Overview of Article 152 of the Constitution of Pakistan
Article 152 of Pakistan’s Constitution plays an essential role in facilitating cooperation between Federal and Provincial entities, particularly regarding land acquisition. This constitutional provision establishes the rules through which land located within Provinces can be acquired for purposes related to legislative enactments under Majlis-e-Shoora (Parliament). We explore Article 152’s contours by exploring its key components as well as how it assists with cooperation between Federal and Provincial entities.
Article 152 States
152. Acquisition of land for Federal purposes
The Federation may, if it deems necessary to acquire any land situate in a Province for any purpose connected with a matter with respect to which Majlis-e-Shoora (Parliament) has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the Federation or, if the land belongs to the Province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of Pakistan.
Key Points of Article 152 of the Constitution of Pakistan
- Federal Authority to Acquire Land: Article 152 grants the Federation the authority to acquire land in a Province if it deems it necessary for a purpose connected with a matter within the legislative powers of Majlis-e-Shoora (Parliament).
- Requirement for Provincial Cooperation: In the event of land acquisition, the Federation can require the respective Province to acquire the land on its behalf and at its expense. This emphasizes the need for cooperation between the Federal and Provincial entities.
- Transfer of Land from Province to Federation: Under Article 152, if land already belongs to a Province, Article 152 authorizes the Federation to request its transfer into their custody. Ultimately, terms for such a transfer may be agreed upon or determined through arbitration appointed by the Chief Justice of Pakistan.
- Arbitration Mechanism for Dispute Resolution: The provision of arbitration, involving the Chief Justice of Pakistan, serves as a crucial mechanism for dispute resolution. In case of disagreements on the terms of land transfer, an impartial arbitrator ensures a fair resolution.
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Crux of Article 152 of the Constitution of Pakistan
The crux of Article 152 lies in its dual emphasis on Federal authority and Provincial cooperation. By granting the Federation the power to acquire land for specific purposes, the article recognizes the Federal government’s role in matters of national importance. Simultaneously, it underscores the importance of cooperation with the respective Province, fostering a collaborative approach to land acquisition.
The provision for the transfer of land, coupled with the arbitration mechanism, embodies a spirit of fairness and equity. It ensures that the terms of land transfer are agreed upon through negotiation, and in cases of disagreement, an impartial arbitrator steps in to facilitate a resolution.
Conclusion: Article 152 of the Constitution of Pakistan
In conclusion, Article 152 stands as a testament to the delicate balance between Federal and Provincial powers within the constitutional framework of Pakistan. Its role in land acquisition reflects a nuanced understanding of the need for Federal authority in specific matters while fostering cooperation and fairness in dealing with Provincial resources.
As we navigate the key points of Article 152, it becomes evident that this constitutional provision is not merely a legal directive but a reflection of the cooperative spirit enshrined in the Constitution. It sets the stage for a collaborative approach where the Federation and Provinces work hand in hand, ensuring the smooth acquisition of land for purposes connected with national legislation.
