Overview of Article 104 of the Constitution of Pakistan
Nestled within the constitutional framework of Pakistan, Article 104 serves as a linchpin for the seamless continuation of governance when the Governor is unable to fulfill their duties. A critical provision in the Constitution of Pakistan 1973, this article outlines the mechanisms for the appointment of an Acting Governor, ensuring the stability and continuity of provincial administration in times of the Governor’s absence.
Article 104 States
104. Speaker Provincial Assembly to act as, or perform functions of Governor in his absence:
When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions.
Key Points of Article 104 of the Constitution of Pakistan
- Conditions for Activation: Article 104 comes into effect when the Governor is unable to perform their functions due to absence from Pakistan or any other cause.
- Acting Governor: When Governor is unavailable, the Speaker of the Provincial Assembly serves as Acting Governor until another person can fill his/her duties temporarily. President has the authority to nominate someone else who temporarily fulfills these functions of Governorship.
- Temporary Nature: The article emphasizes the temporary nature of this arrangement. The Acting Governor assumes responsibilities until the Governor returns to Pakistan or, in the case of absence, resumes their functions.
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Crux of Article 104 of the Constitution of Pakistan
The crux of Article 104 lies in its strategic foresight, addressing the potential scenarios where the Governor may be temporarily unable to fulfill their duties. By designating the Speaker of the Provincial Assembly as the Acting Governor, and allowing the President to nominate a substitute if needed, the article establishes a clear and orderly process for the temporary assumption of gubernatorial functions.
This provision is a testament to the framers’ commitment to governance stability and the continuity of administrative functions. In situations where the Governor is absent, having a designated individual step into the role ensures that the province can navigate through its affairs without disruptions, upholding the principles of effective governance.
Conclusion: Article 104 of the Constitution of Pakistan
In conclusion, Article 104 of the Constitution of Pakistan stands as a pillar of governance continuity. The provision ensures that the absence of the Governor, whether due to international engagements or other causes, does not create a void in leadership. By designating the Speaker of the Provincial Assembly and providing the President with the authority to nominate a substitute, the article exemplifies a prudent approach to the unforeseen circumstances that governance may encounter.
As we delve into the nuances of the 1973 Constitution of Pakistan articles, it emerges as a testament to the nation’s commitment to a structured and resilient governance model. It reflects the foresight of the framers, ensuring that even in the absence of the Governor, the wheels of governance keep turning smoothly. The temporary nature of the Acting Governorship, coupled with the prescribed mechanisms, exemplifies a constitutional design that prioritizes stability and continuity in the administration of provincial affairs.
