Article 89 of Constitution of Pakistan – Power of President

Overview of Article 89 of the Constitution of Pakistan

Article 89 of Pakistan’s Constitution sets forth in detail when and under what conditions the President is empowered to issue ordinances or temporary legislative measures without consulting the Senate or National Assembly. This blog post delves deeper into Article 89’s provisions, key points and its constitutional balance between executive authority and parliamentary oversight.

Article 89 States

89. Power of President to promulgate Ordinances

• The President may, except when the Senate or National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance, as the circumstances may require.
• An Ordinance promulgated under this Article shall have the same force and effect as an Act of Majlis-e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-e-Shoora (Parliament) to make law, but every such Ordinance-
  • shall be laid-
    • before the National Assembly if it contains provisions dealing with all or any of the matters specified in clause (2) of Article 73, and shall stand repealed at the expiration of one hundred and twenty days from its promulgation or, if before the expiration of that period -a resolution disapproving it is passed by the Assembly, upon the passing of that resolution :
      Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
      Provided further that extension for further period may be made only once.
    • before both Houses if it does not contain provisions dealing with any of the matters referred to in sub-paragraph (i), and shall stand repealed at the expiration of one hundred and twenty days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the passing of that resolution :
      Provided that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by a House, upon the passing of that resolution:
      Provided further that extension for a further period may be made only once.
  • may be withdrawn at any time by the President.
• Without prejudice to the provisions of clause (2),-
  • an Ordinance laid before the National Assembly under sub-paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and
  • an Ordinance laid before both Houses under sub-paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.”

Key Points of Article 89 of the Constitution of Pakistan

1. Presidential Authority: The President can promulgate ordinances when the Parliament is not in session, ensuring a mechanism for swift legislative action in urgent situations (Article 89(1)).
2. Force and Effect of Ordinances: Ordinances carry the same weight as Acts of Parliament but are subject to legislative restrictions, ensuring accountability and oversight (Article 89(2)).
3. Legislative Procedures for Ordinances: Procedures for laying ordinances depend on the matters specified in the ordinance:

• Matters specified in Article 73(2) require laying before the National Assembly, with a 120-day timeline and the possibility of extension through a resolution.
• Other ordinances must be laid before both Houses, also subject to a 120-day timeline, extendable through a resolution. The President has the authority to withdraw an ordinance at any time (Article 89(2)(b)).

4. Legislative Deeming Provisions: Article 89(3) contains deeming provisions, treating ordinances laid before the National Assembly or both Houses as Bills introduced in the respective legislative bodies.

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Crux of Article 89 of the Constitution of Pakistan

Article 89 serves as a constitutional mechanism to balance the need for swift executive action with the principles of parliamentary oversight and democratic accountability. By granting the President the power to promulgate ordinances during the Parliament’s recess, the Constitution acknowledges the urgency of certain situations requiring immediate legislative measures.

The procedural requirements, specified timelines, and the withdrawal provision in Article 89 ensure that temporary legislative measures are not wielded arbitrarily. Instead, they undergo scrutiny, timelines, and oversight, aligning with the constitutional principles of transparency and democratic governance.

Conclusion: Article 89 of the Constitution of Pakistan

In conclusion, Article 89 of the Constitution of Pakistan embodies the delicate balance between executive authority and parliamentary oversight. By delineating the circumstances and procedures for the President to promulgate ordinances, the Constitution ensures that temporary legislative measures align with the broader principles of democratic governance.

Understanding the nuances of Article 89 provides valuable insights into the constitutional mechanisms designed to address urgent situations, acknowledging the executive’s need for immediate action while safeguarding the principles of parliamentary scrutiny.

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