Overview of Article 109 of the Constitution of Pakistan
The Constitution of Pakistan, passed in 1973, forms the cornerstone of national governance, outlining roles and powers for various institutions within Pakistani society. Article 109 serves as an integral component of this Constitution by outlining Governor authority over summoning or propagating Provincial Assemblies. This Article helps preserve balance between executive and legislative branches to ensure proper functioning of Pakistan’s parliamentary system.
Article 109 States
109. Summoning and prorogation of Provincial Assembly
The Governor may from time to time-
- summon the Provincial Assembly to meet at such time and place as he thinks fit; and
- prorogue the Provincial Assembly.
Key Points of Article 109 of the Constitution of Pakistan
- Governor’s Authority to Summon: The article vests the Governor with the authority to summon the Provincial Assembly, emphasizing the executive’s role in initiating legislative sessions.
- Flexibility in Timing and Location: The Governor has the discretion to decide when and where the assembly will meet, reflecting the dynamic nature of governance and the need for adaptability.
- Proroguing Powers: Article 109 also grants the Governor the ability to prorogue the Provincial Assembly. Prorogation allows for the orderly conclusion of a session, providing necessary breaks between legislative periods.
- Balancing Executive and Legislative Powers: The provision contributes to the delicate balance of power between the executive and legislative branches, ensuring that neither sphere unduly dominates the other.
- Ensuring Effective Governance: By empowering the Governor to manage the timing and duration of assembly sessions, Article 109 facilitates efficient governance and responsiveness to emerging issues.
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Crux of Article 109 of the Constitution of Pakistan
The essence of Article 109 lies in its acknowledgment of the necessity for a well-regulated and balanced legislative process. By conferring summoning and proroguing powers upon the Governor, the article recognizes the importance of executive involvement in shaping the parliamentary agenda. It ensures that the Provincial Assembly operates within a framework that accommodates both continuity and strategic breaks, fostering a governance environment that is both dynamic and orderly.
This provision is integral to the principles of democracy, allowing for the timely response to legislative needs while preventing an unchecked exercise of power. The flexibility embedded in Article 109 acknowledges the ever-changing landscape of governance, enabling the Provincial Assembly to convene when urgent matters arise and to prorogue for necessary intervals.
Conclusion: Article 109 of the Constitution of Pakistan
In conclusion, Article 109 stands as a cornerstone within the constitutional architecture of Pakistan. By delineating the Governor’s powers in summoning and proroguing the Provincial Assembly, this provision contributes to the vibrancy and adaptability of the nation’s parliamentary system. It embodies the spirit of democratic governance, allowing for the expression of the people’s will while providing mechanisms for effective and deliberate legislative processes.
As an integral component of the 1973 Constitution of Pakistan, Article 109 reflects the nation’s commitment to a governance model that values the separation of powers and the collaborative functioning of its institutions. It is through such constitutional provisions that Pakistan continues to evolve as a democratic and resilient nation, navigating the complexities of governance with purpose and foresight.
