vustudents
08-15-2012, 11:39 PM
Q. Discuss the emergency provisions of the constitution with reference to Article 232 of the constitution. (2003/S)
Q. Discuss the various kinds of emergencies and in whom the power is vested under the constitution. (2005/S)
1. Introduction:
The president may proclaim state of emergency and make regulations accordingly. emergency may arise all over the country or in a province or in a part of it. the president is authorized to declare state of emergency for whole of the country or any part of the country.
2. Relevant article provisions:
Article 232 to 237 constitution of Pakistan.
3. Power to proclaim the emergency:
A proclamation of emergency is issued by the president. the president is the sole judge of the situation and it is he who has to decide whether or not the proclamation would issue.
4. Kinds of Emergency:
(i) Emergency due to war, external or internal disturbance.
(ii) Emergency due to the break down of constitution machinery.
(iii) Financial emergency.
(i) Emergency due to war, External or internal disturbance:-
When there exists a grave emergency due to which the security of Pakistan or any part there of is threatened by war or external aggression by internal disturbance beyond the power of provincial gov;t to control. the president can declare the state of emergency.
Suspension of fundamental Rights:
During the emergency the fundamental rights can be suspended and the president is empowered to declare that the right to move any court for the enforcement of such suspended rights shall remain suspended for the period during which proclamation is enforced.
(ii) Emergency due to the Breakdown of constitutional Machinery:-
In case the president is satisfied with the report of the Governor concerned that a situation has arisen in which the gov't of the province can not be carried on in accordance with the provisions of the constitution. He can proclaim an emergency.
(a) Effect:
Federal executive or federal legislature shall take over functions of provincial executive and legislature.
(b) Duration of Emergency:
The duration of emergency is for the period of sixth months.
(c) Extension in period:
the president may extent the period of emergency for two months.
(d) Law to cease after sixth months:
Laws made by the federal executive and federal legislature shall cease after sixth months of proclamation of emergency.
Case Law
P.L.D. 1997 lah 38
No constitution breakdown had been shown to exist in the province but resignations of certain ministers and Advisors form the provincial cabinet were shown on the the record. Such circumstances could be considered to constitute a situation in which the Govt. of the province could not run in accordance with the constitution and proclamation under Article 204 was not justified.
(iii) Financial Emergency:
In case the president is satisfied that a situation has arisen whereby the economic life, financial stability of credit of Pakistan, or any part there of, is threatened, the may after consulation with the Governor of the provinces or the case may be, the governor of the provinces concerned by proclamation a declaration to the effect, and while such proclamation is in force, the executive authority of the federation shall extend to the giving direction to any province to observe such principles of financial property as may be specified in the direction as to the giving of such other directions as the president deems necessary in the interest of economic life, financial stability of credit of Pakistan or any part there of.
5. Revocation of Proclamation:
The proclamation declared by the president may be varied or revolved by a subsequent proclamation.
6. Safeguard to proclamation:
The validity of any proclamation issued or order made under this part shall not be called in question in any court.
Case Law
P.L.D 1977 Kar. 604
It was held that president's power to issue proclamation or revoke proclamation of emergency is not open to judicial review.
7. Parliament may make laws of indemnity:
Parliament may, however pass a law indemnifying any person in service of the federal or provincial Govt, for any act done in connection with the maintenance or restoration of order in any part in Pakistan.
8. Conclusion:
To conclude I can say that the emergency provisions would come into operation in the case of war, internal, external disturbance, failure of constitutional machinery in a province and financial and economic instability. the president of Pakistan is empowered to declare the state of emergency. he can also revoke or vary the emergency.
Q. Discuss the various kinds of emergencies and in whom the power is vested under the constitution. (2005/S)
1. Introduction:
The president may proclaim state of emergency and make regulations accordingly. emergency may arise all over the country or in a province or in a part of it. the president is authorized to declare state of emergency for whole of the country or any part of the country.
2. Relevant article provisions:
Article 232 to 237 constitution of Pakistan.
3. Power to proclaim the emergency:
A proclamation of emergency is issued by the president. the president is the sole judge of the situation and it is he who has to decide whether or not the proclamation would issue.
4. Kinds of Emergency:
(i) Emergency due to war, external or internal disturbance.
(ii) Emergency due to the break down of constitution machinery.
(iii) Financial emergency.
(i) Emergency due to war, External or internal disturbance:-
When there exists a grave emergency due to which the security of Pakistan or any part there of is threatened by war or external aggression by internal disturbance beyond the power of provincial gov;t to control. the president can declare the state of emergency.
Suspension of fundamental Rights:
During the emergency the fundamental rights can be suspended and the president is empowered to declare that the right to move any court for the enforcement of such suspended rights shall remain suspended for the period during which proclamation is enforced.
(ii) Emergency due to the Breakdown of constitutional Machinery:-
In case the president is satisfied with the report of the Governor concerned that a situation has arisen in which the gov't of the province can not be carried on in accordance with the provisions of the constitution. He can proclaim an emergency.
(a) Effect:
Federal executive or federal legislature shall take over functions of provincial executive and legislature.
(b) Duration of Emergency:
The duration of emergency is for the period of sixth months.
(c) Extension in period:
the president may extent the period of emergency for two months.
(d) Law to cease after sixth months:
Laws made by the federal executive and federal legislature shall cease after sixth months of proclamation of emergency.
Case Law
P.L.D. 1997 lah 38
No constitution breakdown had been shown to exist in the province but resignations of certain ministers and Advisors form the provincial cabinet were shown on the the record. Such circumstances could be considered to constitute a situation in which the Govt. of the province could not run in accordance with the constitution and proclamation under Article 204 was not justified.
(iii) Financial Emergency:
In case the president is satisfied that a situation has arisen whereby the economic life, financial stability of credit of Pakistan, or any part there of, is threatened, the may after consulation with the Governor of the provinces or the case may be, the governor of the provinces concerned by proclamation a declaration to the effect, and while such proclamation is in force, the executive authority of the federation shall extend to the giving direction to any province to observe such principles of financial property as may be specified in the direction as to the giving of such other directions as the president deems necessary in the interest of economic life, financial stability of credit of Pakistan or any part there of.
5. Revocation of Proclamation:
The proclamation declared by the president may be varied or revolved by a subsequent proclamation.
6. Safeguard to proclamation:
The validity of any proclamation issued or order made under this part shall not be called in question in any court.
Case Law
P.L.D 1977 Kar. 604
It was held that president's power to issue proclamation or revoke proclamation of emergency is not open to judicial review.
7. Parliament may make laws of indemnity:
Parliament may, however pass a law indemnifying any person in service of the federal or provincial Govt, for any act done in connection with the maintenance or restoration of order in any part in Pakistan.
8. Conclusion:
To conclude I can say that the emergency provisions would come into operation in the case of war, internal, external disturbance, failure of constitutional machinery in a province and financial and economic instability. the president of Pakistan is empowered to declare the state of emergency. he can also revoke or vary the emergency.