Overview of Article 215 of the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, serves as the fundamental legal document shaping the nation’s governance. Within this intricate framework lies Article 215, a pivotal provision governing the tenure, removal, and vacancies of the Commissioner and members of a specific body. This blog post aims to dissect the essence of Article 215, shedding light on its significance within the broader context of the 1973 constitution.
Article 215 States
215. Term of office of Commissioner and members
- The Commissioner and a member shall, subject to this Article, hold office for a term of three years from the day he enters upon his office:
Provided that two of the members shall retire after the expiration of first two and a half years and two shall retire after the expiration of the next two and a half years:
Provided further that the Commission shall for the first term of office of members draw a lot as to which two members shall retire after the first two and a half years:
Provided also that the term of office of a member appointed to fill a casual vacancy shall be the un-expired term of office of the member whose vacancy he has filled.
- The Commissioner or a member shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Commissioner or, as the case may be, a member.
- The Commissioner or a member may, by writing under his hand addressed to the President, resign his office.
- Vacancy in the office of the Commissioner or a member shall be filled within forty-five days.
Key Points of Article 215 of the Constitution of Pakistan
- Term of Office and Retirement: Article 215 ensures a structured tenure for the Commissioner and members, promoting stability and expertise. The provision’s unique retirement schedule prevents a sudden vacuum in the body’s composition, allowing for continuity.
- Removal Conditions: The stringent removal conditions underscore the importance of an impartial and fair process. By aligning with the removal process for Judges, Article 215 emphasizes the gravity of decisions related to the Commissioner and members, safeguarding against arbitrary actions.
- Voluntary Resignation: The provision allowing members to resign voluntarily provides flexibility and respects individual choices. This ensures that those serving in these roles can exercise their discretion when faced with personal or professional considerations.
- Prompt Filling of Vacancies: The 45-day timeframe for filling vacancies emphasizes the need for a fully operational body. Swift replacements maintain the efficacy and functionality of the Commissioner and members, preventing prolonged periods of understaffing.
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Crux of Article 215 of the Constitution of Pakistan
At its core, Article 215 strives to strike a balance between continuity and change within the body it governs. The provisions’ meticulous detailing of the term duration and retirement intervals reflects a thoughtful approach to ensure a smooth transition of power. The introduction of the lottery system adds an element of unpredictability, fostering fairness in determining which members retire at the two and a half-year mark during the first term.
Moreover, the provision’s foresight is evident in its treatment of casual vacancies. By mandating that the appointed member serves the unexpired term of the vacated position, Article 215 mitigates disruptions caused by unexpected departures. This not only maintains the body’s functionality but also upholds the principles of fairness and adherence to established terms.
Conclusion: Article 215 of the Constitution of Pakistan
In conclusion, Article 215 emerges as a vital component of the 1973 Constitution of Pakistan. By delineating the tenure, retirement intervals, and procedures for filling casual vacancies, this provision acts as a cornerstone for the effective functioning of the body it governs. The combination of fixed terms, a lottery system for the first term, and provisions for filling casual vacancies reflects a thoughtful and adaptive approach to governance.
As we delve into the intricacies of Article 215, it becomes apparent that this constitutional provision serves not only to define the roles and terms of office but also to establish a framework that ensures stability, fairness, and continuity. The 1973 Constitution of Pakistan, through Article 215, embodies the principles of democratic governance and institutional robustness, fostering a system that adapts to unforeseen circumstances while upholding the spirit of the constitution.
