Analytical and Critical Study of the Constitution of Azad Kashmir and Its Territory under International Law

https://doi.org/10.5281/zenodo.17494554

Abstract

This research paper  is meant to study the Azad Jammu and Kashmir constitution, its history through amendments and to see whether the international law accepts it as a State and whether its constitution is a constitution in the eye of law or not? As there are many questions in the minds of legal fraternity that on one side Azad Kashmir is practically governed and administered by Federal Government of Pakistan executively, legislatively and judicially just terming it a province of Pakistan but on the other side Azad Kashmir has its own interim constitution, own national flag, own national anthem, own government, own supreme court etc. So how legal jurisprudence under international law see it and what are the replies for these questions accordingly?

For the purposeful theme mentioned above this research have been included as many as more than 7 headings, stating short history of constitution with amendments, defines the state meaningfully under international law, defines the constitutional law jurisprudentially, explains different theories, concepts and ideas with regards to the State and Constitutions and then compare and apply it with regard to the Azad Kashmir territory and its interim Constitution. Definitions of the State and Constitution given by different jurists under international law have been reproduced and discussed in order to meet the ends of this topic as well as the aim of this research work. Classifications of the States under international law and kinds of Constitutions under legal jurisprudence with different theories and concepts have elaborately been discussed in order to meet the questions and aims of the research work.            

Keyword: Azad Kashmir Constitution, International Law, Territorial Dispute, Self-Determination, Sovereignty and Legal Status