Under the 1974 Act, the establishment of two chambers took place, known as the Legislative Assembly and the Azad Jammu and Kashmir Council.
In 1975, the Azad Jammu Kashmir assembly was established under an interim constitution (Act of 1974), marking the beginning of a parliamentary system of government.
Under Act 74, two houses were formed, known as the Legislative Assembly and the Azad Jammu and Kashmir Council. The Legislative Assembly held limited legislative powers, while the Council possessed legislative and financial powers. In 2018, the 13th Amendment was made to Act 74, transferring limited legislative and financial powers to the government of Azad Kashmir.
However, the Act’s scope was limited to Azad Kashmir rather than representing the entire state of Jammu and Kashmir. From 1970 to 1975, a presidential system of governance prevailed in Azad Kashmir for five years. Prior to that, a ‘President of the State’ was once elected through Ayub Khan’s ‘Basic Democracy,’ and in other times, the President was nominated by the Muslim Conference’s Executive Committee in consultation with Pakistan’s Ministry of Kashmir Affairs.
Azad Jammu and Kashmir’s political history has been filled with significant events. When a revolutionary government was established after the declaration of independence in 1947, its purpose was outlined as follows:
“A temporary government is taking charge of the state’s administration; it is not a sectarian government. Non-Muslims will also participate in this provisional cabinet alongside Muslims. The government’s immediate goal is to restore law and order in the state so that the people can choose a democratic constituent assembly and a representative government. The temporary government is committed to maintaining the territorial integrity and political individuality of the state. The question of affiliation with Pakistan or India will be decided through a free plebiscite by the people here.”
Sardar Ibrahim was appointed as the first president of the revolutionary government. All the matters of the new government were overseen by Pakistan’s Ministry of Kashmir Affairs, headed by Mushtaq Ahmed Gurmani. Following the presentation of the Kashmir issue at the United Nations, this ministry acted as the liaison between Pakistan and the Azad government.
The Azad government was initially seen as a mere joke, and no notable figures were willing to become part of this provisional system. However, as it became a reality, the ministries and positions grew more attractive, sparking a struggle for power.
Conflicts soon escalated between the leadership of the Muslim Conference and Sardar Ibrahim’s government over sharing power. In 1948, Chaudhry Ghulam Abbas, released from prison in Jammu (Occupied Kashmir), arrived in Pakistan and was appointed as the Chief Administrator of the Azad government. He was given full authority to reconstitute the government and cabinet.
The appointment of Chaudhry Ghulam Abbas as Chief Administrator became a topic of debate. Many historians, including Yusuf Saraf and Pandit Prem Nath Bazaz, considered this action undemocratic and unlawful. Around this time, a stipend of one lakh rupees was set for a dozen political workers in Azad Kashmir, distributed through Chaudhry Ghulam Abbas.
Instead of general elections, the Muslim Conference’s Executive Committee was regarded as the ‘Electoral College,’ and on March 2, 1949, it passed a resolution on restructuring the Azad government. Following orders from Prime Minister Liaquat Ali Khan of Pakistan, Sardar Ibrahim resigned with the assurance of being re-elected, which Chaudhry Ghulam Abbas, as President of the Executive Committee, accepted. Subsequently, on April 1, 1949, a new cabinet was announced, and Sardar Ibrahim was reappointed as president.
To address the mistrust between the two major political factions, a decision was made to draft a written agreement to divide powers. This agreement was signed by Sardar Ibrahim as President of Azad Kashmir, Chaudhry Ghulam Abbas as President of the Muslim Conference, and Nawab Mushtaq Ahmed Gurmani as Pakistan’s representative. Under this agreement, the governance of Gilgit and Ladakh was handed over to Pakistan, while the Azad government was given advisory powers in certain areas. This was the first written agreement between the governments of Azad Jammu and Kashmir and Pakistan.
On May 26, 1949, Sardar Ibrahim and Chaudhry Ghulam Abbas were summoned to Karachi, where, with their consultation, the Ministry of Kashmir Affairs was established.
Around this time, Chaudhry Ghulam Abbas’s health deteriorated, leading him to nominate Allah Rakha Sagar as the party president, which sparked disagreements. In response, Mirwaiz Yusuf Shah held a meeting with 200 members and announced a parallel cabinet to the Muslim Conference. Approximately eight months later, Chaudhry Ghulam Abbas resumed leadership of the Muslim Conference. In the midst of this political turmoil, Sardar Ibrahim left for a United Nations session in the United States but was stopped in Karachi upon his return.
Meanwhile, a session of the Muslim Conference’s Executive Committee was called, where Sardar Ibrahim was removed from power and Syed Ali Ahmed Shah was named the new President of Azad Kashmir. In his public statement, Sardar Ibrahim mentioned his differences with Chaudhry Ghulam Abbas and demanded governance based on universal suffrage.
This political struggle led to a rebellion, sparking a civil disobedience movement in Poonch. To suppress this rebellion, the army was called in to assist the police. Mirza Shafiq Hussain writes, “The political crisis continued as Chaudhry Ghulam Abbas issued guidelines for the Azad Kashmir government and the Chief Administrator’s powers, granting him authority over the nomination of the president and cabinet, the appointment and dismissal of judges, and final legislative authority.”
Thus, Chaudhry Ghulam Abbas became an absolute authority, which led to significant backlash, and the Muslim Conference’s representative status was once again challenged. Colonel Sher Ahmed Khan formed a parallel faction of the Muslim Conference. The rebel faction approached the Minister of Kashmir Affairs, Mushtaq Gurmani, to address the situation, but no resolution was reached, leading them to announce the formation of a parallel government. This alarmed the central government, and Mirwaiz Yusuf Shah was proposed as an interim president.
Both factions rejected this proposal, and the situation in the state continued to deteriorate. In an attempt to resolve the crisis, Liaquat Ali Khan tried to bring both factions of the Muslim Conference to the negotiating table, where they demanded either the abolition of the Ministry of Kashmir Affairs or the removal of its minister. However, Liaquat Ali Khan’s assassination prevented any progress in the negotiations.
After prolonged negotiations between Chaudhry Ghulam Abbas and Sardar Ibrahim, the Azad government resigned, and Mirwaiz was appointed as interim president. This administration lasted for six months, after which Colonel Sher Ahmed Khan was named president. Sardar Ibrahim termed this appointment a conspiracy by the Minister of Kashmir Affairs, while Chaudhry Ghulam Abbas remained silent.
During this period, Sardar Ibrahim’s group continued its struggle to restore democracy. In February 1955, this movement took a new turn when there was an attempted shooting on Colonel Sher Ahmed, leading the police to raid the Pulandri Mosque to apprehend a suspect. This sparked public outrage, a confrontation ensued, and people seized all government offices. Martial law was imposed in Poonch, and the Punjab Constabulary was called in. Although the movement had begun with Sardar Ibrahim’s demand for universal suffrage, he eventually abandoned the cause and resumed his legal practice in Rawalpindi.
During this time, a ‘Kashmir Conference’ was held in Karachi, where the establishment of a Legislative Assembly and elections based on universal suffrage were decided. However, this was not implemented. After peace was restored, an interim government was formed with the consensus of the Pakistan government and the Muslim Conference, but it lasted only seven months, largely due to political inexperience. Later, President of Pakistan Sikander Mirza offered Sardar Ibrahim the presidency, which was confirmed through a session of the Muslim Conference’s Executive Committee.
When martial law was imposed in Pakistan, detained leaders were released, intensifying challenges for Sardar Ibrahim’s government. Eventually, in April 1959, Sardar Ibrahim was asked to resign, and K.H. Khurshid was appointed president of Azad Kashmir. Upon assuming office, Khurshid demanded the recognition of the Azad government as the representative government of Jammu and Kashmir. Shortly after Khurshid’s administration began, Ayub Khan’s ‘Basic Democracy’ was introduced in Pakistan, leading to elections in Azad Kashmir and the implementation of the 1961 Act. Under this act, 2,400 elected members were to elect the president of the state, with K.H. Khurshid emerging victorious.
The struggle to gain recognition for the Azad Kashmir government as a representative body unfolded at a time when the Sino-Indian border conflict was at its peak. In 1963, Khurshid revealed that “several countries, including Algeria, Iran, Turkey, Saudi Arabia, and Portugal, had assured their recognition of the Azad Kashmir government once Pakistan accorded it as the representative government.” However, the leadership of the Muslim Conference deemed this act of declaring Azad Kashmir an independent or representative government as a betrayal of the martyrs’ blood. Consequently, Khurshid founded the Jammu Kashmir Liberation League.
Khurshid, Sardar Ibrahim, and Sardar Abdul Qayyum launched a campaign against the termination of the refugee representation, demanding that the president of Azad Kashmir be elected through the direct votes of the people of Azad Kashmir, Kashmiri refugees residing in Pakistan, and the people of Gilgit-Baltistan, and called for the establishment of a Legislative Assembly. When elections were held under the 1968 Act, Khurshid’s nomination papers were rejected. Sardar Ibrahim and Sardar Abdul Qayyum jointly issued a statement, expressing shock that “the man who served as president for five years is now deemed ineligible to contest because his name is not on the voter list.”
In these circumstances, a protest movement began in Azad Kashmir, and riots ensued. During this time, Ayub Khan announced his separation from power in Pakistan and declared that elections would be held based on universal suffrage. President Yahya Khan held separate meetings with Sardar Ibrahim, K.H. Khurshid, and Sardar Abdul Qayyum, and an interim government was formed to work on the constitution. In September 1970, the Act was implemented, which, in addition to including Gilgit-Baltistan, accepted all the demands of the people of Azad Kashmir.
The 1970 Act lasted only five years, and the system, which was shaped according to public desires, could not move forward.
Before the parliamentary system established under Act 74, the elected Prime Minister was Khan Abdul Hamid Khan, who belonged to the Pakistan People’s Party. After that, martial law remained in place until 1985. In the 1985 elections, Sardar Sikander Hayat of the Muslim Conference became the Prime Minister. In 1990, Mumtaz Hussain Rathore became Prime Minister, but within a year, he dissolved the assembly, and new elections were held in 1991, after which Sardar Abdul Qayyum Khan became Prime Minister.
In 1996, Barrister Sultan Mehmood Chaudhry from the Pakistan People’s Party became Prime Minister, while in 2001, the Muslim Conference won again, and Sardar Sikander Hayat became Prime Minister. In 2006, the Muslim Conference formed a government again, but due to internal differences, Raja Farooq Haider, a member of the Muslim Conference, expressed no confidence in them, and Raja Farooq Haider became Prime Minister. After some time, Sardar Muhammad Yaqub moved a no-confidence motion, removing Farooq Haider and taking the office of Prime Minister. In the same assembly, a third no-confidence motion was moved, and Sardar Atiq Khan became Prime Minister once again.
In the 2011 elections, the Pakistan People’s Party emerged victorious, and Chaudhry Abdul Majid was elected Prime Minister. During this time, for the first time, the Pakistan Muslim League-Nawaz also participated in the elections. Due to differences with the Muslim Conference, Raja Farooq Haider formed the Pakistan Muslim League-Nawaz by joining the dissatisfied faction of the Muslim Conference. In the 2016 general elections, the Pakistan Muslim League-Nawaz secured a two-thirds majority, and Raja Farooq Haider became Prime Minister.
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