Overview of Article 99 of the Constitution of Pakistan
Engrained within the constitutional tapestry of Pakistan is Article 99, a provision that intricately governs the conduct of business within the Federal Government. Formulated as part of the 1973 Constitution, this article delineates the protocols for expressing executive actions, authentication of orders, and the allocation of government business. In this blog post, we embark on an exploration of Article 99, unraveling its significance, key points, and the pragmatic implications it holds for the governance framework of Pakistan.
Article 99 States
99. Conduct of business of Federal Government
- All executive actions of the Federal Government shall be expressed to be taken in the name of the President.
- The Federal Government shall by rules specify the manner in which orders and other instruments made and executed in the name of the President shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President.
- The Federal Government shall also make rules for the allocation and transaction of its business.
Key Points of Article 99 of the Constitution of Pakistan
- Expression in the Name of the President: Article 99 mandates that all executive actions of the Federal Government must be explicitly expressed as taken in the name of the President. This ensures a clear attribution of authority and underscores the formal and constitutional basis for government actions.
- Authentication Rules: The provision empowers the Federal Government to create rules specifying the manner in which orders and instruments made and executed in the name of the President should be authenticated. The objective is to establish a standardized and secure process for validating official documents and actions.
- Legal Protection: One distinctive feature of Article 99 is its legal protection for orders and instruments authenticated according to specific rules. Their validity cannot be challenged in court on grounds that they were not made or executed by the President himself.
- Rules for Business Allocation: The Federal Government is entrusted with the responsibility of formulating rules for the allocation and transaction of its business. This involves creating a framework that defines how different aspects of government affairs are organized, ensuring efficiency and coherence in the conduct of business.
Download the Constitution of Pakistan in PDF
Crux of Article 99 of the Constitution of Pakistan
At its core, Article 99 epitomizes the precision and formality inherent in the functioning of the Federal Government. By mandating that executive actions bear the imprimatur of the President, the provision reinforces the hierarchical structure and authority within the government. The rules for authentication add an extra layer of security and standardization to the documentation of government actions, fostering transparency and accountability.
Moreover, the provision for creating rules for the allocation and transaction of business acknowledges the complexity of governance. It enables the Federal Government to establish clear protocols, ensuring that various facets of government affairs are managed systematically, contributing to the overall efficiency and effectiveness of the government machinery.
Conclusion: Article 99 of the Constitution of Pakistan
In conclusion, Article 99 stands as a linchpin in shaping the conduct of business within the Federal Government of Pakistan. Its meticulous provisions reflect the nation’s commitment to a structured, accountable, and transparent governance framework. As we navigate the intricacies of the 1973 constitution of Pakistan, Article 99 emerges as a testament to the constitutional architects’ foresight in crafting a system that values precision, legality, and efficiency.
