Case Details

Citation(s)
1991 SLG 4000 1991 SLD 4000 = 1991 MLD 2658
Supreme Court (AJ&K)
Writ Petition No.45 of 1991, decided on 4th September, 1991.
Before Muhammad Riaz Akhtar Chaudhry J
Petitioner in person. Date of institution: 30th July, 1991.

Kh. NOOR-UL-AMEEN---Petitioner

VERSUS

Sardar MUHAMMAD ABDUL QAYUM KHAN and another---Respondents

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 22

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)---

 

----Ss. 22 [amended by Interim Constitution Seventh Amendment) Act (II of 1986)] & 44---Addition of seats in Assembly to be filled in by way of indirect election---Fundamental structure of the Constitution whether changed---Prior to amendment of S.22 of the Constitution Act, 1974, two members were to be elected by the legislature but after amendment six members were to be elected by the Members of Assembly---System of indirect election by directly elected Members of Assembly already existed in the Constitution prior to amendment-- After amendment just by addition of seats which were to be filled in by indirect election fundamental structure of the Constitution could not be deemed to have been changed---Amendment of S.22 of the Constitution was thus, not violative of any of the provisions of S.22 of the Interim Constitution---Amendment in S.22 of the Interim Constitution had not introduced third category of Members of Assembly but had just increased number of seats of indirectly elected members of Assembly---Amendment in question was thus, not violative of any Constitutional provision: 

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