Overview of Article 86 of the Constitution of Pakistan
Enshrined within the constitutional fabric of Pakistan, Article 86 stands as a pivotal provision, offering a unique perspective on governance during transitional phases. This blog post aims to provide a comprehensive overview of Article 86, unraveling its purpose, key points, and implications within the broader constitutional framework.
Article 86 States
86. Power to authorise expenditure when Assembly stands dissolved.
Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time when the National Assembly stands dissolved, the Federal Government may authorize expenditure from the Federal Consolidated Fund in respect of the estimated expenditure for a period not exceeding four months in any financial year, pending completion of the procedure prescribed in Article 82 for the voting of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.
Key Points of Article 86 of the Constitution of Pakistan
- Exceptional Circumstances: Article 86 serves as an exception to the usual procedures related to financial matters. It allows the Federal Government to take financial actions even when the National Assembly is dissolved, acknowledging the unique circumstances that may warrant such measures.
- Duration Limit: The authority granted by Article 86 is not open-ended. It is confined to a specific duration, not exceeding four months in any financial year. This limitation ensures that the authorization of expenditures is a temporary measure during transitional periods.
- Continuity of Essential Functions: The primary purpose of Article 86 is to ensure the continuity of essential government functions. By allowing the Federal Government to authorize expenditures, the provision prevents disruptions in governance, even in the absence of an active National Assembly.
- Pending Completion of Procedure: Similar to the concept of Votes on Account, Article 86 is applicable pending the completion of the standard procedure prescribed in Article 82 for the voting of grants and the authentication of the schedule of authorized expenditure in accordance with the provisions of Article 83.
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Crux of Article 86 of the Constitution of Pakistan
At its core, Article 86 embodies a pragmatic approach to governance. It recognizes that political transitions or the dissolution of the National Assembly should not hinder the fundamental operations of the government. By empowering the Federal Government to authorize expenditures, the Constitution ensures that essential services continue and financial flexibility is maintained during critical phases.
This provision reflects the framers’ understanding of the fluid nature of politics and governance. It demonstrates a commitment to providing the government with the tools necessary to navigate transitions seamlessly, fostering stability even when traditional legislative procedures are momentarily disrupted.
Conclusion: Article 86 of the Constitution of Pakistan
In conclusion, Article 86 of the Constitution of Pakistan plays a crucial role in maintaining the stability and continuity of government operations. By granting the Federal Government the authority to authorize expenditures during the dissolution of the National Assembly, this provision serves as a safeguard against potential disruptions in governance.
Understanding Article 86 provides valuable insights into the adaptability of the constitutional framework, showcasing a commitment to effective governance even in exceptional circumstances. As we explore the intricacies of the Constitution of Pakistan 1973 and its key articles, Article 86 emerges as a cornerstone in ensuring the resilience of the nation’s governance structure.
