Table of Contents
Overview of Article 265 of the Constitution of Pakistan
The Constitution of the Islamic Republic of Pakistan, adopted in 1973, serves as the bedrock of the nation’s legal framework. Among its many articles, Article 265 holds significance as it outlines crucial aspects related to the title, commencement, and exercise of powers. In this blog post, we embark on a journey to unravel the intricacies of Article 265 and understand its role in shaping the constitutional landscape of Pakistan.
Article 265 States
265. Title of Constitution and commencement
- This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.
- Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one thousand nine hundred and seventy three or on such earlier day as the President may, by notification in the official Gazette, appoint, in the Constitution referred to as the “commencing day.”
- The Constitution shall, to the extent necessary
- for the constitution of the first Senate;
- for the first meeting of a House or a joint sitting to be held;
- for the election of the President and the Prime Minister to be held; and
- to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day,
come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day.
- Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any Court or office, or the appointment of any Judge or office thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provisions, then that power may be exercised at any time between the enactment of the Constitution and its commencement.
Key Points of Article 265 of the Constitution of Pakistan
- Commencement Date: Article 265 provides a specific date for the commencement of the Constitution – the fourteenth day of August 1973. However, it grants the President the authority to designate an earlier day through an official Gazette notification. This flexibility in the commencement date accommodates the practicalities of implementation.
- Provisions Before Commencement: Clause (3) of Article 265 sheds light on the provisional activation of certain constitutional provisions. Notably, it delineates actions necessary for the constitution of the first Senate, the initial meetings of Houses, the election of the President and Prime Minister, and other pre-commencement requisites.
- Restrictions on Assuming Office: While certain provisions may come into effect before the official commencement day, a crucial caveat exists. Individuals elected as President or Prime Minister are prohibited from assuming office until the specified commencement day arrives, ensuring a synchronized initiation of constitutional governance.
- Exercise of Powers: Clause (4) empowers the exercise of certain constitutional powers during the interim period between the enactment and commencement of the Constitution. This provision allows for the formulation of rules, issuance of orders, and other actions necessary for the enforcement and establishment of constitutional mechanisms.
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Crux of Article 265 of the Constitution of Pakistan
Article 265 serves as a compass, guiding the transition from the enactment to the full-fledged commencement of the Constitution of Pakistan 1973. Its provisions carefully balance the need for a structured implementation process with the flexibility required to address practical considerations.
As the Constitution of Pakistan stands as the supreme law of the land, Article 265 plays a pivotal role in ensuring a seamless transition from legislative text to practical governance. The delineation of commencement procedures, provisional activation of specific provisions, and the judicious exercise of powers contribute to the constitutional stability and functionality of the nation.
Conclusion: Article 265 of the Constitution of Pakistan
In conclusion, Article 265 emerges as a linchpin within the Constitution of Pakistan 1973. Its provisions not only bestow the official title upon the constitutional document but also intricately navigate the delicate balance between immediate implementation and the formal commencement of governance.
The flexible commencement date, provisional activation of essential provisions, and the judicious exercise of powers collectively underscore the thoughtful craftsmanship of the framers of the constitution. As we unravel the layers of Article 265, we gain a deeper appreciation for its role in shaping the legal landscape of Pakistan, ensuring a harmonious transition from constitutional enactment to active governance.
