Political developments in Gilgit-Baltistan In 1950, Gilgit agency has been given under Ministry of Kashmir affairs. Although Pakistan made the political position of Gilgit Baltistan controversial and here Pakistan executed FCR (frontier crime recollection) in Gilgit Baltistan which was only in tribal zones on another side of Pakistan abolished by SSR (state subject rule).SSR was the law levied by Maharaja of Kashmir in 1927 which also happen in Azad Jammu and Kashmir. According to this law: “No one had the right to make possessions and no right to take Government job from out of the state. The dual policy of Pakistan ruined the culture custom and tradition of Gilgit Baltistan. From 1947 to 1970 the people of Gilgit Baltistan had no political rights in this period and Pakistan ruled as a king and destroyed the will of the peoples.”37 In 1952 the joint secretary of ministry of Kashmir Affairs had given the political neighborhood for Gilgit-Baltistan. On March 2, 1963 a boundary pact signed by Pakistan and China. According to this pact, the area of Shimshal and Khunjarab(Gilgit-Baltistan) which is round about 2050 square km had been agreed to give to China. This pact was temporary and when the Kashmir issue would solve then Respective Sovereign Authority and China would be chooses the condition on table. In 1967, the post of resident for Gilgit-Baltistan parted from ministry of Kashmir affairs and moved to Gilgit. The local for Gilgit-Baltistan had many power at that time such as civil administration, law making, high court, FCR, provincial and financial powers. The verdict of resident was final no right to go in any other courts. In November 1970, president of Pakistan, General Agha Yahya khan 1st time recognized advisory council for Northern Areas. The advisory council comprises of fourteen members eight from Gilgit and six from Baltistan. The local of Gilgit Agency was head of the council. The function of council was only to advice on the advancement of administration and also plan for the growing schemes. For the sanction of developmental schemes council established development working party which comprise of five members. The local was only the chairman of the development working party. This advisory council was not an assembly but nothing is better than something the people of Gilgit-Baltistan recognized and thought that this was better for the area and government of Pakistan took footstep for the people of Gilgit-Baltistan.38 On September 1971, Zulfiqar Ali Bhutto came into power and he was the famous leader as well. Bhutto eliminated FCR from Gilgit-Baltistan in 1972. He changed the name of Gilgit agency into Northern Areas of Pakistan and forms two districts named Gilgit and Baltistan later after few months he also form Damir district. He also Pardon the Malia. In the era of Zulfiqar Bhutto, he did many works for the improvement of the area and people of Gilgit-Baltistan. He gave subsidy on foods and many others basic necessities. He extended the scholarship for the students of the area who were studying in different universities and colleges of Pakistan. Zulfiqar Ali Bhutto changed the political local into resident and commissioner in 1972. Resident and commissioner had the control of provincial government and he was the main executive of the area. On 25 October 1974, he creates another district named Ghancha. Zulfiqar Ali Bhutto parted Judiciary from administration and appointed Judicial Commissioner and District and Session Judge in Gilgit and one Civil Judge for each districts. On 24 September 1974, Zulfiqar Ali Bhutto eradicated the state of Hunza and Nagar and merged these areas into the administration of Gilgit-Baltistan. Bhutto also rejected Raj gi system and dissolved all Rajas. In 1975, Zulfiqar Ali Bhutto presented 1st package for Gilgit-Baltistan named “THE NORTHERN AREAS COUNCIL LEGAL FRAMEWORK ORDER, 1975”. According to this order he made “Northern Areas Council”. The council consists of sixteen members which were directly chosen through elections. This was the 1st time in the history of Gilgit-Baltistan that people casted their votes and selected representatives. He also chose election commissioner in Gilgit-Baltistan. The council consisted of the Chairman, who was the Minister for Kashmir Affairs and Northern Areas. The vice Chairman was elected by the vote from the associates of the council. The term of office of the council was four years beginning on the day of its first meeting? Provided that it may be melted earlier if a resolution to this effect is passed by the council by a majority of two-thirds of its membership. There was limited function of the council. The following was the function of the Council. 1. To call for information and suggest progresses relating to any matter regarding the administration of Northern Areas; 2. To instruct the Provincial Government on matters relating to local bodies in the Northern Areas; 3. To allot significances for development schemes and to decide, on the basis of such priorities, the inclusion or exclusion of a scheme in the Five Years Plans and the Annual Development Program. 4. To analyze the progress of work of various development programs, scheme, projects and acclaim such steps as may be considered necessary for speedy implementation of the scheme and the maximum utilization of funds; 5. To accord approval to a development structure costing not more than twenty-five lakh rupees non-recurring and five lakh rupees recurring; 6. To exercise and perform all the powers and functions which may be exercise and performed by a metropolis in Pakistan and to make laws linking to the said matters. In this order development working party also constituted which consist of the commissioner, Northern Areas who was chairman and the following other members namely: i. Five members of the Council, one each from the Districts of Gilgit, Damir, Baltistan, Ghanche and Ghizer. ii. Chairmen of the Districts Council in Northern Areas. iii. Representative of Finance Division, Planning and Development Division, Defence and Kashmir Affairs and Northern Affairs Division. iv. Development Commissioner, Northern Areas. v. Such representatives of the concerned departments in Northern Areas as the Commissioner, Northern Areas may cooperate for each meeting. The working party inspected all development schemes to be presented to the Council. The Working Party also expressed proposals for sector-wise and district-wise provision of the funds for the approval to the council.39 July 5, 1977 General Zia ul Haq took control of the government and imposed Marshall Law in Gilgit-Baltistan. Here remember Gilgit-Baltistan had protection from Marshall Law of 1958. Zia ul Haq stated Gilgit-Baltistan Marshall Law zone ‘E’ and appointed Force Commander Northern Areas as a Marshall Administrator. In 1978 Gilgit-Baltistan declared civil division and Resident Commissioner transformed into Commissioner. In 1979 the power of provincial and chief executive shifted from Commissioner to Ministry of Kashmir Affairs and Northern Areas. The main change which was done by General Zia Ul Haq, he nominated three members from Gilgit-Baltistan in Federal Majlis-e-Shura. Wazir Ghulam Mehdi from Baltistan, Mir Ghazanfar Ali Khan from Gilgit and Wazir Muhammad Aflatoon from Diamir District. This was first time in the history of Gilgit-Baltistan that they come up to federal institution. In 1987, the member of Northern Areas Council, Agha Muhammad Ali Shah Mosvi was chosen as the advisor to Prime Minister of Pakistan Muhammad Khan Jenojo. This post was equal to federal state minister.40 In 1993, Malik Miskeen submitted constitutional application in Azad Kashmir High Court and the Court gave decision that Gilgit-Baltistan was the part of State of Jammu and Kashmir and the area was under the jurisdiction of Azad Kashmir. So Pakistan must dismiss Karachi Pact and hand over the administration of Gilgit-Baltistan to Government of Azad Kashmir later this decision was terminated by Azad Kashmir Supreme-Court.41 In June 1994 Prime Minister of Pakistan Benazir Bhutto announces an another political package for Gilgit-Baltistan name “NORTHERN AREAS COUNCIL FOR LEGAL FRAMEWORK ORDER, 1994” According to this order, the post of deputy chief executive created which was elected by the council through election. The Minister for Kashmir Affairs and Northern Areas was main executive of the area. Five members from council were selected as advisor. The members of council increased from sixteen to twenty four members, two reserve seats for women. The advisor was corresponding to provincial minister. Some legislative authorities were also given to the council in the place of Judicial Commissioner, chief court made this order which consists of three members. In this order secretariat was also established and consisted of chief secretary and five secretaries which was under ministry of Kashmir and northern areas affairs. After this order election were done in Gilgit-Baltistan.42 In 1999, the government of Mian Muhammad Nawaz Sharif altered the northern areas legal framework order, 1994 and changed northern areas council into northern areas legislative council and gave judicial power in 49 items.43 On May 28, 1999 Supreme Court of Pakistan ordered that the people of Gilgit-Baltistan shall give the government through their representative in six months. And another correction in Northern Areas Legal Framework Order, 1994 was done by General Pervaiz Musharaf on November 20, 2002. In this modification the post of speaker and deputy speaker created and gave power to run the term of Council. The standby seats for women extended from two to five, one seats for each districts and total numbers of council consist of twenty nine members. The deputy speaker shall be entitled to the status of Provincial Minister. This amendment was allotted by Ministry of Kashmir Affairs and Northern Areas with the sign of Section Officer of the Ministry. On Tuesday, October 24, 2007 President General Pervez Musharraf announced a political improvements package for the Northern Areas. He announced the advancement of the Northern Areas Legislative Council to the Northern Areas Legislative Assembly. According to the Musharaf Package, the new assembly could elect its own head and could make and sanction its own budget. All administrative and financial powers of the Kashmir Affairs and Northern Areas Ministry would be moved to the Northern Areas. The local judicial system will, however, remain a part of the Ministry of Kashmir Affairs and Northern Areas. Northern Areas council had been given the status of a legislative assembly with powers to argument and passes its budget. The existing council has 36 seats, 24 elected and 12 reserved (six for women and six for technocrats) and it has the power to authorize on 49 subjects. General Musharraf said that the deputy chief executive would henceforth be called the chief executive with full administrative and financial authority and the present chief executive (a federal minister) would be the chairman of the Northern Areas government. The president said that the chief executive would be selected by the new assembly. The President said the Chief Executive, Speaker and Deputy Speaker of NALA can now also leave or face a no-confidence motion, which he added was a step forward towards better democracy. An accountant general office would be set up to audit the accounts of the region. New district, consisting of Hunza and Nagar subdivisions, would be produced. Musharaf also publicized two subdivisions in the Baltistan region. The president also announced that cases registered by the National Accountability Bureau against officials of the Northern Areas administration would be transferred from Islamabad to Gilgit. He publicized a reduction of agricultural loans of less than Rs 50,000, from which at least 12,000 people could profit. He also announced a decrease on the profit on SME loans. The formation of a border commission to resolve boundary disputes between the Northern Areas and NWFP was announced as well as an increase in the regional developmental budget from Rs 6.5 billion to Rs 7.6 billion. President Musharraf announced the formation of 1,000 posts in the Northern Areas administration and the direct handover of the budget from the federal Finance Ministry. He said an added chief secretary for the Northern Areas would be vicarious to head the Northern Areas working development party. The region has so far been governed by the government of Pakistan through the Ministry of Kashmir Affairs and Northern Areas under the Northern Areas Legal Framework Order, 1994. Any succeeding government can terminate the new system because it is amalgamated in the regional Legal Framework Order, which is not covered under the 1973 Constitution. Under the actions announced by General Musharraf in Gilgit, the 34-member Northern Areas Legislative Council has been renamed Assembly, and is to increase the powers to prepare, debate and pass the Northern Areas budget and development, the state-run Associated Press of Pakistan reported. General Musharraf was reported to said “most of the powers presently being exercised by the [federal] Ministry of Kashmir and Northern Areas would be transferred” to the Northern Areas Legislative Assembly, and its leader, an elected representative, is to be called Chief Executive. The leader of the NALC was known as deputy chief executive and worked under the federal KANA Minister, who was the selected as Chief Executive. The Minister was to be nominated as Chairman, Northern Areas. Members of the Northern Areas assembly may also change a vote of no-confidence against the Chief Executive, or the Speaker or the Deputy Speaker. The President also declared the setting up of a Northern Areas Development Working Party to be regulated by an additional chief secretary, for approval and implementation of the development projects in various sectors. The Chief Secretary Northern Areas will act as the Principal Accounts Officer. An assessment and Account Institution for Northern Ares was to be put in place. It is not clear yet how much power the Chief Executive will have in the creation of top appointments in the organization. Former, the appointments were made by the KANA Ministry, and the officials were answerable to the federal minister.44 On September 9, 2009 Prime Minister of Pakistan declares new package for Gilgit-Baltistan named “GILGIT-BALTISTAN EMPOWERMENT AND SELF GOVERNANCE ORDER -2009” The autonomous government decided to take the Northern Areas further towards full internal sovereignty. Here, I would like to mention that all major developments were made during the period of PPP. The first visible administrative improvement came through the Northern Areas Council Legal Framework Order 1974-75 by Shaheed Zulfiqar Ali Bhutto, where in major administrative, judicial and political improvements were introduced and Jagirdari Nazam and FCR were abolished. Further democratization was done through the Northern Areas Legal Framework Order, 1994 by Shaheed Mohtrama Benazir Bhutto so as to ensure more internal autonomy to the people of Northern Areas through their selected representatives. The Gilgit-Baltistan Assembly will express its own Rules of Procedures while legislation on various subjects relevant to governance will be done by the Council and Assembly in their respective authority. This will replace Northern Areas Governance Order, 1994. The area would be given full rights as Azad Jammu and Kashmir; however it could not be given provincial status as per the Constitution. The New Order has fifteen major parts. • The new name of Northern Areas of Pakistan shall be Gilgit-Baltistan as proposed under Article-2(f). • There shall be a Governor of Gilgit-Baltistan as proposed under Article-20 and shall be appointed by the President of Pakistan. • Till the election of the new legislative Assembly, Federal Minister for KANA will act as Governor. • There will be a Chief Minister of Gilgit-Baltistan who shall be elected by the Gilgit-Baltistan Legislative Assembly. • The Chief Minister shall be assisted by six Ministers. • There shall be a provision of two advisors to the Chief Minister. • There shall be Legislative assembly having directly elected 24 members. In addition there shall be six women and three technocrats’ seats. Decision will empower the Gilgit-Baltistan Council and Assembly to make laws. The subject under which the Assembly shall now have power to make law has increased from 49 to 61 while the Council shall have 55 subjects. • In order to empower the Council and the Assembly on financial matters, there shall be a Council Consolidated Fund under article 54, and Gilgit-Baltistan Consolidated Fund under article 55. • Regarding annual budget, a detailed item-wise budget shall be presented before the Gilgit-Baltistan Assembly as it is being practiced in Pakistan and shall be accordingly voted upon as suggested in article 56. • The Chief Judge of Supreme Appellate Court shall be appointed by the Chairman of the Council on the Advice of the Governor and other Judges shall be appointed by the Chairman on the Advice of Governor after seeking views of the Chief Judge. • The Chief Judge and Judges of the Chief Court shall be appointed by the Chairman of the Council on the advice of the Governor on the same pattern as it is being practiced in AJ&K. • The number of judges has been increased from 3 to 5. • The tenure of the present Judges of the Supreme Judiciary has been protected in the package. • Another step forward to empower the People of the areas is the establishment of Gilgit-Baltistan Public Service Commission and Gilgit-Baltistan Services under under Article-80 & 81. • Auditor General Gilgit-Baltistan to be appointed by the Governor on the advice of Council as the case in AJ&K. • There shall be a Chief Election Commissioner under article-82 as well as Auditor General besides emergency provisions under article-83 & 87 respectively.45 After the approval of Cabinet, President of Pakistan Asif Ali Zardai signed the package on September 9, 2009.
Posted on: Sun, 07 Dec 2014 09:13:51 +0000
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