Overview of Article 253 of the Constitution of Pakistan
Nestled within the constitutional fabric of Pakistan is Article 253, a provision that empowers the Parliament to regulate property ownership and control. Enshrined in the Constitution of Pakistan 1973, this article plays a crucial role in shaping the dynamics of property rights within the nation. Let’s embark on a journey to understand the essence and implications of Article 253.
Article 253 States
253. Maximum limits as to property, etc
- Majlis-e-Shoora (Parliament) may by law
- prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and
- declare that any trade, business, industry or service specified in such law shall be carried on or owned, to the exclusion complete or partial, of other persons, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government.
- Any law which permits a person to own beneficially or possess beneficially an area of land greater than that which, immediately before the commencing day, he could have lawfully owned beneficially or possessed beneficially shall be invalid.
Key Points of Article 253 of the Constitution of Pakistan
- Parliamentary Authority: The primary authority to legislate on property ownership and control lies with the Parliament.
- Prescribing Maximum Limits: Parliament can, through law, set maximum limits on property ownership, determining the extent to which an individual may own, hold, possess, or control property.
- Governmental Ownership Declaration: The article empowers Parliament to declare, through legislation, that specific trades, businesses, industries, or services shall be carried on or owned exclusively or partially by the Federal Government, Provincial Government, or corporations controlled by these entities.
- Invalidation Clause: Any law allowing a person to own beneficially or possess beneficially an area of land greater than what was legally permissible before the commencement day of the constitution is declared invalid.
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Crux of Article 253 of the Constitution of Pakistan
Article 253 is rooted in the principles of economic equity and social justice. By vesting the Parliament with the authority to regulate property ownership, the article addresses concerns related to the concentration of wealth. The provision allows for a proactive approach to prevent the undue accumulation of property, fostering a more balanced distribution of resources.
The declaration of exclusive or partial ownership of certain sectors by the government reflects an awareness of the potential impact of private ownership on strategic industries. This provision acknowledges the role of the state in ensuring the welfare of the citizens and maintaining control over critical aspects of the economy.
The inclusion of the invalidation clause is noteworthy. It acts as a safeguard against attempts to retroactively increase land ownership beyond legally prescribed limits. This clause prevents any exploitation of the article for personal gain and reinforces the commitment to legal consistency.
Conclusion: Article 253 of the Constitution of Pakistan
In conclusion, Article 253 emerges as a cornerstone in the constitutional framework of Pakistan, reflecting a delicate balance between individual property rights and the collective interest in preventing the concentration of wealth. The provision is a testament to the nation’s commitment to economic fairness and social equilibrium.
As Pakistan continues its journey of development and progress, Article 253 remains a powerful tool in the legal arsenal. It empowers the Parliament to adapt property regulations in response to the evolving needs of the nation, ensuring that property ownership and control align with the principles of justice and equity.
