Pakistan and Kashmir: Policy and Representation

Since 1947, Kashmir has stood at a crossroads between India and Pakistan. Geographically and demographically, Kashmir has strong links with Pakistan. The territory of Kashmir, divided by the Line of Control, has become a question not only of where Kashmir rightfully belongs but also of how its people are treated.

On August 5, 2019, India revoked Jammu and Kashmir’s special constitutional status by removing the provisions associated with Articles 370 and 35A. This brought the region under a new constitutional and administrative framework imposed by the Indian government. The move not only altered the region’s status but also raised concerns about the sovereignty and identity of Jammu and Kashmir. India’s policies have raised concerns about demographic changes and the settlement of non-Kashmiris in the region. Indian-administered Kashmir has also faced allegations of mass detention, restrictions on media and the press, limitations on political representation, and abuses associated with the Armed Forces Special Powers Act (AFSPA). These issues have remained central to criticism of Indian policy, while accountability and meaningful dialogue continue to be important concerns.

In contrast, Pakistan has supported United Nations resolutions concerning the right of the people of Kashmir to determine their future through a plebiscite. The status of Azad Jammu and Kashmir, however, remains widely misunderstood. People in Pakistan and Pakistan-administered Azad Jammu and Kashmir may have limited or incomplete knowledge of its constitutional and legal relationship with Pakistan. Pakistan presents itself as an advocate for Kashmir, providing diplomatic support and a platform to raise the issue at the United Nations.

Under the Constitution of Pakistan, Azad Jammu and Kashmir is not a province of Pakistan. Article 257 states that, when the people of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and the state will be determined according to their wishes. Therefore, Azad Jammu and Kashmir does not participate in the National Finance Commission system in the same way as Pakistan’s provinces. However, this does not mean that it receives no financial support from Pakistan.

Azad Jammu and Kashmir has its own system of self-government under the Interim Constitution Act of 1974, with a president, prime minister and legislative assembly. The Assembly has 53 seats, including 45 general seats and eight reserved seats. Of the 45 general seats, 33 are elected from constituencies within Azad Jammu and Kashmir, while 12 represent refugees from Indian-administered Jammu and Kashmir settled in different parts of Pakistan. This arrangement forms part of the region’s political and electoral framework.

The argument that incorporating Azad Jammu and Kashmir as a province could conflict with the principle of self-determination is central to this debate. Wheat and electricity subsidies have also been important public concerns, with arrangements intended to make essential supplies more affordable for residents. The region has its own rules governing state-subject status and land ownership, which distinguish property rights in Azad Jammu and Kashmir from those in Pakistan’s provinces. These arrangements should be understood through the relevant legal provisions rather than broad generalisations.

Through this lens, India’s revocation of Article 370 on August 5, 2019, illustrates how unilateral constitutional measures can affect Kashmir’s political status and the interests of its people. Pakistan also plays a significant role in the security and protection of Azad Jammu and Kashmir, particularly given the continuing tensions along the Line of Control.

Pakistan provides administrative, financial and security support to Azad Jammu and Kashmir. It has also maintained that dialogue and diplomatic efforts are necessary to resolve the Kashmir dispute in accordance with the wishes of the Kashmiri people. While understanding the constitutional position of Azad Jammu and Kashmir, it is equally important to view the issue from the people’s perspective.

Limited understanding of the issue can lead to mistrust and misunderstanding. Growing expectations, slow economic development and public concerns about government performance can contribute to resentment. The influence of social media and differing political viewpoints can also shape public perceptions of political representation and public services, sometimes leading to disputes and conflict.

The people of Kashmir and Pakistan share close historical, cultural and religious ties. Pakistan has kept the Kashmiri cause central to its stated national interests. Pakistani security forces are deployed along the Line of Control amid continuing security concerns. However, political differences and public grievances should not be dismissed as propaganda. Weaknesses in governance should be addressed through proper channels, accountability and effective communication.

It is necessary to make Azad Jammu and Kashmir’s constitutional position and governance arrangements transparent so that people can better understand their rights and responsibilities. Pakistan’s policy towards Kashmir has a clear stated objective, but its approach remains complex because it involves constitutional considerations, security concerns, diplomatic commitments and administrative responsibilities. A better understanding of these factors can help reduce misconceptions and strengthen informed debate about Kashmir’s future.

Meerab Binte Faisal is an undergraduate student of Defence and Strategic Studies at the National Defence University, Islamabad. She is a researcher and analyst with an interest in strategic affairs, national security, statecraft and geopolitical developments. She is also a nonprofit worker and activist engaged in youth development, civic awareness and community initiatives. She can be reached at meerabfaisal638@gmail.com.