Background

Following the first Kashmir war, the control of the territory now comprising Gilgit-Baltistan was transferred to the federal government in 1949 by the provisional government of Azad Kashmir set up by Pakistan. According to Pakistani analyst Ershad Mahmud, there were two reasons why administration was transferred: the region was inaccessible from Azad Kashmir, and because both the governments of Azad Kashmir and Pakistan knew that the people of the region were in favour of joining Pakistan in a potential referendum over Kashmir's final status.^[3] The Indian journalist Paul Sahni sees this as an effort by Pakistan to legitimise its rule over Gilgit-Baltistan.^[4] According to the International Crisis Group, the Karachi Agreement is highly unpopular in Gilgit-Baltistan because Gilgit-Baltistan was not a party to it even while it was its own fate was being decided.^[5] Following it and until 1990s, Northern Areas were regulated by the Frontier Crimes Regulations until 1990s; set up in colonial period, they treated tribal people harshly, levying collective fines and punishments.^[6][7] People had no right to legal representation or appeal.^[8][7] Members of tribes had to obtain prior permission from the police to travel anywhere, and had to keep the police informed about their movements.^[9][10] The people of Gilgit-Baltistan were deprived of rights enjoyed by citizens of Pakistan and Azad Kashmir. A primary reason for this state of affairs was the remoteness of Gilgit-Baltistan. Another factor was that the whole of Pakistan itself was deficient in democratic norms and principles, therefore the federal government did not prioritise democratic development in the region. There was also a lack of public pressure as an active civil society was absent in the region, with young educated residents usually opting to live in Pakistan's urban centers instead of staying in the region.^[11] The Government of Pakistan abolished State Subject Rule in Gilgit-Baltistan in 1974, which had prevented people from outside Gilgit Baltistan to buy land in the territory.^[12][13] In 1993, an attempt was made by the High Court of Azad Jammu and Kashmir to annex Gilgit-Baltistan but was quashed by the Supreme Court of Pakistan after protests by the locals of Gilgit-Baltistan, who feared domination by the Kashmiris.^[14] In 1994, a Legal Framework Order (LFO) was created by the KANA Ministry to serve as the de facto constitution for the region.^[15][16]

In the late 1990s, the President of Al-Jihad Trust filed a petition in the Supreme Court of Pakistan to determine the legal status of Gilgit-Baltistan. In its judgement of 28 May 1999, the Court directed the Government of Pakistan to ensure the provision of equal rights to the people of Gilgit-Baltistan, and gave it six months to do so. Following the Supreme Court decision, the government took several steps to devolve power to the local level. However, in several policy circles, the point was raised that the Pakistani government was helpless to comply with the court verdict because of the strong political and sectarian divisions in Gilgit-Baltistan and also because of the territory's historical connection with the still disputed Kashmir region, and that this prevented the determination of Gilgit-Baltistan's real status.^[17]

A position of 'Deputy Chief Executive' was created to act as the local administrator, but the real powers still rested with the 'Chief Executive', who was the Federal Minister of KANA. "The secretaries were more powerful than the concerned advisors," in the words of one commentator. In spite of various reforms packages over the years, the situation is essentially unchanged.^[18] Meanwhile, public rage in Gilgit-Baltistan "[grew] alarmingly." Prominent "antagonist groups" have mushroomed protesting the absence of civic rights and democracy.^[19] The Pakistani government has debated granting provincial status to Gilgit-Baltistan.^[20] Gilgit-Baltistan has been a member state of the Unrepresented Nations and Peoples Organization since 2008.^[21] According to Antia Mato Bouzas, the PPP-led Pakistani government has attempted a compromise through its 2009 reforms between its traditional stand on the Kashmir dispute and the demands of locals, most of whom may have pro-Pakistan sentiments. While the 2009 reforms have added to the self-identification of the region, they have not resolved the constitutional status of the region within Pakistan.^[22]

According to 2010 news reports, the people of Gilgit-Baltistan want to merge into Pakistan as a separate fifth province.^[23][24] However, as of 2015 leaders of Azad Kashmir were opposed to any step towards integrating Gilgit-Baltistan into Pakistan.^[25] The people of Gilgit-Baltistan have opposed integration with Azad Kashmir. They have expressed desire for Pakistani citizenship and a constitutional status for their region.^[23][24]

In 2016, for the first time in the country's constitution, Gilgit-Baltistan was mentioned by name.^[26] In September 2020, the then Pakistani prime minister Imran Khan announced that Gilgit-Baltistan would attain provisional provincial status after the 2020 Gilgit-Baltistan Assembly election.^{[27][28][29][30][31]}

In 1970, the Gilgit Agency, the Baltistan district of erstwhile Ladakh wazarat, and the hill states of Hunza and Nagar were amalgamated to form the Federally Administered Northern Areas or Northern Areas for short. The territory was renamed Gilgit-Baltistan in 2007 and given self-government status in 2009.^[32]

Gilgit-Baltistan Empowerment and Self-Governance Order 2009

While administratively controlled by Pakistan since 1947, Gilgit-Baltistan has not yet been formally integrated into the Pakistani federation state and does not participate in constitutional political affairs.^[33][34] On 29 August 2009, the Gilgit-Baltistan Empowerment and Self-Governance Order 2009 was passed by the Government of Pakistan and later signed by the President. The order granted self-rule to the people of Gilgit-Baltistan, by creating, among other things, an elected Gilgit-Baltistan Legislative Assembly and a Gilgit-Baltistan Council. Gilgit-Baltistan thus gained de facto province-like status without constitutionally becoming part of Pakistan.^[33][35]

The 26th Amendment for the Provisional Provincial status

In November 2020, Pakistani prime minister Imran Khan announced that Gilgit-Baltistan would attain Interim Semi-Provincial status after the 2020 Gilgit-Baltistan Assembly election.

The Law Ministry of Pakistan recently finalised the draft of the 26th Amendment to the Constitution, submitting it to the prime minister for review. The proposed legislation is aimed at awarding GB provisional provincial status, and is expected to be presented in parliament for debate. If passed by a two-thirds majority in parliament, Gilgit-Baltistan would likely be given the status of province through an amendment in Article 1 of the Constitution. The 26th Amendment would empower Gilgit-Baltistan as per the other provinces of the Pakistan without jeopardizing Pakistan's stance about the Kashmir conflict.

As of now the work on the legislation about the provisional provincial status has been slowed down due to the recent political unrest in Pakistan.

Departments

The Executive Consists of the following departments.^[36] Each or two of these departments mix up to form a Ministry. Each of the ministry is headed by the elected minister or a technocrat appointed by the Chief Minister of Gilgit-Baltistan and a provincial secretary of BPS-20 grade officer of the Pakistan Administrative Service.

• Home & Prisons Department
• Finance Department
• Law and Prosecution Department
• Services and General Administration, Information and Cabinet Department
• Revenue, Usher and Zakat, Excise and Taxation and Cooperative Department
• Food and Agriculture, Fisheries and Animal Husbandry Department
• Forest, Wildlife and Environment Department
• Education, Social Welfare and Women Development
• Health and Population Welfare Department
• Works Department
• Local Government, Rural Development and Census Department
• Water and Power Department
• Tourism, Sports, Culture and Youth Department
• Mineral Development, Industries, Commerce & Labour Department
• Planning and Development Department

Supreme Appellate Court Gilgit-Baltistan

On 9 September 2009, the Supreme Appellate Court was conferred the similar jurisdiction equal to the Supreme Court of Pakistan by promulgating Gilgit-Baltistan (Empowerment and Self Governance Order) 2009. The Supreme Appellate Court is consisting of a Chief Judge and two Judges. The Permanent Seat of the Court is at Gilgit, but the Court also sits from time to time at Skardu Branch Registry.Category:All articles with unsourced statementsCategory:Articles with unsourced statements from April 2017^{[citation needed]}

Gilgit-Baltistan Chief Court

Gilgit-Baltistan Chief Court is the court of appeal and is equivalent to other provincial high courts according to Gilgit-Baltistan Empowerment and Self-Governance Order 2009.^[42]