ISLAMABAD – The Supreme Court, issuing written order on the constitutional status of Gilgit-Baltistan (GB), on Thursday extended its powers to the region.
A seven-judge bench, headed by retiring Chief Justice Mian Saqib Nisar issued the order after hearing petitions challenging the vires of the Gilgit-Baltistan Empowerment and Self-Governance Order, 2009.
Chief Justice of Pakistan Mian Saqib Nisar in is last case ordered that changes to the constitutional status of Gilgit-Baltistan will be determined through a referendum which will be held within 14 days.
The order said that India and Pakistan are responsible for giving more rights to the people of the areas under their control and until the referendum happens, Pakistan is bound to give Gilgit-Baltistan as many rights as possible.
The written order also states that no part of the 1973 Constitution of Pakistan can be abolished or amended without proper legislation.
The SC has also given the suggestion regarding changes to be made in the presidential ordinance and also clarified that the President of Pakistan can enforce the Order upon the proposal of the Federation.
However, it has also been made clear that the 2018 Order cannot be amended. If the Parliament makes any changes to this order they can be “examined on the touchstone of the Constitution”.
While Gilgit-Baltistan courts do not hold constitutional rights within Pakistan, people from the region will be able to challenge the appellant court’s decisions in the Supreme Court of Pakistan.
