Overview of Article 234 of the Constitution of Pakistan
The Constitution of Pakistan, enacted in 1973, stands as the supreme law governing the country. Within its framework, Article 234 holds particular significance, outlining provisions for the President’s power to issue a Proclamation in cases where constitutional machinery falters within a Province. This article delves into the core aspects of Article 234, shedding light on its key components and constitutional implications.
Article 234 States
234. Power to issue Proclamation in case of failure of constitutional machinery in a Province
- If the President, on receipt of a report from the Governor of a Province, is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed by each House separately shall, by Proclamation,
- assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province, other than the Provincial Assembly;
- declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, Majlis-e-Shoora (Parliament); and
- make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province:
Provided that nothing in this Article shall authorize the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.
- The Provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
- A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months.
- Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration or that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.
- Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of Majlis-e-Shoora (Parliament), it shall be competent-
- to Majlis-e-Shoora (Parliament in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;
- to Majlis-e-Shoora (Parliament in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;
- to the President, when Majlis-e-Shoora (Parliament) is not in session, to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by Majlis-e-Shoora (Parliament) in joint sitting; and
- to Majlis-e-Shoora (Parliament) in joint sitting by resolution to sanction expenditure authorized by the President under paragraph (c).
- Any law made by Majlis-e-Shoora (Parliament) or the President which Majlis-e-Shoora (Parliament) or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things done or omitted to be done before the expiration of the said period.
Key Points of Article 234 of the Constitution of Pakistan
- Conditions for Proclamation: Under Article 234, the President can only issue a Proclamation under this provision if, upon receiving a report from a Governor of a Province, it has been determined that their government cannot function according to its Constitution.
- Presidential Powers: Once a Proclamation has been issued, the President can assume certain functions of provincial governments, transfer powers from Provincial Assemblies to Majlis-e-Shoora (Parliament), and make necessary provisions to meet its objectives.
- Limitations on Presidential Powers: Notably, the President is restricted from assuming powers vested in a High Court, emphasizing the preservation of the judiciary’s independence.
- Duration and Approval: The Proclamation is temporary, lasting for an initial period of two months, extendable up to six months. The approval of a joint sitting of the Parliament is required for the Proclamation to continue beyond the initial two-month period.
- Legislative and Financial Powers: If the Proclamation transfers powers to the federal Majlis-e-Shoora, it gains authority to legislate on provincial matters and authorize expenditures from the Provincial Consolidated Fund.
- Validity of Laws: Laws enacted during the Proclamation period that wouldn’t have been within the competence of the federal government or President under normal circumstances become invalid after a specified period.
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Crux of Article 234 of the Constitution of Pakistan
At its core, Article 234 acts as a constitutional safeguard, providing a mechanism for the federal government to intervene in a Province’s affairs under extraordinary circumstances. The careful delineation of powers, limitations, and the requirement for parliamentary approval ensures a balanced approach, preventing arbitrary use of authority.
The article embodies the principles of federalism and separation of powers, aiming to maintain the delicate equilibrium between the federal and provincial entities while upholding the rule of law. By establishing clear procedures and safeguards, Article 234 reflects the framers’ commitment to preserving the constitutional order even in times of crisis.
Conclusion: Article 234 of the Constitution of Pakistan
In conclusion, Article 234 of the Constitution of Pakistan stands as a testament to the framers’ foresight in anticipating potential challenges to constitutional governance. By providing a structured and transparent process for federal intervention, the article contributes to the resilience and adaptability of the constitutional framework.
Understanding the nuances of Article 234 is crucial for comprehending the delicate balance between federal and provincial powers in Pakistan. As an integral part of the 1973 Constitution, Article 234 reflects the commitment to constitutionalism, ensuring that the principles and ideals laid out in the Constitution endure, even in the face of unforeseen challenges.
