The constitutional status of Gilgit-Baltistan has long been a subject of debate and discussion. Gilgit-Baltistan occupies a unique position; despite being administered by Pakistan, it has not been fully integrated into the country like other provinces. This distinct situation has led to ongoing debates about its political standing. In 1947, during the partition of British India, Gilgit-Baltistan was part of the princely state of Jammu and Kashmir. Initially, the Maharaja of Kashmir sought to remain independent, but in October 1947, he acceded to India. This decision sparked a conflict between India and Pakistan, with both countries claiming the entire state of Jammu and Kashmir. Amid this turmoil, the people of Gilgit-Baltistan, with the help of local militias, rebelled against the Maharaja’s forces and took control of the region. Subsequently, the people of Gilgit declared the area a part of Pakistan and raised the Pakistani flag. On 16 November 1947, Sardar Alam Khan arrived in Gilgit as a political agent. On 6 April 1948, the Gilgit Agency was placed under the administration of the political resident in the North-West Frontier Province to oversee the affairs of the Gilgit Agency, including the states within it. Baltistan was also part of the Gilgit Agency. The tribal areas of Darrel and Tangir joined Pakistan in 1951.

The 1948 UN Security Council Resolution 47 aimed to conduct a plebiscite to determine the fate of Jammu and Kashmir, including Gilgit-Baltistan. It underscored that the region was disputed and required international oversight. Although the plebiscite never occurred, the resolution highlights that the conflict remains unresolved, with the international community involved in addressing the dispute over Kashmir. In 1947, the first law enacted was the continuation of the colonial law known as the FCR, which granted all judicial and administrative power to the civil bureaucracy in the tribal areas and Gilgit-Baltistan. On 28 April 1949, government officials of Pakistan, represented by the minister without portfolio, met with representatives of the AJK government, without representation from Gilgit-Baltistan, to sign the Karachi Agreement. The agreement stipulated that Pakistan would control the affairs of Gilgit. The administration of the Gilgit Agency was transferred from the North-West Frontier Province to the government of Pakistan, and a separate Ministry of Kashmir Affairs was established. In 1950, the Ministry of Kashmir Affairs and Northern Areas (KANA) took over the administration of the northern territories. Since 1952, the joint secretary of the ministry has been performing the duties of a resident in the northern regions with full administrative and judicial authority. In 1967, KANA transferred the powers of the High Court and the Revenue Commissioner to the resident and appointed two political agents for Gilgit and Baltistan.

The Advisory Council for Northern Areas was established in 1970 in accordance with the constitutional decree of the Northern Areas Council, with 21 members chaired by a resident. Major administrative, judicial, and political reforms were introduced in 1975 under the Legal Framework Order for the Northern Areas Council, which abolished the jagirdari system and extended civil and criminal law to the northern areas. In 1994, the Northern Areas Council was supplemented by the Rules for Conducting Business in Northern Areas, which served as the primary law with limited advisory functions. The Supreme Court of Pakistan, in a landmark ruling on 28 May 1999, declared that the people of Gilgit-Baltistan are citizens of Pakistan for all intents and purposes and instructed the government to ensure that the people of Gilgit-Baltistan enjoy all fundamental rights. The Northern Areas Council was renamed the Northern Areas Legislative Council in 1999, with expanded powers to legislate on 49 subjects and the creation of the position of Speaker and three women’s seats.

The 2009 Gilgit-Baltistan Empowerment and Self-Governance Order renamed the Northern Areas to Gilgit-Baltistan and established a governance structure similar to that of the provinces of Pakistan, albeit without full provincial status. This order established the Gilgit-Baltistan Legislative Assembly and the Gilgit-Baltistan Council, aiming to provide greater autonomy. In 2015, the government of Pakistan established a committee headed by Sartaj Aziz, then advisor to the Prime Minister on foreign affairs, to review the constitutional and administrative status of Gilgit-Baltistan. The Sartaj Aziz Committee’s report presented a comprehensive set of recommendations aimed at improving the governance and constitutional status of Gilgit-Baltistan. By offering temporary provincial status, judicial reforms, and an expansion of legislative powers, the committee aimed to more closely integrate Gilgit-Baltistan with Pakistan, while respecting its unique and disputed status. Implementing these recommendations remains crucial to addressing the region’s longstanding demands for political and administrative autonomy. The Supreme Court extended its jurisdiction to Gilgit-Baltistan, ruling that fundamental rights should be available to its residents. By extending constitutional rights, advocating for legislative representation, and emphasizing judicial independence, the judgment sought to integrate Gilgit-Baltistan more closely with Pakistan while respecting its unique status. However, implementing these directives remains a complex and ongoing process, influenced by both domestic aspirations and international diplomatic considerations.

Considering the complex issue of the status of Gilgit-Baltistan, it seems that the unique status of the region was deliberately maintained by both India and Pakistan. For decades, the two countries have been holding plebiscites across Jammu and Kashmir, including Gilgit-Baltistan, through the United Nations, each hoping for a favourable outcome. However, the people of Gilgit-Baltistan are not willing to accept stagnation that deprives them of their rights. They demand full provincial status to ensure representation in the National Assembly and Senate of Pakistan, along with rights and opportunities like other provinces. They want Gilgit-Baltistan to be formally recognised as the fifth province of Pakistan, with the term “temporary province” included in the constitution to allow for future changes if the UN resolution is implemented.

While the government of Pakistan’s efforts, such as the Gilgit-Baltistan Empowerment and Self-Governance Order 2009 and the Sartaj Aziz Committee’s recommendations, represent attempts to strengthen self-governance, these initiatives are constrained by the region’s disputed status. The delicate balance between local aspirations for autonomy and the geopolitical realities surrounding Kashmir is still evolving. In our opinion, a viable way forward would be to grant the people of Gilgit-Baltistan proportional representation in the Parliament of Pakistan, recognising both their legitimate demands and the broader international context.

Muhammad Aamir Hussain & Maqsood Hussain
The writers are graduate students hailing from Gilgit Baltistan.