my functions as Member of the Gilgit-Baltistan 
Council honestly and faithfully; and 
 
That I will not directly or indirectly communicate or reveal to any person 
any official secret which, may, come to my knowledge as Member of the Council; 
 
So help me Allah. 
 
Signature of Member 
Place  
Date 
Signature of Chairman/Vice Chairman 
Gilgit-Baltistan Council 
 
 
 
69
CHIEF JUDGE/JUDGE OF GILGIT-BALTISTAN  
SUPREME APPELLATE COURT 
[See Article 82(6)] 
 
 
I, …………………… having been appointed Chief Judge/Judge of Gilgit -
Baltistan Supreme Appellate Court do solemnly swear and I will bear true faith 
and allegiance to Pakistan and that I will faithfully perform the duties of my 
office to the best of my ability, knowledge and judgment and will administer 
justice according to the law in force Gilgit- Baltistan, without fear or favour, 
affection or ill-will. 
 
 
Signature of Chief Judge/Judge 
Place  
Date 
 
Signature of Governor/Chief Judge 
Gilgit-Baltistan  
 
 
OATH OF CHIEF JUDGE/JUDGE OF 
GILGIT-BALTISTAN CHIEF COURT 
[See Article 92(7)] 
 
 
I, ……………………. having been appointed Chief Judge/Judge of Gilgit-
Baltistan Chief Court do solemnly swear that I owe allegiance to Allah and that I 
will faithfully perform the duties of my office to the best of my ability, knowledge 
and judgment and will administer justice according to the law in force in the 
Areas comprising Gilgit-Baltistan, without fear or favour, affection or ill-will. 
Signature of Chief Judge/Judge 
 
Place  
Date 
 
Signature of Governor/Chief Judge 
Gilgit-Baltistan 
 
70
OATH OF ADVISOR 
[See Article  54(14)] 
 
I, ……………………………. do hereby solemnly swear in the name of Allah; 
 
That I will remain loyal to Pakistan. 
 
That I will perform my functions as Advisor honestly and faithfully; and 
 
That I will not directly or indirectly communicate or reveal to any person 
any official secret which, may, come to my knowledge as Advisor; 
 
So help me Allah. 
 
 
Signature of Advisor 
Place  
Date 
 
Signature of Chairman of Council 
Gilgit-Baltistan 
 
 
AUDITOR-GENERAL 
[See Article 107(2)] 
 
 
I, ……………………. do hereby solemnly swear and bear true faith and 
allegiance to Pakistan. 
That, as Auditor-General of the Areas comprising Gilgit- Baltistan, I will 
perform my functions honestly, faithfully, in accordance with the Gilgit - 
Baltistan (Empowerment and Self-Government) Order,  2009, and the law and 
to the best of my knowledge, ability and judgment, without fear or favour, 
affection or ill-will. 
Signature of Auditor General 
Place  
Date 
 
Signature of Chief Judge of Supreme Appellate Court 
Gilgit-Baltistan 
 
71
CHIEF ELECTION COMMISSIONER 
[See Article 106(2)] 
 
 
I, ……………………. do hereby solemnly swear and bear true faith and 
allegiance to Pakistan. 
That, as Chief Election Commissioner of the Areas comprising Gilgit- 
Baltistan, I will perform my functions honestly, faithfully, in accordance with the 
Gilgit-Baltistan (Empowerment and Self-Government) Order,  2009, and the law 
and to the best of my knowledge, ability and judgment, without fear or favour, 
affection or ill-will. 
 
Signature of Chief Election Commissioner 
Place  
Date 
 
 
Signature of Chief Judge of Supreme Appellate Court 
Gilgit-Baltistan 
 
SECOND SCHEDULE 
[See Article 58(2)(d)] 
 
1. 
An office, which is not a whole time office remunerated either by salary or 
by fee. 
2. 
The office of Lamberdar, Inamdar, Sufedposh and Zaildar, whether called 
by this or any other title. 
3. 
The office of the Chairman of any elective body constituted under any law 
relating to the Local Government. 
4. 
Reserve of the Armed Forces. 
5. 
Any other office which is declared by an Act of the Assembly not to 
disqualify its holder from being elected as, or from being a member of the 
Assembly. 
 
 
72
THIRD SCHEDULE 
COUNCIL LEGISLATIVE LIST 
[See Article 68 (2) (a)] 
 
1. Nationality, citizenship and naturalization. 
2. Migration from or into, or settlement in Gilgit-Baltistan. 
3. Admission into, and emigration and expulsion from Gilgit-Baltistan, 
including in relation thereto the regulation of the movements in Gilgit-
Baltistan of persons not domiciled in Gilgit-Baltistan; pilgrimages to places 
beyond Pakistan. 
4. Post and telegraphs, including telephones, wireless, broadcasting and other 
like forms of communications; Post Office Saving Bank. 
5. Foreign Exchange; cheques, bills of exchange, promissory notes and foreign 
aid. 
6. Public debt, including the borrowing of money on the security of the Gilgit-
Baltistan Council Consolidated Fund. 
7. Public debt of the Federation, including the borrowings of money on the 
security of the Federal Consolidated Fund; foreign loan and foreign aid. 
8. Council public services. 
9. Pensions, that is to say, pensions payable by the Council out of the Council 
Consolidated Fund. 
10. Ombudsman. 
11. Administrative courts for the subjects in legislative list. 
12. Libraries, museums, and similar institutions controlled by the Council. 
13. Federal agencies and institutions for the following purpose, that is to say, for 
research, for professional or technical training, or for the promotion of 
special studies. 
14. Education as respects students of Gilgit-Baltistan in foreign countries and 
foreign students in Gilgit-Baltistan. 
15. Nuclear energy, including.- 
(a) mineral resources necessary for the generation of nuclear energy; 
(b) the production of nuclear fuels and the generation and use of nuclear 
energy; and 
(c) ionizing radiations. 
(d) boilers 
 
73
16. Ports quarantine, seamen‟s and marine hospitals and hospitals concerned 
with port quarantine. 
17. Maritime shipping and navigation, including shipping and navigation on tidal 
waters, Admiralty jurisdiction. 
18. Aircraft and air navigation; the provision of aerodromes; regulations and 
organization of air traffic and of aerodrome. 
19. Light Houses, including lightships, beacons and other provisions for safety of 
aircraft. 
20. Carriage of passengers and goods by sea or by air. 
21. Copyright, inventions, designs, trademarks and merchandise marks. 
22. Opium so far as regards sale for export. 
23. Import and exports across customs frontiers as defined by the Federal 
Government, inter-provincial trade and commerce with foreign countries; 
standards of goods to be exported out of Pakistan. 
24. State Bank of Pakistan; banking, that is to say, the co-ordination with the 
Government of Pakistan of the conduct of banking business by corporations 
other than corporations owned or controlled by Gilgit-Baltistan and carrying 
out business only within Gilgit-Baltistan. 
25. The law for insurance, except as respects insurance undertaken by 
Government of Gilgit-Baltistan, and the regulation of the conduct of 
insurance business, except as respect to business under taken by Government 
of Gilgit-Baltistan, Government insurance, except so far as undertaken by the 
Government of Gilgit-Baltistan by virtue of any matter within the legislative 
competence of the Assembly. 
26. Stock-exchange and future markets with object and business not confined to 
the areas comprising Gilgit-Baltistan. 
27. Corporations, that is to say, the incorporation regulation and winding up of 
trading corporations including banking, insurance and financial corporations, 
but not including corporations owned or controlled by the Provincial 
Government of Gilgit-Baltistan and carrying on business, cooperative 
societies, and of corporations, whether trading or not, with object not 
confined to the Gilgit-Baltistan, but not including universities. 
28. International treaties conventions and agreements and international 
arbitration 
29. National Highways, strategic roads, and highways continuing beyond the 
territory of the Gilgit-Baltistan. 
 
74
30. Federal surveys including geological surveys and Federal meteorological 
organizations. 
31. Fishing and fisheries beyond territorial waters 
32. Works, lands and buildings vested in, or in the possession of the Government 
or Federal Government, for the purpose of the Federation (not being Military, 
Naval or Air Force works), but as regards property situate in the Gilgit-
Baltistan, subject always to law made by the Assembly, save in so far as 
Federal law otherwise provides. 
33. Census. 
34. Establishment of standards of weights and measures. 
35. Extension of the powers and jurisdiction of members of a police force 
belonging to the Gilgit-Baltistan or any Province of Pakistan to any area in 
such Province or the Gilgit-Baltistan, but not so as to enable the police of the 
Gilgit-Baltistan or such province to exercise powers and jurisdiction in such 
Province or the Gilgit-Baltistan without the consent of the Government of 
that Province or the Gilgit-Baltistan; extension of the powers and jurisdiction 
of members of a police force belonging the Gilgit-Baltistan or a Province of 
Pakistan to railway areas outside the Gilgit-Baltistan or that Province. 
36. Duties of Customs, including export duties. 
37. Duties of excise, including duties on salt but not including duties on alcoholic 
liquors, opium and other narcotics. 
38. Railways. 
39. Mineral oil natural gas; liquids substances declared by Federal law to be 
dangerously inflammable. 
40. Development of industries, where development under Federal control is 
declared by Federal law to be expedient in the public interest; institutions, 
establishments, bodies and corporations administered or managed by the 
Federal Government immediately before the commencing day of this Order 
41. Electricity and bulk water storage. 
42.  Major ports, that is to say the declaration and delimitation of such ports, and 
the constitution and powers of port authorities therein 
43. All regulatory authorities established under Federal laws. 
44. Supervision and management of public debt. 
45. Legal, medical and other professions. 
46. Standards in institutions for higher education and research, scientific and 
technical institutions. 
 
75
47. Terminal taxes on goods or passengers carried by railway or air, taxes on 
their fares and freights. 
48. Fees in respect of any of the matter enumerated in this list. 
49. Fees in respect of any of the matters enumerated in this list, but not including 
fees taken in any court. 
50. National Planning and national economic coordination including planning 
and coordination of scientific and technological research. 
51. Inter-provincial matters and co-ordination 
52. Jurisdiction and powers of all courts with respect to any of the matters 
enumerated in this list. 
53. Offences against laws with respect to any of the matters enumerated in this 
list. 
54. Inquiries and statistics for the purpose of any of the matters enumerated in 
this list. 
55. Matters which under the law are within the legislative competence of the 
Council or relates to the Chairman of the Council. 
56. Taxes on income other than agricultural income. 
57. Taxes on corporations. 
58. Taxes on the sale and purchases of goods and services imported, exported, 
produced, manufactured or consumed. 
59. Taxes on the capital value of the assets, not including taxes on capital gains 
on immovable property. 
60. Taxes and duties on the production capacity of any plant, machinery, under 
taking, establishment or installation in lieu of the taxes and duties specified 
in entries 56 and 57 or in lieu of either or both of them. 
61. Election to the Council 
62. The salaries, allowances and privileges of the Members of the Council and 
Advisors. 
63. Matter incidental or ancillary to any of the matters enumerated in this list. 
 
 
 
76
FOURTH SCHEDULE  
SERVICES  
[See Article 93(3)]  
 
POSITION OR VACANCY SHARING FORMULA BETWEEN THE 
GOVERNMENT OF PAKISTAN AND THE GOVERNMENT OF GILGIT-
BALTISTAN. 
 
Government of 
Gilgit-Baltistan 
PAS 
/PSP/APS 
BS-17 
BS-18 
BS-19 
BS-20 
BS-21 
25% 
40% 
50% 
60% 
65% 
 
N.B-Percentage showing the share earmarked for PAS/PSP/APS, out 
of total number of vacancies in Gilgit-Baltistan (on the pattern of 
Federal Government and Provinces of Pakistan). 
 
_________________________________________________ 
F.No. 13 (2)/2018-Admn (GBC)  
 
 
 
 
(Hamid Mahmood Rana) 
Deputy Secretary 
 
 
APPENDIX 
 
A.  
In the proposed Article 82: 
 
(i)  
In clause (5), for sub-clause (a), substitute the following: 
 
(a) has been, or is qualified to be, a judge of the Supreme Court of Pakistan; or 
 
(ii)  
In clause (7), replace the full stop with a colon, and add the following proviso at 
the end: 
 
Provided that if the Chief Judge or a Judge is a person who has been a 
Judge of the Supreme Court of Pakistan, he/she shall hold office until he/she 
attains the age of 70 years, or unless he/she sooner resigns or is removed from 
office in accordance with law. 
 
B.  
For the proposed Article 103, substitute the following: 
 
103. Supreme Court of Pakistan.- 
 
(1) 
The Supreme Court of Pakistan shall, to the exclusion of every other court 
including the Supreme Appellate Court and the Chief Court, have original jurisdiction 
in respect of: 
 
(i) any dispute between the Government, the Federation or the Government of a 
Province of Pakistan; 
 
(ii) any challenge to, or dispute raising any issue regarding, the vires or validity 
of this Order or any amendment hereto or modification herein, including an 
Order repealing, replacing or substituting this Order, and clause (2) of Article 
126 hereof shall apply accordingly. 
 
(2) Any aggrieved person may, subject to clause (3), appeal to the Supreme Court of 
Pakistan against any judgment, order or decree of the Supreme Appellate Court or the 
Chief Court made in any proceedings where the subject matter of the dispute or the 
matter in issue is not exclusively in relation to or under this Order or any law made 
hereunder or Gilgit-Baltistan. 
 
(3) An appeal under clause (2) shall lie only if the Supreme Court of Pakistan grants 
leave to appeal. 
 
(4) A decision of the Supreme Court of Pakistan, whether made under any of the 
foregoing clauses or otherwise, shall be as binding on all courts established by or under 
this Order as it is in terms of Article 189 of the Constitution on all courts in Pakistan, 
and Article 86 and Article 96 hereof shall apply accordingly. 
 
C.  
For the proposed Article 124, substitute the following: 
 
124. Power to amend.- (1) The President on advice of the Federal Government may, 
by notified Order, amend the provisions of this Order: 
 
Provided that no amendment shall be made or take effect unless it has 
been placed before the Supreme Court of Pakistan under application moved by 
the Federal Government, which shall be treated as a petition under clause (3) of 
Article 184 of the Constitution, and the Supreme Court has not disapproved of 
the amendment. 
 
(2)  
For purposes of this Article, any Order proposing or seeking to repeal or replace 
this Order shall be deemed to be a measure to amend it. 
 
-: 1 :- 
 
17th January 2019 
PRESS SUMMARY 
 
CIVIL AVIATION AUTHORITY VS. SUPREME APPELLATE COURT GILGIT 
BALTISTAN, ETC. (CONSTITUTION PETITION NO.50/2018, ETC.) 
 
JUSTICES 
 
Chief Justice Mian Saqib Nisar, Justice Sh. Azmat Saeed, Justice Umar Ata Bandial, Justice 
Faisal Arab, Justice Ijaz Ul Ahsan, Justice Sajjad Ali Shah and Justice Munib Akhtar 
 
BACKGROUND 
 
The instant matters pertain to an important historical and constitutional issue involving the status, 
authority and powers for Gilgit-Baltistan, including the judiciary and the rights available to its 
people. The following issues were presented in the various petitions and considered by the 
Court:- 
i. 
Would granting fundamental rights and a status, role and recognition of Gilgit-Baltistan 
in the constitutional scheme of Pakistan prejudice Pakistan’s cause for the resolution of 
the Kashmir dispute by such appropriate means as may be acceptable to Pakistan (which 
could, for example, be a United Nations sanctioned and supervised plebiscite)? 
ii. 
What rights can be granted to the people of Gilgit-Baltistan? 
iii. 
Is the Gilgit-Baltistan Supreme Appellate Court a constitutional court? 
 
JUDGMENT 
 
The Supreme Court disposes of the matters according to the details contained in the judgment, 
save those petitions in which a specific order or judgment, of either the Gilgit-Baltistan Supreme 
Appellate Court or the Chief Court, has been challenged. Such petitions shall be deemed pending 
and be treated and disposed of as the leave petitions envisaged under Article 103 of the Proposed 
Order (as described in the judgment), when promulgated. 
 
REASONS FOR JUDGMENT 
 
Nothing this Court recommends or orders should affect the nature and status of the Kashmir 
issue. It must be emphasized that all the measures and directions taken and given must be 
predicated by the caveat that these are subject to the result of the plebiscite, which is duly 
recognized in Article 257 of the Constitution of the Islamic Republic of Pakistan, 1973 
(“Constitution”). As a responsible member of the comity of nations Pakistan remains aware of its 
obligations in such terms. As and when the promised plebiscite is organized by the parties to the 
dispute, it will be up to the people of all of Jammu and Kashmir, and of Gilgit-Baltistan, to make 
their choice. Till then, it is surely incumbent upon both India as well as Pakistan to ensure that 
the people of this region enjoy maximum rights for areas within each country’s control. 
Therefore, till such time that the plebiscite is held, a proper arrangement must be provided for by 
Pakistan for the people of Gilgit-Baltistan for purposes of governance within a framework of a 
 
-: 2 :- 
constitutional nature, including most importantly the enjoyment of fundamental rights. (See 
paragraph 20 of the judgment) 
 
In 1999, this Court in the case of Al-Jehad Trust (1999 SCMR 1379) directed the Pakistan 
Government to extend fundamental freedoms to the Northern Areas (now referred to as Gilgit-
Baltistan) within six months. The judgment declared that Pakistan exercised both de facto and de 
jure administrative control over the Northern Areas. This Court ruled in the Al-Jehad Trust case 
that the people of the region were “citizens of Pakistan for all intents and purposes...and could 
invoke constitutionally guaranteed fundamental rights.” It also emphasized that the people of the 
Northern Areas were “entitled to participate in the governance of their area and to have an 
independent judiciary to enforce...Fundamental Rights.” (See paragraph 16 of the judgment)  
 
In the judgment, the Court has considered what would be the position (i.e., status, powers and 
jurisdiction) of the judicial, legislative and executive organs established by an instrument of the 
nature of the Gilgit Baltistan Order, 2018. In accordance with well-established principles of 
law, the Gilgit-Baltistan legislature would only have such powers as are conferred upon it by the 
Federation through the Proposed Order. The courts created by such Order shall have the power to 
judicially review the laws enacted by such legislature. Of course, the organs created by the 
Proposed Order (or any previous or subsequent such Order), and especially any legislative body, 
would be bound not merely by the Order, but also by the Constitution. The jurisdiction of a 
Gilgit-Baltistan court established by or under the Proposed Order is confined to the territory of 
Gilgit-Baltistan. Therefore, it is concluded that the intention was, and is, to give the Gilgit-
Baltistan Supreme Appellate Court and the Chief Court the status of a “constitutional” court 
within the ambit of Gilgit-Baltistan and the Proposed Order. The Gilgit-Baltistan Courts do not, 
and will not, sit as courts having the power of judicial review in respect of the territory of 
Pakistan, nor can they declare Orders made or legislation passed by the President or the 
Parliament as ultra vires, nor can they initiate judicial review of departments working outside of 
Gilgit-Baltistan. Instead, the Proposed Order (or any previous or subsequent such Order) can be 
challenged by, inter alia, the people of Gilgit-Baltistan, but only before this Court, either under 
Article 184 of the Constitution or in the manner herein after provided. (See paragraphs 24 and 25 
of the judgment) 
 
DIRECTIONS 
 
Accordingly, by the judgment, this Court directs and orders as follows:- 
i. 
The Proposed Order (modified in the manner as noted in the judgment), and annexed to 
the judgment, shall be forthwith promulgated by the President on the advice of the 
Federal Government, and in any case within a fortnight hereof;  
ii. 
No amendment shall be made to the Order as so promulgated except in terms of the 
procedure provided in Article 124 of the same, nor shall it be repealed or substituted, 
without the instrument amending, repealing or substituting (as the case may be) the same 
being placed before this Court by the Federation through an application that will be 
treated as a petition under Article 184(3) of the Constitution. Nothing in the judgment 
shall be construed to limit the jurisdiction conferred on this Court by the Proposed Order 
itself; and 
iii. 
If the Order so promulgated is repealed or substituted by an Act of Parliament the validity 
thereof, if challenged, shall be examined on the touchstone of the Constitution. 
(See paragraph 29 of the judgment)  
 
NOTE:  
This summary is provided to assist in understanding the Court’s decision. It does not form part of 
the reasons for the decision. The full judgment of the Court is the only authoritative document. The 
judgment is a public document and available at http://www.supremecourt.gov.pk.