Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 2

(a) Words and phrases------"Citizenship"---"Nationality"---Connotation.The words "citizenship" and "nationality" are usually treated as synonymous terms but in deeper analysis the two are different. The status as a citizen is higher but nationality is a broader term. A person may lose his citizenship but may still continue to be national of a country.(b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S. 2---Notitication No. l l-L/84, dated 20th April, 1927---Notification No.13­L/1989, dated 27th June, 1932---"State Subject"---Definition---Status of State Subject cannot be acquired by birth---Acquisition of status of State Subject--­Essentials.The status of a State Subject cannot be acquired by birth. There are only two ways of how a person who is not. a State Subject; can acquire that. The first category is provided for in Note II of Definition Notification No. 11-L/84, dated 20-4-1927 which lays down that the descendants of the person who have secured that status of any class of the State Subject will be entitled to become the State Subjects of the same class.The second category forms Class III of the said definition Notification and consists of those persons who may acquire property under an Ijazatnama may execute a Rayatnama after ten years' continuous residence in the State.In effect Notification No.l3-L/89, dated 27-6-1932 lays down that not only the emigrants from the State to a foreign territory but even their descendants born abroad shall have the status. of State Subject but after two generations they would lose that status. In Azad Jammu and Kashmir said Definition Notification enjoys Constitutional status.According to definition of State Subject as given in section 2 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 it is no longer necessary in order to continuously enjoy the status of State Subject, that a State Subject must continue to reside in Azad Jammu and Kashmir. The definition lays down that a State Subject who resides in Pakistan shall also continue to be a State Subject. This provision seems to have been incorporated in order to cater to the situation which was created at the time of war of Liberation and…