Overview of Article 242 of the Constitution of Pakistan
The Constitution of Pakistan, enacted in 1973, serves as the foundational legal document for the country’s governance. Within its intricate framework lies Article 242, a pivotal section that delineates the establishment and functioning of the Public Service Commission. This blog post aims to dissect Article 242, shedding light on its significance and implications.
Article 242 States
242. Public Service Commission
- Majlis-e-Shoora (Parliament) in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to affairs of a Province, may, by law, provide for the establishment and constitution of a Public Service Commission.
- The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President on the advice of the Prime Minister.
- The Chairman of the Public Service Commission constituted in relation to affairs of a Province shall be appointed by the Governor on advice of the Chief Minister.
- A Public Service Commission shall perform such functions as may be prescribed by law.
Key Points of Article 242 of the Constitution of Pakistan
- Legislative Empowerment: The Majlis-e-Shoora and Provincial Assemblies have the authority to pass laws related to the establishment and structure of the Public Service Commission.
- Chairman Appointments: The Chairman of a federal Public Service Commission is appointed by the President with advice from the Prime Minister and a Chairman for provincial Public Service Commissions are appointed by their Governor with advice from the Chief Minister.
- Commission Functions: Although its functions are not explicitly detailed in Article 242, their functions must still be determined and prescribed by relevant laws.
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Crux of Article 242 of the Constitution of Pakistan
At its core, Article 242 underscores the pivotal role of the Public Service Commission in shaping the civil service landscape of Pakistan. By conferring legislative power upon the national and provincial assemblies, it ensures the establishment of a body responsible for recruiting, selecting, and managing government personnel. The appointment procedures for the commission’s chairman emphasize a balance of power between federal and provincial authorities.
The absence of detailed functions within Article 242 highlights its flexibility, allowing the government to adapt the Public Service Commission’s role to the evolving needs of the nation. This adaptability is a key feature, enabling the commission to address changing administrative and governance requirements over time.
Conclusion: Article 242 of the Constitution of Pakistan
In conclusion, Article 242 serves as a linchpin in the constitutional architecture of Pakistan. Its provisions empower legislative bodies, delineate appointment procedures, and lay the groundwork for a robust Public Service Commission. The flexibility inherent in the article ensures that the commission can evolve alongside the dynamic needs of the public sector.
As we navigate the labyrinth of the 1973 Constitution of Pakistan, Article 242 stands out as a testament to the nation’s commitment to a meritocratic and efficient public service. It lays the foundation for a system where appointments are made based on competence, fostering a governance structure that is responsive to the aspirations of the people.
