Overview of Article 217 of the Constitution of Pakistan
Article 217 of Pakistan’s Constitution provides procedures for the appointment of an Acting Commissioner under two specific scenarios. When an office of Commissioner becomes vacant and when an incumbent Commissioner cannot fulfill their duties due to illness or any other cause.
Article 217 States
217. Acting Commissioner
- At any time when,
- the office of Commissioner is vacant, or
- the Commissioner is absent or unable to perform the functions of his office due to any other cause,
- the most senior member in age of the members of the Commission shall Act as Commissioner.
Key Points of Article 217 of the Constitution of Pakistan
- Vacancy in the Office of Commissioner: Article 217 addresses the situation when the office of the Commissioner is vacant. This provision becomes crucial to maintain the stability and functionality of the Commission during transitional periods.
- Absence or Incapacity of the Commissioner: The article also comes into play when the Commissioner is unable to perform their duties due to any cause, aside from a vacancy. This could include temporary absences due to illness, travel, or other compelling reasons.
- Seniority as the Determining Factor: The appointment of an Acting Commissioner is not arbitrary; rather, it follows a structured approach. The most senior member in age among the Commission’s members assumes the role. This ensures a logical and systematic process for selecting an interim leader.
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Crux of Article 217 of the Constitution of Pakistan
At its core, Article 217 serves to maintain the operational integrity of the Commission by designating an Acting Commissioner when needed. By establishing a clear protocol based on seniority, the provision aims to prevent any vacuum in leadership, ensuring the continued pursuit of the Commission’s objectives.
This constitutional provision underscores the importance of foresight in governance, acknowledging that situations may arise where the Commissioner is unable to fulfill their duties. The framers of the Constitution, in their wisdom, sought to address such contingencies through Article 217, aligning with the broader principles of stability and continuity in administrative bodies.
Conclusion: Article 217 of the Constitution of Pakistan
In conclusion, Article 217 of the Constitution of Pakistan stands as a testament to the meticulous drafting of the country’s foundational legal document. It reflects the framers’ understanding of the need for a resilient governance structure that can adapt to unforeseen circumstances. By providing a clear mechanism for the appointment of an Acting Commissioner, the article ensures that the Commission can navigate challenges without compromising its functionality.
In a broader context, Article 217 contributes to the overall effectiveness of the Constitution of Pakistan by addressing not only the routine operations of the Commission but also the exceptional circumstances that may arise. As we delve into the intricacies of constitutional articles, it becomes evident that each element serves a unique purpose in shaping the nation’s governance and upholding the rule of law.
