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Overview of Article 144 of the Constitution of Pakistan
Nestled within the constitutional fabric of Pakistan is Article 144, a provision that intricately weaves federal and provincial dynamics in the legislative realm. Enshrined in the Constitution of Pakistan 1973, this article introduces a mechanism by which the Majlis-e-Shoora (Parliament) can legislate on matters not explicitly listed in the Federal Legislative List. The crux of Article 144 lies in its collaborative spirit, empowering Parliament to regulate specific subjects with the consent of one or more Provincial Assemblies. As we embark on a journey to understand the nuances of Article 144, we unravel the interplay between federal and provincial authorities in shaping the legal landscape of Pakistan.
Article 144 States
144. Power of Majlis-e-Shoora (Parliament) to legislate for one or more Provinces by consent.
If one or more Provincial Assemblies pass resolutions to the effect that Majlis-e-Shoora (Parliament) may by law regulate any matter not enumerated the Federal Legislative List in the Fourth Schedule, it shall be lawful for Majlis-e-Shoora (Parliament) to pass an Act for regulating that matter accordingly, but any act so passed may, as respects any Province to which it applies, be amended or repealed by Act of the Assembly of that Province.
Key Points of Article 144 of the Constitution of Pakistan
- Consent Mechanism: The crux of Article 144 is the consent mechanism. If one or more Provincial Assemblies pass resolutions expressing their willingness for federal intervention in a specific matter not enumerated in the Federal Legislative List, the Majlis-e-Shoora (Parliament) gains the authority to legislate on that matter.
- Expanding Federal Legislative Reach: Article 144 provides a channel for the federal Parliament to expand its legislative domain beyond the explicitly listed subjects. This is particularly significant as it allows for the creation of laws that address evolving needs or emerging issues not foreseen during the framing of the original legislative list.
- Federal Legislation with Provincial Nuance: While Parliament can legislate on the specified matter, the provision maintains a delicate balance by acknowledging provincial autonomy. Any Act passed by the Majlis-e-Shoora (Parliament) under Article 144 may be amended or repealed by the Provincial Assembly of the relevant province. This ensures that federal legislation can be adapted to reflect the nuanced preferences or requirements of specific provinces.
- Collaborative Federalism: Article 144 exemplifies the principles of collaborative federalism, emphasizing the cooperative relationship between the federal and provincial levels of government. By seeking the consent of Provincial Assemblies, the provision recognizes the diversity of needs and priorities across different regions of Pakistan.
Crux of Article 144 of the Constitution of Pakistan
At its core, Article 144 is a testament to the adaptability and responsiveness of the constitutional framework in Pakistan. It exemplifies a governance model that is not rigid but instead accommodates the evolving dynamics of a nation. The crux lies in the delicate interplay between federal authority and provincial autonomy, allowing for a nuanced and region-specific legal framework.
This provision acknowledges that the needs of the diverse provinces may vary, and by incorporating their consent into the legislative process, Article 144 ensures that federal laws can be tailored to suit the unique dynamics of different regions. The collaborative spirit inherent in Article 144 reflects the constitutional commitment to a flexible and responsive governance structure.
Conclusion: Article 144 of the Constitution of Pakistan
In conclusion, Article 144 of the Constitution of Pakistan stands as a bridge between federal and provincial authorities, fostering a legal landscape that is not only responsive but also adaptive to the diverse needs of the nation. This provision, encapsulated within the broader constitutional framework of 1973, exemplifies the spirit of collaborative federalism.
As we navigate the intricate details of Article 144, it becomes evident that this constitutional provision is a cornerstone in the evolution of Pakistan’s governance. It provides a mechanism through which federal laws can extend into areas not initially within their purview, all while respecting the autonomy of the provinces. In doing so, Article 144 embodies the principles of a dynamic and cooperative federal system, ensuring that the legal fabric of Pakistan is woven with the threads of collaboration and adaptability.