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232
| Proclamation of emergency on account of war, internal disturbance, etc.
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(1)
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If the President is satisfied that a grave
emergency exists in which the security of Pakistan, or any part
thereof, is threatened by war or external aggression, or by
internal disturbance beyond the power of a Provincial Government
to control, he may issue a Proclamation of Emergency 702[:] 702
703[Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a
Resolution from the Provincial Assembly of that Province shall be required:
Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora
(Parliament) for approval by each House within ten days.
] 703
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(2)
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Notwithstanding anything in the Constitution,
while a Proclamation of Emergency is in force,
704[
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(a)
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Majlis-e-Shoora (Parliament) shall
have power to make laws for a Province, or any part thereof,
with respect to any matter not enumerated in the Federal
Legislative List or the Concurrent Legislative List;
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] 704
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(b)
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the executive authority of the Federation
shall extend to the giving of directions to a Province as to
the manner in which the executive authority of the Province
is to be exercised, and
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(c)
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the Federal Government may by 705 Order
assume to itself, or direct the Governor of a Province to
assume on behalf of the Federal Government, all or any of
the functions of the Government of the Province, and all or
any of the powers vested in, or exercisable by, any body or
authority in the Province other than the Provincial
Assembly, and make such incidental and consequential
provisions as appear to the Federal Government to be
necessary or desirable for giving effect to the objects of
the Proclamation, including provisions for suspending, in
whole or in part, the operation of any provisions of the
Constitution relating to any body or authority in the province:
Provided that nothing in paragraph (c) shall
authorize the Federal Government to assume to itself, or direct
the Governor of the Province to assume on its behalf, any of the
powers vested in or exercisable by a High Court, or to suspend
either in whole or in part the operation of any provisions of
the Constitution relating to High Courts.
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(3)
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The power of 706[Majlis-e-Shoora (Parliament)] 706 to make laws for a Province with respect to any
matter shall include power to make laws conferring powers and
imposing duties, or authorizing the conferring of powers and the
imposition of duties upon the Federation, or officers and
authorities of the Federation, as respects that matter.
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(4)
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Nothing in this Article shall restrict the power
of a Provincial Assembly to make any law which under the
Constitution it has power to make but if any provision of a
Provincial law is repugnant to any provision of an Act of
707[Majlis-e-Shoora (Parliament)] 707 which 708[Majlis-e-Shoora (Parliament)] 708 has under this Article power to make, the Act of
709[Majlis-e-Shoora (Parliament)] 709, whether passed before or after the Provincial law,
shall prevail and the Provincial law shall, to the extent of the
repugnancy, but so long only as the Act of 710[Majlis-e-Shoora (Parliament)] 710 continues to have effect, be void.
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(5)
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A law made by 711[Majlis-e-Shoora (Parliament)] 711, which 712[Majlis-e-Shoora (Parliament)] 712 would not but for the issue of a Proclamation of
Emergency have been competent to make, shall, to the extent of
the incompetency, cease to have effect on the expiration of a
period of six months after the Proclamation of Emergency has
ceased to be in force, except as respects things done or omitted
to be done before the expiration of the said period.
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(6)
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While a Proclamation of Emergency is in force,
713[Majlis-e-Shoora (Parliament)] 713 may by law extend the term of the National Assembly
for a period not exceeding one year and not extending in any
case beyond a period of six months after the Proclamation has
ceased to be in force.
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(7)
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A Proclamation of Emergency shall be laid before a
joint sitting which shall be summoned by the President to meet
within thirty days of the Proclamation being issued and,
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(a)
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shall cease to be in force at the
expiration of two months unless before the expiration of
that period it has been approved by a resolution of the
joint sitting; and
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714[
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(b)
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shall, subject to the provisions of
paragraph (a), cease to be in force upon a resolution
disapproving the Proclamation being passed by the votes of
the majority of the total memberships of the two Houses in
joint sitting.
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] 714
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(8)
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Notwithstanding anything contained in clause (7), if
the National Assembly stands dissolved at the time when a
Proclamation of Emergency is issued, the Proclamation shall continue
in force for a period of four months but, if a general election to
the Assembly is not held before the expiration of that period, it
shall cease to be in force at the expiration of that period unless
it has earlier been approved by a resolution of the Senate.
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233
| Power to suspend Fundamental Rights, etc., during emergency period.
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(1)
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Nothing contained in Articles 15, 16, 17, 18, 19,
and 24 shall, while a proclamation of Emergency is in force,
restrict the power of the State as defined in Article 7 to make
any law or to take any executive action which it would, but for
the provisions in the said Articles, be competent to make or to
take, but any law so made shall to the extent of the
incompetency, cease to have effect, and shall be deemed to have
been repealed, at the time when the Proclamation is revoked or
has ceased to be in force.
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(2)
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While a Proclamation of Emergency is in force, the
President may, by 716 Order, declare that the right to move any
Court for the enforcement of such of the Fundamental Rights
conferred by Chapter 1 of Part II as may be specified in the
Order, and any proceeding in any Court which is for the
enforcement, or involves the determination of any question as to
the infringement, of any of the Rights so specified, shall
remain suspended for the period during which the Proclamation is
in force, and any such Order may be made in respect of the whole
or any part of Pakistan.
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(3)
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Every Order made under this Article shall, as soon as
may be, be laid before 717[both Houses of Majlis-e-Shoora (Parliament) separately] 717 for approval and the
provisions of clauses (7) and (8) of Article 232 shall apply to such
an Order as they apply to a Proclamation of Emergency.
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234
| Power to issue Proclamation in case of failure of constitutional machinery in a Province.
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(1)
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If the President, on receipt of a report from the
Governor of a Province 719[] 719, is satisfied that a
situation has arisen in which the Government of the Province
cannot be carried on in accordance with the provisions of the
Constitution, the President may, or if a resolution in this
behalf is passed 720[by each House separately] 720 shall, by Proclamation,
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(a)
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assume to himself, or direct the Governor
of the Province to assume on behalf of the President, all or
any of the functions of the Government of the Province, and
all or any of the powers vested in, or exercisable by, any
body or authority in the Province, other than the Provincial Assembly;
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(b)
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declare that the powers of the Provincial
Assembly shall be exercisable by, or under the authority of,
721[Majlis-e-Shoora (Parliament)] 721; and
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(c)
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make such incidental and consequential
provisions as appear to the President to be necessary or
desirable for giving effect to the objects of the
Proclamation, including provisions for suspending in whole
or in part the operation of any provisions of the
Constitution relating to any body or authority in the Province:
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Provided that nothing in this Article shall
authorize the President to assume to himself, or direct the
Governor of the Province to assume on his behalf, any of the
powers vested in, or exercisable by, a High Court, or to suspend
either in whole or in part the operation of any provisions of
the Constitution relating to High Courts.
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(2)
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The Provisions of Article 105 shall not apply to
the discharge by the Governor of his functions under clause (1).
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(3)
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A Proclamation issued under this Article shall be
laid before a joint sitting and shall cease to be in force at
the expiration of two months, unless before the expiration of
that period it has been approved by resolution of the joint
sitting and may by like resolution be extended for a further
period not exceeding two months at a time; but no such
Proclamation shall in any case remain in force for more than six months.
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(4)
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Notwithstanding anything contained in clause (3),
if the National Assembly stands dissolved at the time when a
Proclamation is issued under this Article, the Proclamation
shall continue in force for a period of three months but, if a
general election to the Assembly is not held before the
expiration or that period, it shall cease to be in force at the
expiration of that period unless it has earlier been approved by
a resolution of the Senate.
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(5)
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Where by a Proclamation issued under this Article
it has been declared that the powers of the Provincial Assembly
shall be exercisable by or under the authority of 722[Majlis-e-Shoora (Parliament)] 722, it shall be competent-
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(a)
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to 723[Majlis-e-Shoora (Parliament)] 723 in joint sitting to confer on the President the
power to make laws with respect to any matter within the
legislative competence of the Provincial Assembly;
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(b)
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to 724[Majlis-e-Shoora (Parliament)] 724 in joint sitting, or the President, when he is
empowered under paragraph (a), to make laws conferring
powers and imposing duties, or authorizing the conferring of
powers and the imposition of duties, upon the Federation, or
officers and authorities thereof;
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(c)
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to the President, when 725[Majlis-e-Shoora (Parliament)] 725 is not in session, to authorize expenditure
from the Provincial Consolidated Fund, whether the
expenditure is charged by the Constitution upon that fund or
not, pending the sanction of such expenditure by 726[Majlis-e-Shoora (Parliament)] 726 in joint sitting; and
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(d)
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to 727[Majlis-e-Shoora (Parliament)] 727 in joint sitting by resolution to sanction
expenditure authorized by the President under paragraph (c).
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(6)
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Any law made by 728[Majlis-e-Shoora (Parliament)] 728 or the President which 729[Majlis-e-Shoora (Parliament)] 729 or the President would not, but for the issue of a
Proclamation under this Article, have been competent to make, shall,
to the extent of the incompetency, cease to have affect on the
expiration of a period of six months after the Proclamation under
this Article has ceased to be in force, except as to things done or
omitted to be done before the expiration of the said period.
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235
| Proclamation in case of financial emergency.
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(1)
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If the President is satisfied that a situation has
arisen whereby the economic life, financial stability or credit
of Pakistan, or any part thereof, is threatened, he may, after
consultation with the Governors of the Provinces or, as the case
may be, the Governor of the Province concerned, by Proclamation
make a declaration to that effect, and while such a Proclamation
is in force, the executive authority of the Federation shall
extend to the giving of directions to any Province to observe
such principles of financial propriety as may be specified in
the directions, and to the giving of such other directions as
the President may deem necessary in the interest of the economic
life, financial stability or credit of Pakistan or any part thereof.
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(2)
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Notwithstanding anything in the Constitution, any
such directions may include a provision requiring a reduction of
the salary and allowances of all or any class of persons serving
in connection with the affairs of the Province.
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(3)
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While a Proclamation issued under this Article is
in force the President may issue directions for the reduction of
the salaries and allowances of all or any class of persons
serving in connection with the affairs of the Federation.
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(4)
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The provisions of clauses (3) and (4) of Article 234
shall apply to a Proclamation issued under this Article as they
apply to a Proclamation issued under that Article.
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236
| Revocation of Proclamation, etc.
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(1)
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A Proclamation issued under this part may be
varied or revoked by a subsequent Proclamation.
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(2)
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The validity of any Proclamation issued or Order made
under this Part shall not be called in question in any court.
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237
| 730[Majlis-e-Shoora (Parliament)] 730 may make laws of indemnity, etc.
Nothing in the Constitution shall prevent 731[Majlis-e-Shoora (Parliament)] 731 from making any law indemnifying any person in the
service of the Federal Government or a Provincial Government, or any
other person, in respect of any act done in connection with the
maintenance or restoration of order in any area in Pakistan. |
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704
Substituted by
Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 47
(with effect from
March 2, 1985) for :
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(a)
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Parliament shall have power to make laws for a province, or any part thereof, with respect to any matter enumerated in Part
II of the Federal Legislative List or the Concurrent Legislative List or with respect to any matter not enumerated in either
of those Lists, as if it were a matter specified in Part I of the Federal Legislative List.
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705
For such Order, in respect of N.W.F.P., see S.R.O. No. 22 (I)/75, dated February 16, 1975, Gazette of Pakistan, 1975, Extraordinary,
Part II, page 329, since rescinded by S.R.O. No. 522 (I)/75, dated May 3, 1975, see Gazette of Pakistan, 1975, Extraordinary,
Part II, page 727; and For such Order, in respect of the Province of Baluchistan, see S.R.O. No. 641 (I)/76, dated June 30,
1976, Gazette of Pakistan, 1976, Extraordinary, Part II, page 1207, since rescinded by S.R.O. No. 1161 (I)/76, dated December
6, 1976, see Gazette of Pakistan, 1976, Extraordinary, Part II, page 2279.
715
For resolutions under original paragraph (b) approving the continuance in force of the Proclamation of Emergency, see Gazette
of Pakistan, 1974, Extraordinary, Part II, page 343, and page 1183.
716
The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide Gazette of
Pakistan, 1973, Extraordinary, part I, 602, has been rescinded by S.R.O. 1093 (I)/74, dated August 14, 1974. See Gazette of
Pakistan, 1974, Extraordinary, Part II, page 1548.
718
The joint sitting passed the following resolution on September 6, 1973:- "That the joint sitting approves under clause
(7) of Article 232 of the Constitution, read with clause (3) of the Article 233 thereof, the President's Order of the 14th
of August, 1973, made under clause (2) of the said Article 233 and the continuance in force of the said Order for the period
of six months following the expiration of the period mentioned in paragraph (a) of the said clause (7) of Article 232.". For
resolution approving the continuance in force of the President's Order of the 14th of August , 1973, for a further period
of six months, see Gazette of Pakistan, 1974, Extraordinary, Part III, page 343.