Article 128 of Constitution of Pakistan & Power of Governor

Overview of Article 128 of the Constitution of Pakistan

Nestled within the constitutional fabric of Pakistan is Article 128, a provision that delineates the power vested in the Governor to promulgate ordinances. These ordinances, akin to temporary laws, play a vital role in responding to urgent situations, offering a unique mechanism for legislative action when the Provincial Assembly is not in session.

Article 128 States

128. Power of Governor to promulgate Ordinances

• The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.
• An Ordinance promulgated under this Article shall have the same force and effect as an Act of the Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws, but every such Ordinance:
  • shall be laid before the Provincial Assembly and shall stand repealed at the expiration of ninety days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
    Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
    Provided further that extension for further period may be made only once.
  • may be withdrawn at any time by the Governor.
• Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial Assembly shall be deemed to be a Bill introduced in the Provincial Assembly.

Key Points of Article 128 of the Constitution of Pakistan

1. Governor’s Legislative Authority:

• The Governor holds the power to promulgate ordinances when circumstances necessitate immediate legislative action.

2. Status and Duration of Ordinances:

• Ordinances promulgated under Article 128 carry the same force and effect as acts of the Provincial Assembly.
• Subject to restrictions similar to the Provincial Assembly’s power to make laws.

3. Legislative Oversight:

• Every ordinance must be laid before the Provincial Assembly.
• The ordinance automatically stands repealed after ninety days unless a resolution disapproving it is passed by the Assembly.
• The Assembly can extend the ordinance for an additional one hundred and twenty days through a resolution, but this extension is limited to one occurrence.
• If a disapproval resolution is passed before the expiration of the prescribed or extended period, the ordinance is repealed.

4. Governor’s Authority:

• The Governor retains the authority to withdraw the ordinance at any time.

5. Ordinance as a Bill:

• An ordinance laid before the Provincial Assembly is deemed to be a bill introduced in the Assembly.

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Crux of Article 128 of the Constitution of Pakistan

The essence of Article 128 lies in its ability to strike a delicate balance between the need for prompt legislative responses and the principles of democratic governance. By conferring the power to promulgate ordinances upon the Governor, the constitution acknowledges that emergencies may require immediate action, especially when the elected Provincial Assembly is not in session.

The legislative oversight mechanism embedded in Article 128 ensures that ordinances, while providing a swift response to urgent situations, are subjected to the regular legislative scrutiny and approval process. The temporary nature of ordinances, their automatic repeal after a prescribed or extended period, underscores the provisional character of these legislative measures.

Conclusion: Article 128 of the Constitution of Pakistan

In conclusion, Article 128 serves as a testament to the resilience and adaptability of Pakistan’s constitutional framework. It reflects an understanding that effective governance sometimes demands swift and decisive legislative action. However, this power is not unchecked, as the constitution includes built-in mechanisms for oversight and limitation.

Article 128 is a tool for responsive governance, enabling the government to navigate emergency situations with agility. At the same time, it upholds the democratic principles of checks and balances, ensuring that temporary measures are eventually subjected to the comprehensive scrutiny of the elected Provincial Assembly.

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