The Prime Pen

The Constitutional Status of Gilgit-Baltistan: A Legal Analysis
Tucked away in Pakistan’s northern mountains, Gilgit-Baltistan is a land of breath-taking beauty — and deep constitutional uncertainty. For more than seven decades, its people have lived under Pakistan’s administration but outside its constitutional embrace. Without full representation or recognition, they continue to wait for the rights and identity enjoyed by other citizens. What makes Gilgit-Baltistan’s story powerful is that it’s not just about borders or politics — it’s about people seeking belonging, justice, and a rightful place in the nation’s promise.

221

Gilgit-Baltistan (GB), situated in the breath-taking northern mountains of Pakistan, is not only rich in beauty but also in constitutional complexity. Although the region has been under Pakistan’s administration since 1947, its people still lack full constitutional recognition and representation. This has made GB’s legal status one of the most discussed and unresolved questions in Pakistan’s constitutional history.

After gaining independence from Dogra rule in 1947, the people of Gilgit-Baltistan chose to align themselves with Pakistan. Yet, because of Pakistan’s position on the Kashmir dispute, the region was never formally declared a province. Instead, it has been governed through special orders — from the Northern Areas Governance Order of 1994 to the Gilgit-Baltistan Order of 2018. These laws provided limited self-rule and a local assembly, but the ultimate control remains with the federal government.

Legally, GB does not appear in Article 1 of the Constitution, which lists Pakistan’s territories. This constitutional gap means the people of the region have no voice in the National Assembly or Senate.

In the landmark Al-Jehad Trust v. Federation of Pakistan (1999) case (https://www.scribd.com/document/371779084/1999-S-C-M-R-1379), the Supreme Court acknowledged this issue and called for extending basic rights and judicial access to GB’s residents — yet, the ambiguity continues. 

The situation is further complicated by the unresolved Kashmir dispute. Pakistan fears that granting full provincial status to GB could weaken its international stance on Kashmir. Even so, the people of Gilgit-Baltistan have continued to demand equal rights, representation, and recognition — the same privileges enjoyed by citizens in other parts of Pakistan.

Gilgit-Baltistan’s case reflects a delicate balance between constitutional justice, political reality, and human rights. Finding a solution that gives GB’s people the dignity and equality they deserve, while maintaining Pakistan’s broader commitments, is both a legal and moral necessity. True inclusion of GB within Pakistan’s constitutional framework would not only strengthen democracy but also honour the principle that every citizen deserves an equal place in the nation’s story.

Subscribe
Notify of
guest
0 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

© Protected

0
Would love your thoughts, please comment.x
()
x