Overview of Article 252 of the Constitution of Pakistan
Nestled within the intricate framework of the Constitution of Pakistan 1973 is Article 252, a provision that grants unique powers and flexibilities concerning major ports and aerodromes. This article empowers the President to issue directives, via public notification, selectively altering the application of laws—be they Federal or Provincial—for a specified period in connection with major ports and aerodromes.
Article 252 States
252. Special provisions in relation to major ports and aerodromes
- Notwithstanding anything contained in the Constitution or in any law, the President may, by public notification, direct that, for a period not exceeding three months from a specified date, a specified law, whether a Federal law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to a specified major port or major aerodrome subject to specified exceptions or modifications.
- The giving of a direction under this Article in relation to any law shall not affect the operation of the law prior to the date specified in the direction.
Key Points of Article 252 of the Constitution of Pakistan
- Presidential Authority: The President holds the key to exercising the powers bestowed by Article 252. Through public notifications, the President can direct the non-application of specific laws to major ports or aerodromes.
- Temporal Flexibility: The temporal aspect of the article is crucial. The President’s directives, once issued, remain effective for a limited period not exceeding three months from the specified date. This time-limited approach ensures that the alterations in the application of laws are temporary and responsive to specific circumstances.
- Scope of Application: Article 252 applies to both Federal and Provincial laws, providing a broad spectrum for the President to make necessary adjustments in legal frameworks concerning major ports and aerodromes.
- Exemptions and Modifications: The President’s directives may either exempt a specified law entirely or apply it to major ports or aerodromes with specified exceptions or modifications. This flexibility allows for a nuanced approach to legal adjustments tailored to the unique needs of these critical infrastructures.
- Non-Impact on Pre-existing Laws: Notably, the issuance of a directive under this article does not retroactively affect the operation of laws prior to the specified date. This ensures the continuity and stability of legal provisions preceding the directive.
Download the Constitution of Pakistan in PDF
Crux of Article 252 of the Constitution of Pakistan
At its core, Article 252 reflects a dynamic understanding of the needs and challenges associated with major ports and aerodromes. By vesting the President with the authority to temporarily alter the application of laws, the article enables a responsive and agile legal framework. The temporal limitation of three months ensures that any adjustments are temporary, aligning with the evolving requirements of these critical infrastructures.
The article acknowledges the importance of major ports and aerodromes in the national context, recognizing that their efficient operation is crucial for economic activities, national security, and international connectivity. The discretion granted to the President allows for a pragmatic and context-specific approach, acknowledging that a one-size-fits-all legal framework may not be suitable for the diverse challenges faced by these vital facilities.
Conclusion: Article 252 of the Constitution of Pakistan
In conclusion, Article 252 stands as a testament to the adaptability and foresight embedded in the Constitution of Pakistan 1973. By allowing temporary exemptions or modifications to laws related to major ports and aerodromes, the article ensures that the legal framework can evolve in response to the unique demands of these strategic assets.
The measured authority vested in the President strikes a balance between flexibility and stability, recognizing the need for occasional adjustments without compromising the overall legal integrity. As Pakistan progresses, Article 252 remains a crucial tool for navigating the complex intersection of law and infrastructure, ensuring that major ports and aerodromes can effectively contribute to the nation’s growth and connectivity.
