Overview of Article 138 of the Constitution of Pakistan
The Constitution of Pakistan, established in 1973, is a foundational document that shapes the governance framework of the country. Within its array of articles, Article 138 stands as a notable provision, addressing the delegation of functions to subordinate authorities. This blog post endeavors to unravel the intricacies of Article 138, shedding light on its significance in enhancing the functionality and efficiency of the provincial administrative apparatus.
Article 138 States
138. Conferring of functions on subordinate authorities
On the recommendation of the Provincial Government, the Provincial Assembly may by law confer functions upon officers or authorities subordinate to the Provincial Government.
Key Points of Article 138 of the Constitution of Pakistan
- Recommendation Requirement: The authority to confer functions on subordinate authorities is contingent upon the recommendation of the Provincial Government. This ensures that the process is informed by the insights and considerations of the government at the provincial level.
- Legislative Empowerment: The Provincial Assembly is granted the legislative power to enact laws that confer functions on officers or authorities subordinate to the Provincial Government. This legislative empowerment signifies a deliberate and structured approach to the delegation of responsibilities.
- Flexibility in Governance: Article 138 introduces a level of flexibility in governance by allowing the delegation of functions to lower-tier officers or authorities. This flexibility is vital for adapting to the evolving needs of administration, facilitating a more responsive and dynamic governance structure.
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Crux of Article 138 of the Constitution of Pakistan
At its core, Article 138 reflects a strategic approach to governance that acknowledges the practical complexities of administration. By allowing the Provincial Assembly, with the endorsement of the Provincial Government, to confer functions on subordinate authorities, the article establishes a mechanism for a decentralized distribution of responsibilities.
The recommendation requirement ensures that the decision to delegate functions is a collaborative and well-considered process. This collaborative approach aligns with the principles of cooperative federalism, fostering a symbiotic relationship between the provincial government and its subordinate authorities.
Furthermore, the legislative empowerment of the Provincial Assembly underscores the importance of a legal framework in the delegation of functions. This not only formalizes the process but also provides clarity and accountability in the exercise of delegated powers. The flexibility inherent in Article 138 enables provinces to tailor their administrative structures to the unique demands of their jurisdictions, promoting efficiency and adaptability.
Conclusion: Article 138 of the Constitution of Pakistan
In conclusion, Article 138 of the 1973 Constitution of Pakistan emerges as a cornerstone in the architecture of provincial governance. Its nuanced provisions, hinged on collaboration between the Provincial Assembly and the Provincial Government, pave the way for a more responsive and adaptable administrative structure.
This article serves as a testament to the framers’ vision of a dynamic and functional governance framework. By granting the Provincial Assembly the authority to confer functions on subordinate authorities, Article 138 not only acknowledges the diversity and complexity of governance but also provides a legal foundation for its effective execution.
