Overview of Article 146 of the Constitution of Pakistan
Nestled within the constitutional landscape of Pakistan is Article 146, a provision that delineates the collaborative dynamics between the federal and provincial levels of government. Enshrined in the Constitution of Pakistan 1973, this article empowers the Federal Government to delegate powers to a Province, with consent, and allows the federal parliament to legislate on matters beyond provincial jurisdiction. As we embark on an exploration of Article 146, we unravel the intricacies of this constitutional provision, deciphering its significance in fostering cooperative federalism and ensuring the seamless exercise of executive powers.
Article 146 States
146. Power of Federation to confer powers, etc., on Provinces, in certain cases
- Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers, functions in relation to any matter to which the executive authority of the Federation extends.
- An Act of Majlis-e-Shoora (Parliament) may, notwithstanding that it relates to a matter with respect to which a Provincial Assembly has no power to make laws, confer powers and impose duties upon a province or officers and authorities thereof.
- Where by virtue of this Article powers and duties have been conferred or imposed upon a Province or officers or authorities thereof, there shall be paid by the Federation to the Province such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan, in respect of any extra costs of administration incurred by the Province in connection with the exercise of those powers or the discharge of those duties.
Key Points of Article 146 of the Constitution of Pakistan
- Conditional Entrustment of Powers: Article 146(1) grants the Federal Government the authority to entrust functions to a Provincial Government or its officers, either conditionally or unconditionally. This entrustment is contingent upon the consent of the concerned Provincial Government, highlighting the collaborative nature of this constitutional provision.
- Federal Legislation Empowering Provinces: Article 146(2) provides a unique dimension by allowing the Majlis-e-Shoora (Parliament) to enact laws that confer powers and impose duties upon provinces, even in areas where Provincial Assemblies may lack the power to make laws. This enhances the adaptability and responsiveness of the legal framework.
- Compensation for Extra Costs: Article 146(3) introduces a compensation mechanism. If provinces incur extra costs in the exercise of delegated powers or the discharge of duties, the Federation is obligated to compensate them. The sum is either agreed upon or determined by an arbitrator appointed by the Chief Justice of Pakistan, ensuring a fair resolution in case of disputes.
Download the Constitution of Pakistan in PDF
Crux of Article 146 of the Constitution of Pakistan
The crux of Article 146 lies in its ability to foster collaboration and flexibility in the distribution of executive powers. It recognizes the diverse needs and capacities of provinces, allowing for the tailored delegation of powers with the consent of the concerned Provincial Government. This provision is a manifestation of cooperative federalism, promoting a harmonious relationship between the federal and provincial entities.
Article 146 stands as a testament to the constitutional drafters’ foresight in creating a governance model that can adapt to the evolving needs of a diverse nation. The conditional entrustment of powers, the federal empowerment of provinces, and the compensation mechanism collectively embody the principles of collaboration, responsiveness, and fairness.
Conclusion: Article 146 of the Constitution of Pakistan
In conclusion, Article 146 emerges as a vital instrument in the constitutional symphony of Pakistan, orchestrating a harmonious collaboration between the Federal Government and the Provinces. By allowing for the conditional delegation of powers and the enactment of laws conferring authority on provinces, this provision navigates the complexities of governance with finesse.
As we navigate the key points of Article no. 146, it becomes evident that this constitutional provision is not merely a legal mechanism but a reflection of the democratic principles that underpin Pakistan’s governance. It ensures that powers are delegated with consent, laws are enacted with foresight, and provinces are compensated fairly for their administrative efforts.
