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Overview of Article 145 of the Constitution of Pakistan
Embedded within the constitutional framework of Pakistan is Article 145, a provision that delves into the intricate dynamics of executive authority. This article, housed in the Constitution of Pakistan 1973, endows the President with a unique power – the ability to direct Governors to act as their agents. By doing so, the President can entrust Governors with specific functions in areas not covered by any province. As we embark on an exploration of Article 145, we unravel the contours of this provision, deciphering its implications on the distribution of executive responsibilities between federal and provincial levels.
Article 145 States
145. Power of President to direct Governor to discharge certain functions as his Agent
- The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction.
- The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
Key Points of Article 145 of the Constitution of Pakistan
- Presidential Directive Authority: Article 145 empowers the President to direct Governors to act as their agents. This directive authority allows for a precise allocation of executive functions, ensuring that certain responsibilities are executed at the discretion of the President.
- Scope of Functions: The functions to be discharged by the Governors, as specified in the directive, pertain to areas in the Federation that are not encompassed by any province. This could include matters of national significance or those requiring a coordinated, centralized approach.
- Exclusion of Article 105: A notable aspect of Article 145 is the exclusion of Article 105. This means that the provisions that typically govern the exercise of the Governor’s functions, as outlined in Article 105, do not apply to the discharge of functions under Article 145. This emphasizes the unique nature of the delegated functions and their separation from the usual framework.
- Flexibility in Executive Governance: The provision introduces flexibility in the distribution of executive responsibilities. By allowing the President to delegate specific functions to Governors, Article 145 enables a more nuanced and adaptive approach to governance, particularly in areas that fall outside the purview of any province.
Crux of Article 145 of the Constitution of Pakistan
At its core, Article 145 is a testament to the nuanced structure of governance embedded in the constitutional fabric of Pakistan. The crux of this provision lies in its ability to facilitate a precision-oriented distribution of executive authority. By authorizing the President to direct Governors as agents for specific functions, Article 145 acknowledges the need for a dynamic and responsive governance model.
The exclusion of Article 105 from the application of functions under Article 145 further underscores the distinct nature of these delegated responsibilities. This separation allows for a tailored approach, free from the usual constraints associated with the exercise of the Governor’s functions.
Conclusion: Article 145 of the Constitution of Pakistan
In conclusion, Article 145 of the Constitution of Pakistan serves as a mechanism for effective and adaptable governance. By empowering the President to delegate specific functions to Governors, the provision enhances the precision and responsiveness of executive decision-making.
As we navigate the key points and nuances of Article 145, it becomes evident that this provision embodies the constitutional principles of flexibility and collaboration between federal and provincial authorities. It stands as a testament to the constitutional drafters’ foresight in crafting a governance model that can navigate the complexities of a diverse and evolving nation.