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Overview of Article 141 of the Constitution of Pakistan
The Constitution of Pakistan, crafted in 1973, serves as the foundational document governing the country’s legal landscape. Among its numerous provisions, Article 141 stands out as a pivotal element, delineating the extent of legislative powers at both the federal and provincial levels. This article plays a crucial role in defining the scope within which the Parliament and Provincial Assemblies can enact laws, providing a framework for the governance of the diverse regions that constitute Pakistan.
Article 141 States
141. Extent of Federal and Provincial laws
Subject to the Constitution, Majlis-e-Shoora (Parliament) may make laws (including laws having extra-territorial operation) for the whole or any part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof.
Key Points of Article 141 of the Constitution of Pakistan
- Constitutional Supremacy: Article 141 emphasizes the paramount importance of aligning any legislative actions with the overarching principles and provisions set forth in the Constitution of Pakistan 1973. This underscores the foundational role of the constitution in shaping the legal framework of the nation.
- Federal Legislative Powers: The article bestows significant legislative powers upon the Majlis-e-Shoora, allowing it to enact laws that apply across the entire nation. Furthermore, the provision explicitly mentions the possibility of laws having extra-territorial operation, reflecting a recognition of the evolving global interconnectedness and the need for legal reach beyond national borders.
- Provincial Autonomy: In tandem with federal powers, Article 141 recognizes the autonomy of Provincial Assemblies. These bodies are granted the authority to enact laws that cater to the specific needs and dynamics of their respective provinces. This acknowledgment of diversity within the legislative framework is essential for effective governance in a country as culturally and geographically diverse as Pakistan.
Crux of Article 141 of the Constitution of Pakistan
At its core, Article 141 reflects the delicate balance between a centralized federal authority and the recognition of regional autonomy. By vesting the Parliament with the ability to legislate for the entire country, including laws with extraterritorial implications, the Constitution acknowledges the need for a unified legal framework that can address national concerns transcending geographic boundaries.
Simultaneously, by empowering Provincial Assemblies to enact laws tailored to their specific regions, Article 141 recognizes the importance of local governance and the diverse needs of Pakistan’s provinces. This dual structure, where both federal and provincial legislatures have their spheres of influence, ensures a nuanced and adaptable legal system capable of addressing both national and local concerns.
Conclusion: Article 141 of the Constitution of Pakistan
In conclusion, Article 141 of the Constitution of Pakistan is a linchpin in the country’s legal architecture. It reflects the framers’ foresight in creating a governance structure that accommodates both national unity and regional diversity. The constitutional mandate for adherence to its principles ensures a legal framework that is not only robust but also adaptive to the evolving needs of a dynamic nation.
As we navigate the intricacies of legislative powers delineated in Article 141, it becomes evident that this provision serves as a blueprint for fostering a harmonious relationship between the federal and provincial entities. In doing so, it paves the way for a legal landscape that respects both the national identity and the unique character of Pakistan’s diverse regions.