Overview of Article 273 of the Constitution of Pakistan
The Constitution of Pakistan, enacted in 1973, is a foundational document that lays down the principles and framework for governance. Among its many provisions, Article 273 stands out as a critical piece that outlines the formation and functioning of the first provincial assembly under this constitutional framework.
Article 273 States
273. First Provincial Assembly
- Notwithstanding anything contained in the Constitution, but subject to Article 63, Article 64 and Article 223,
- the first Assembly of a Province under the Constitution shall consist of
- the members of the Assembly of that Province in existence immediately before the commencing day, and
- the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,
- and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference to “total membership” of the Assembly of a Province in the Constitution shall be construed accordingly;
- the qualifications and disqualifications for membership of the first Assembly of a Province shall, except in case of members filling casual vacancies, or to be elected to the additional seats referred to in clause (3) of Article 106, after the commencing day, be the same as were provided in the Interim Constitution of the Islamic Republic of Pakistan:
- the first Assembly of a Province under the Constitution shall consist of
Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the Assembly after the expiration of three months from the commencing day.
- A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat in the Assembly of that Province in existence immediately before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.
- A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make the oath within twenty- one days from the day of the first meeting of the Provincial Assembly, his seat shall become vacant at the expiration of that period.
Key Points of Article 273 of the Constitution of Pakistan
- Composition: The first Assembly comprises members from the pre-existing assembly and additional members elected to fill specific seats, as outlined in clause (a)(i) and (a)(ii) of Article 273.
- Duration: The first Assembly’s tenure extends until the fourteenth day of August, 1977, unless dissolved earlier, providing a clear timeframe for its functioning.
- Qualifications and Disqualifications: Except for members filling casual vacancies, the qualifications and disqualifications for the first Assembly members align with those in the Interim Constitution of the Islamic Republic of Pakistan.
- Office of Profit: Members holding an office of profit in the service of Pakistan face a three-month limitation, beyond which they cannot continue as Assembly members.
- Casual Vacancies: The provision addresses how casual vacancies, arising from death, resignation, or disqualification, can be filled, ensuring the continuity of representation.
- Oath Requirement: Members must take the prescribed oath before sitting or voting in the Provincial Assembly, with consequences specified for non-compliance within a designated time frame.
- Legal References: Article 273 refers to various constitutional articles, including Article 63, Article 64, Article 223, Article 106, Article 65, and Article 127, creating an interconnected legal framework.
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Crux of Article 273 of the Constitution of Pakistan
At its core, Article 273 serves as a transitional provision, facilitating the smooth transition from the preceding assembly to the first Assembly under the new constitutional order. By incorporating existing members and introducing a mechanism for electing additional members, the provision aims to ensure representation continuity while adapting to the evolving constitutional landscape.
The provision’s emphasis on adherence to constitutional principles, such as the oath requirement and qualifications for membership, underscores the commitment to upholding democratic values. The limitation on members holding offices of profit further safeguards against potential conflicts of interest, promoting transparency and accountability.
Moreover, the provision’s meticulous addressing of casual vacancies demonstrates a forward-looking approach, preparing for unforeseen circumstances that might arise during the initial phase of constitutional implementation. This flexibility is crucial for maintaining the stability and functionality of the Provincial Assembly.
Conclusion: Article 273 of the Constitution of Pakistan
In conclusion, Article 273 of the Constitution of Pakistan, nestled within the broader constitutional framework of 1973, plays a pivotal role in shaping the composition and operation of the first provincial assembly. Its provisions, carefully crafted to balance continuity and adaptability, reflect a commitment to democratic principles and effective governance.
As we delve into the intricacies of Article 273, it becomes evident that this constitutional provision serves as a cornerstone for the establishment of the Provincial Assembly, laying the groundwork for representative democracy in Pakistan. The provision’s relevance extends beyond its initial implementation, providing a roadmap for subsequent assemblies and reinforcing the enduring values embedded in the Constitution of Pakistan.
