Gilgit-Baltistan and Pakistan: A Constitutional Dilemma in the Shadow of Kashmir

Abstract

This article examines the constitutional status of Gilgit-Baltistan (GB) within Pakistan, focusing on the governance challenges and ambiguities stemming from its association with the Kashmir dispute. Despite GB's distinct historical and political trajectory, its constitutional position remains undefined. The region achieved independence through a local uprising shortly after Pakistan's inception and voluntarily acceded to Pakistan on November 16, 1947, following a brief period as an autonomous state. In contrast, Azad Jammu and Kashmir (AJK) gained autonomy through the Pakistan-India war and operates under its own constitution (enacted in 1974).

Gilgit-Baltistan, however, remains neither a province nor an autonomous region. It is governed through presidential orders that have established a legislative assembly with limited powers and judicial bodies such as the Chief Court and Supreme Appellate Court. These courts lack constitutional authority, as GB falls outside the ambit of Pakistan's 1973 Constitution. The GB Governance Order, therefore, functions as the region's supreme law, while the 1973 Constitution is selectively applicable and requires formal validation for enforcement. The constitutional ambiguity surrounding GB is closely tied to the unresolved Kashmir conflict. This article proposes that granting GB provisional provincial status with enhanced legislative and administrative powers could serve as an interim solution, addressing the aspirations of its residents while preserving Pakistan's diplomatic stance on the Kashmir issue.