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Overview of Article 98 of the Constitution of Pakistan
Nestled within the constitutional fabric of Pakistan is Article 98, a provision that plays a pivotal role in the delegation of functions within the federal structure. Enacted in the 1973 Constitution, this article outlines the mechanism by which the Federal Government can recommend and confer specific functions upon subordinate authorities. This blog post embarks on a journey to unravel the nuances of Article 98, shedding light on its significance, key points, and the implications it carries for the efficiency of governance.
Article 98 States
98. Conferring of functions on subordinate authorities.
On the recommendation of the Federal Government, Majlis-e-Shoora (Parliament) may by law confer functions upon officers or authorities subordinate to the Federal Government.
Key Points of Article 98 of the Constitution of Pakistan
- Federal Government’s Recommendation: The initiation of the process lies with the Federal Government. Before functions can be conferred upon subordinate authorities, the Federal Government must recommend the delegation. This ensures that the proposal is rooted in the executive’s judgment and is aligned with broader governance strategies.
- Parliamentary Approval: Any delegation of functions requires approval by Parliament. As representatives of the will of the people, Parliament plays an essential role in deciding how much and which functions can be delegated, thus upholding transparency, accountability and democratic principles.
- Legislative Enactment: Article 98 emphasizes that the delegation of functions must be established through a law enacted by the Parliament. This legal framework provides the necessary structure and clarity regarding the scope and limitations of the functions delegated. It also sets the parameters within which subordinate authorities can operate.
Crux of Article 98 of the Constitution of Pakistan
At the heart of Article 98 lies the recognition of the need for flexibility and efficiency in governance. By allowing the Federal Government to recommend the delegation of functions, subject to parliamentary approval, the provision acknowledges that certain tasks can be handled more effectively at lower administrative levels. This decentralized approach not only enhances efficiency but also enables a more responsive and adaptive government.
Conclusion: Article 98 of the Constitution of Pakistan
In conclusion, Article 98 stands as a testament to the dynamic nature of governance in Pakistan. Its nuanced provisions empower the Federal Government to streamline administrative processes by delegating functions to subordinate authorities. As we navigate the intricacies of the 1973 constitution of Pakistan, Article 98 emerges as a key instrument, symbolizing the nation’s commitment to efficiency, adaptability, and the prudent use of administrative resources.