Overview of Article 267A of the Constitution of Pakistan
Enshrined in the 1973 Constitution of Pakistan, Article 267A grants legislative insight into overcoming challenges related to the effective implementation of the Constitution’s Eighteenth Amendment Act, enacted in 2010. This provision serves as a dynamic tool, allowing the government to adapt and modify the Act as circumstances demand, providing a unique flexibility within the constitutional framework.
Article 267A States
267A. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of the Constitution (Eighteenth Amendment) Act, 2010, hereinafter in this Article referred as the Act, or for bringing the provisions of the Act into effective operation, the matter shall be laid before both Houses in a joint sitting which may by a resolution direct that the provisions of the Act shall, during such period as may be specified in the resolution, have effect, subject to such adaptations, whether by way of modification, addition or omission, as may be deemed necessary or expedient:
Provided that this power shall be available for a period of one year from the commencement of the Act.
Key Points of Article 267A of the Constitution of Pakistan
- Difficulty Resolution Mechanism: Article 267A acts as a safeguard against impediments that may surface during the implementation of constitutional amendments. By providing a platform for discussion in both Houses, it ensures a collective approach to address challenges.
- Limited Temporal Scope: The power conferred by the article is not perpetual. It comes with a temporal limitation, allowing such adaptive resolutions only within the first year from the commencement of the Act. This temporal constraint emphasizes the urgency in addressing challenges promptly.
- Adaptations for Efficacy: The provision explicitly allows for adaptations deemed necessary or expedient. This grants the legislative bodies the flexibility to make modifications, additions, or omissions to the Act, ensuring its efficacy in changing circumstances.
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Crux of Article 267A of the Constitution of Pakistan
At its core, Article 267A embodies the constitutional principle of adaptability. Recognizing the potential hurdles in the path of constitutional amendments, it establishes a framework for collaborative problem-solving. The joint sitting of both Houses becomes a forum for deliberation and resolution, allowing for a nuanced response to challenges that may not have been foreseeable during the drafting of the original legislation.
By vesting power in the legislative bodies to make necessary adaptations, article acknowledges the evolving nature of governance and the need for a responsive legal framework. It reflects the framers’ foresight in providing a mechanism that can respond to unforeseen circumstances without the need for a lengthy and cumbersome amendment process.
Conclusion: Article 267A of the Constitution of Pakistan
In conclusion, Article 267A of the Constitution of Pakistan emerges as a testament to the adaptability and resilience inherent in the country’s legal framework. It underscores the commitment to effective governance by allowing for the timely resolution of difficulties in implementing constitutional amendments. The limited temporal scope of this provision ensures that the power to adapt remains relevant and responsive without compromising the stability of the legal order.
In navigating the complex landscape of constitutional governance, Article 267A stands as a beacon, illuminating the path toward a dynamic and responsive legal system. As Pakistan continues to evolve, this constitutional provision will play a crucial role in ensuring that the spirit of legislative reforms is not stifled by unforeseen challenges.
