Overview of Article 274 of the Constitution of Pakistan
The 1973 Constitution of Pakistan is the highest law of the country, establishing the structure for its governance. Within its various provisions, Article 274 holds significant importance as it delineates the redistribution of property, assets, rights, liabilities, and obligations between the Federal Government and the Governments of the Provinces.
Article 274 States
274. Vesting or property, assets, rights, liabilities and obligations
- All property and assets which, immediately before the commencing day, were vested in the President or the Federal Government shall, as from that day, vest in the Federal Government unless they were used for purposes which, on that day, became purposes of the Government of a Province, in which case they shall, as from that day, vest in the Government of the Province.
- All property and assets which, immediately before the commencing day, were vested in the Government of a Province, shall, as from that day, continue to be vested in the Government of that Province, unless they were used for purposes, which on that day, became purposes of the Federal Government in which case they shall, as from that day, vest in the Federal Government.
- All rights, liabilities and obligations of the Federal Government or of the Government of a Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to be respectively the rights, liabilities and obligations of the Federal Government or of the Government of the Province, except that
- all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Federal Government, but which under the Constitution, has become the responsibility of the Government of a Province, shall devolve upon the Government of that Province; and
- all rights, liabilities and obligations relating to any matter which, immediately before that day, was the responsibility of the Government of a Province, but which under the Constitution, has become the responsibility of Federal Government, shall devolve upon the Federal Government.
Key Points of Article 274 of the Constitution of Pakistan
- Vesting of Property and Assets: Article 274 establishes a clear framework for the transition of property and assets. This includes assets originally under Federal jurisdiction now shifting to the Provinces and vice versa. The careful delineation ensures a seamless transfer of resources aligned with the evolving responsibilities of each level of government.
- Continuity of Rights, Liabilities and Obligations: The provision guarantees the continuity of rights, liabilities, and obligations, offering stability and legal consistency. Notably, it specifies the devolution of responsibilities when matters shift between Federal and Provincial jurisdictions, preventing legal vacuums and ensuring a smooth transition.
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Crux of Article 274 of the Constitution of Pakistan
At its core, Article 274 embodies the adaptability of the constitutional framework to evolving governance needs. It reflects the nuanced approach taken by the drafters of the 1973 Constitution of Pakistan, acknowledging the dynamic nature of governance responsibilities. The provision acts as a legal compass, directing the flow of property, assets, and responsibilities in alignment with constitutional amendments and changing administrative landscapes.
The crux lies in the careful balance struck between federal and provincial interests. By clearly demarcating the conditions under which property and assets shift between the two levels of government, Article 274 ensures a fair and rational distribution that aligns with the evolving needs and responsibilities of the nation.
Conclusion: Article 274 of the Constitution of Pakistan
In conclusion, Article 274 of the Constitution of Pakistan is a cornerstone in the legal edifice of the country, providing a roadmap for the redistribution of resources and responsibilities between the Federal Government and the Governments of the Provinces. Its meticulous wording reflects a forward-looking approach, accommodating the constitutional evolution of governance in Pakistan.
As we navigate the complex legal terrain of the 1973 Constitution of Pakistan, Article 274 stands as a testament to the framers’ foresight in addressing the intricacies of governance. It ensures a seamless transition, safeguarding the rights and obligations of all parties involved. Embracing the spirit of adaptability, Article 274 remains a pivotal guidepost in the ever-evolving journey of Pakistan’s constitutional governance.
