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Overview of Article 272 of the Constitution of Pakistan
The Constitution of Pakistan, crafted in 1973, stands as the fundamental legal document shaping the nation’s governance. Among its many articles, Article 272 holds significance, providing transitional arrangements for the Senate. This blog post aims to dissect and illuminate the critical aspects of Article 272, unraveling its complexities and shedding light on its implications.
Article 272 States
272. First Constitution of Senate
- Notwithstanding anything contained in the Constitution, but subject to Article 63 and Article 223,
- the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of forty-five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word “fourteen” the word “ten” and in paragraph (b) of that clause for the word “five” the word “three”, were substituted, and reference to “total memberships” of the Senate in the Constitution shall be construed accordingly,
- the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province one member from the said Areas and one member from the Federal Capital;
- the term of office of members of the first group and of the second group shall respectively be two years and four years;
- the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;
- the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill;
- as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from the Federally Administered Tribal Areas; and
- the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group.
Key Points of Article 272 of the Constitution of Pakistan
- Composition of the Senate: The article stipulates that, until the first National Assembly convenes, the Senate shall comprise forty-five members. Modifications to Article 59 are detailed, adjusting the representation from different regions.
- Division of Members: Elected or chosen members are divided into two groups, with varying terms of office. The intricacies of this division reflect a meticulous approach to balance representation.
- Term of Office: The article delineates distinct terms for the two groups, with successors enjoying a four-year term. Casual vacancies are to be filled with individuals completing the unexpired term of their predecessors.
- Additional Members: Following the first general election to the National Assembly, the article calls for the election of four additional members from the Federally Administered Tribal Areas, emphasizing inclusivity.
- Drawing Lots: The mention of drawing lots introduces an element of randomness in determining the terms of office for additional members, ensuring fairness in representation.
Crux of Article 272 of the Constitution of Pakistan
Article 272 serves as a transitional bridge, guiding the establishment of the Senate until the first National Assembly under the 1973 Constitution takes shape. Its meticulous detailing of composition, division, and terms reflects a commitment to equitable representation, underscoring the nation’s democratic principles.
As the article navigates through the intricacies of Senate formation, it not only safeguards regional diversity but also ensures a smooth transition into the full-fledged implementation of the constitutional framework. The emphasis on drawing lots adds a unique touch, infusing an element of chance into the selection process, reinforcing the principles of fairness and impartiality.
Conclusion: Article 272 of the Constitution of Pakistan
In conclusion, Article 272 of the Constitution of Pakistan stands as a testament to the nation’s commitment to a well-structured and representative Senate. Its provisions, carefully outlined to address the transitional period, showcase a thoughtful approach to governance. As the 1973 Constitution of Pakistan continues to guide the nation, Article 272 remains a pivotal component, embodying the spirit of democracy and ensuring a balanced representation of diverse voices.
By exploring the nuances of Article 272, we gain insight into the foundational principles that underpin Pakistan’s constitutional framework. As subsequent amendments and legislative changes shape the nation’s trajectory, Article 272 remains a cornerstone, embodying the nation’s commitment to democratic values and inclusive governance.