Overview of Article 267 of the Constitution of Pakistan
Embedded within the Constitution of the Islamic Republic of Pakistan 1973, Article 267 stands as a beacon of flexibility, empowering the President to navigate challenges and ensure the effective operation of constitutional provisions. This blog post delves into the intricacies of Article 267, shedding light on its significance in the constitutional framework of Pakistan.
Article 267 States
267. Power of president to remove difficulties
- At any time before the commencing day, or before the expiration of three months from the commencing day, the President may, for the purpose of removing any difficulties, or for bringing the provisions of the Constitution into effective operation, by Order, direct that the provisions of the Constitution shall, during such period as may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient.
- An Order made under clause (1) shall be laid before both Houses without undue delay, and shall remain in force until a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting.
Key Points of Article 267 of the Constitution of Pakistan
- Presidential Authority: The central theme of Article 267 is the empowerment of the President to take decisive action in response to challenges hindering the smooth application of constitutional provisions. This authority is time-bound, ensuring its relevance during the crucial initial phases of constitutional implementation.
- Adaptations and Modifications: The President, through the issued Order, can introduce adaptations to the Constitution. These adaptations serve as a pragmatic approach to overcome difficulties, allowing for modifications, additions, or omissions as deemed fit by the President. This adaptability is essential for addressing unforeseen circumstances and ensuring the continued functionality of the constitutional framework.
- Parliamentary Oversight: While the President possesses the authority to issue Orders, a crucial element of Article 267 is the requirement to present these Orders before both Houses of Parliament. This ensures transparency and parliamentary oversight, as the elected representatives have the opportunity to scrutinize and approve or disapprove the adaptations made by the President.
- Duration and Disapproval: The duration of the Order is contingent on parliamentary resolution. It remains in force until a resolution disapproving it is passed by each House or, in the event of disagreement between the two Houses, until such a resolution is passed at a joint sitting. This mechanism ensures that the President’s decisions are subject to the collective will of the Parliament.
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Crux of Article 267 of the Constitution of Pakistan
The crux of Article 267 lies in its role as a dynamic tool for overcoming challenges during the early stages of constitutional implementation. By conferring discretionary power upon the President, the framers recognized the need for flexibility in governance, allowing for swift adaptations to ensure the continued efficacy of constitutional provisions.
The delicate balance between executive authority and parliamentary oversight is a key feature. While the President can take decisive action to address difficulties, the requirement to lay Orders before Parliament ensures that these decisions are subject to scrutiny by elected representatives, aligning with democratic principles.
Conclusion: Article 267 of the Constitution of Pakistan
In conclusion, Article 267 emerges as a testament to the adaptability and resilience of the Constitution of Pakistan 1973. It represents a mechanism to address unforeseen challenges and ensure the smooth functioning of governance during critical transitional periods.
The examination of Article 267 reveals a seamless interaction between the executive branch’s power and the oversight of the parliament. This provision not only grants the President the ability to take resolute action in challenging situations but also emphasizes the significance of making decisions collectively with the elected representatives of the citizens.
