Overview of Article 238 of the Constitution of Pakistan
Article 238 establishes the modus operandi for amending the Constitution, vesting this authority in the hands of Majlis-e-Shoora (Parliament). While the specifics may vary, this provision reflects the nation’s commitment to a dynamic legal system capable of adapting to changing circumstances.
Article 238 States
238. Amendment of Constitution
Subject to this Part, the Constitution may be amended by Act of Majlis-e-Shoora (Parliament).
Key Points of Article 238 of the Constitution of Pakistan
- Amendment Authority: Majlis-e-Shoora is given the responsibility of initiating constitutional amendments through its membership of Majlis-e-Shoora.
- Subject to Particulars: The amendment process does not operate independently from other parts of the Constitution and serves as a layer of checks and balances, providing checks against arbitrary change.
- Evolutionary Nature: The provision reflects the foresight of Pakistan’s constitutional framers, acknowledging the need for adaptability as the nation evolves.
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Crux of Article 238 of the Constitution of Pakistan
At its core, Article 238 embodies the essence of constitutional flexibility, recognizing the impermanence of laws in the face of a changing society. The provision empowers the legislative body to shape the Constitution in response to contemporary challenges, fostering a living document that reflects the nation’s collective will.
By placing amendment power in the hands of elected representatives, the framers sought to ensure that any alterations to the Constitution would result from democratic deliberation rather than from arbitrary changes, thus upholding its principles as an accurate reflection of society and maintaining its relevance for its governance.
Conclusion: Article 238 of the Constitution of Pakistan
In conclusion, Article 238 of the Constitution of Pakistan serves as a linchpin for the country’s constitutional adaptability. As a part of the broader constitutional landscape, it embodies the spirit of progress and evolution, recognizing the inevitability of change in a dynamic society.
Pakistan’s 1973 Constitution provides an enduring testament to democratic governance and rule of law, with provisions like Article 238 highlighting this commitment. Furthermore, by acknowledging amendments through an orderly and democratic process, its provisions ensure it continues to meet evolving needs of its people and adapt with them as time goes on.
Article 238 represents more than just legal provisions; it symbolizes democracy itself and our nation’s dedication to responsive government that responds to people. While providing a firm base, our Constitution also needs to be flexible enough to adapt with changing times ensuring democratic principles will endure throughout history.
