Overview of Article 127 of the Constitution of Pakistan
Nestled within the constitutional tapestry of Pakistan’s governance is Article 127, a provision that serves as a bridge between the regulations governing the National Assembly and those applicable to the Provincial Assembly. This article intricately weaves together uniformity and adaptability, ensuring a cohesive legal framework across different levels of government.
Article 127 States
127. Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.
Subject to the Constitution, the provisions of clauses (2) to (8) of Article 53, clauses (2) and (3) of Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to and in relation to a Provincial Assembly or a committee or members thereof or the Provincial Government, but so that
- any reference in those provisions to Majlis-e-Shoora (Parliament), a House or the National Assembly shall be read as a reference to the Provincial Assembly;
- any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
- any reference in those provisions to the Federal Government shall be, read as a reference to the Provincial Government;
- any reference in those provisions to the Prime Minister shall be read as a reference to the Chief Minister;
- any reference in those provisions to a Federal Minister shall be read as a reference to a Provincial Minister;
- any reference in those provisions to the National Assembly of Pakistan shall be read as a reference to the Provincial Assembly in existence immediately before the commencing day ; and
- the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words “one hundred and thirty” the word “one hundred” were substituted.
Key Points of Article 127 of the Constitution of Pakistan
- Uniform Application: The crux of Article 127 lies in ensuring a uniform application of specific provisions that are originally crafted for the National Assembly. This uniformity fosters consistency in governance structures and procedures across national and provincial levels.
- Modifications for Provincial Context: To adapt the mentioned provisions to the provincial context, Article no. 127 specifies several key modifications. These include substituting terms like “Majlis-e-Shoora,” “President,” “Federal Government,” “Prime Minister,” “Federal Minister,” and “National Assembly” with their provincial counterparts.
- Provision-Specific Modifications: Each modification serves a purpose, aligning the legal framework with the unique context of provincial governance. For instance, replacing references to the President with the Governor acknowledges the regional nature of governance at the provincial level.
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Crux of Article 127 of the Constitution of Pakistan
At its core, Article 127 is a testament to the framers’ foresight in creating a constitution that can seamlessly adapt to the complexities of a federal governance structure. By extending specific provisions from the national to the provincial sphere, the article strikes a balance between standardization and flexibility.
This adaptability is not a mere translation of terms but a nuanced calibration to ensure that the legal framework aligns with the distinct characteristics of provincial governance. Article 127, through its modifications, serves as a translator, enabling the coherent application of laws in diverse contexts.
Conclusion: Article 127 of the Constitution of Pakistan
In conclusion, Article 127 of the 1973 Constitution of Pakistan stands as a linchpin in harmonizing the nation’s governance structure. By bringing certain provisions designed for the National Assembly into the provincial fold, the constitution ensures a unified legal framework that transcends regional boundaries.
The adaptability ingrained in Article 127 reflects an understanding of the diverse needs of governance at different tiers. It is not a one-size-fits-all approach but a thoughtful calibration that acknowledges and respects the distinct nature of provincial governance.
In the grand narrative of the Constitution of Pakistan, Article 127 symbolizes the commitment to a legal framework that evolves with the needs of the nation. It exemplifies the delicate dance between uniformity and adaptability, ultimately contributing to the resilience and coherence of the nation’s governance structure.
