JKPL RESEARCH PUBLICATION SERIES | RESEARCH PAPER 01 | 2026
Can AJK Become Part of Pakistan?
A Constitutional and Legal Analysis
Researcher: Qurat-ul-Ain Abid
Legal Researcher | Jammu Kashmir Policy Lab
Main Areas of Study: International Law and War Crimes
Published: August 12, 2026
Abstract
The constitutional question examined in this article is whether
Azad Jammu and Kashmir (AJK) can legally become part of Pakistan
under the existing constitutional framework. Using doctrinal legal
research based on the Constitution of Pakistan, the AJK Interim
Constitution Act 1974, relevant constitutional materials, and the
United Nations framework on Jammu and Kashmir, the study finds that
AJK cannot unilaterally change its status through its Legislative
Assembly, Government, or the Government of Pakistan.
Article 1 of the Constitution provides a general mechanism for
admitting new States or areas into the Federation, but Article 257
establishes a specific framework for Jammu and Kashmir under which
the future relationship with Pakistan depends on the decision of
the people of the State.
Key Findings
Finding 1:
AJK cannot legally become part of Pakistan unilaterally under the
existing constitutional framework.
Finding 2:
The future status of Jammu and Kashmir as a whole must be determined
according to the will of its people through the applicable
plebiscite framework.
Finding 3:
Parliament would have a central constitutional role in implementing
any future relationship with Pakistan after the relevant conditions
concerning accession had been satisfied.
Finding 4:
Accession to Pakistan would not automatically make AJK a province
of Pakistan.
Finding 5:
Provincialisation would require a separate constitutional process
and the necessary constitutional and legislative changes.
Conclusion
The legally defensible conclusion is that the existing law creates
a conditional constitutional framework in which the will of the
people of the State of Jammu and Kashmir is foundational, the
institutions of Pakistan have a subsequent constitutional role,
and provincialisation, if ultimately selected, would require
further constitutional restructuring.
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