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Overview of Article 147 of the Constitution of Pakistan
Article 147 of the Constitution of Pakistan 1973 intricately weaves the tapestry of cooperative federalism, delineating the authority of provinces to entrust functions to the Federal Government. This constitutional provision underscores the dynamic nature of governance, allowing provinces to collaborate with the Federal Government in matters within their executive authority. As we embark on an exploration of Article 147, we unravel the nuances of this provision, deciphering its key elements and its role in fostering a balanced and cooperative federal structure.
Article 147 States
147. Power of the Provinces to entrust functions to the Federation
Notwithstanding anything contained in the Constitution, the Government of a Province may, with the consent of the Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends:
Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.
Key Points of Article 147 of the Constitution of Pakistan
- Provincial Power to Entrust Functions: Article 147 empowers the Government of a Province to entrust specific functions to the Federal Government. These functions can be entrusted conditionally or unconditionally, allowing for flexibility in the collaboration between the federal and provincial levels of government.
- Consent of the Federal Government: Exercise of this power requires consent of the Federal Government in order to ensure mutual engagement from both levels of government in entrusting their functions to one another. Requiring their agreement fosters cooperation and consensus.
- Provincial Assembly Ratification: A distinctive feature of Article 147 is the requirement for the Provincial Assembly to ratify any functions entrusted to the Federal Government within sixty days. This ratification process introduces a democratic checkpoint, involving the legislative body in the decision-making process and ensuring accountability in the entrustment of functions.
Crux of Article 147 of the Constitution of Pakistan
At the heart of Article 147 lies the concept of cooperative federalism. The crux of this provision is the recognition that effective governance requires collaboration and flexibility in the distribution of powers. By empowering provinces to entrust functions to the Federal Government and requiring the consent of both parties, Article 147 reflects the spirit of a balanced and cooperative federal structure.
The sixty-day time frame for Provincial Assembly ratification adds a layer of accountability, ensuring that decisions to entrust functions are subjected to legislative scrutiny. This mechanism reinforces the democratic principles embedded in the Constitution of Pakistan and ensures that the collaboration between the levels of government aligns with the will of the people.
Conclusion: Article 147 of the Constitution of Pakistan
In conclusion, Article 147 emerges as a linchpin in the constitutional architecture of Pakistan, embodying the essence of cooperative federalism. This provision not only acknowledges the diversity of executive functions but also empowers provinces to actively participate in the governance process by entrusting certain responsibilities to the Federal Government.
As we navigate the key points of Article 147, it becomes evident that this constitutional provision is a testament to the democratic values enshrined in the Constitution of Pakistan 1973. It fosters collaboration, accountability, and adaptability, essential elements for the effective functioning of a federal system.