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Article: 232 Proclamation of emergency on account of war, internal disturbance, etc

232.  Proclamation of emergency on account of war, internal disturbance, etc.—(1)  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 1[ : ]

1[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.]

(2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force, —

2[(a) 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;]

(b) 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

(c) the Federal Government may by 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 authorise, 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.

(3)  The power of3[Majlis-e-Shoora (Parliament)] 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.

(4)  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 3[Majlis-e-Shoora (Parliament)] which 3[Majlis-e-Shoora (Parliament)] has under this Article power to make, the Act of 3[Majlis-e-Shoora (Parliament)] 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 of3[Majlis-e-Shoora (Parliament)] continues to have effect, be void.

(5)  A law made by 3[Majlis-e-Shoora (Parliament)], which 3[Majlis-e-Shoora (Parliament)] 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.

(6)  While a Proclamation of Emergency is in force,3[Majlis-e-Shoora (Parliament)] 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.

(7)  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—

(a)  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

4[(b)  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.]

(8)  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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Footnotes:

1. Section 86 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted a colon, in place of the full stop, at the end of clause (1) of Art. 232 and added the said new provisos thereto, (w.e.f. April 19, 2010).

2.  Item 47 of the Schedule to P.O. No. 14 of 1985, substituted paragraph (a) of clause 2 of Art. 232 in its present form, (w.e.f. March 2, 1985), in place of the said paragraph as adopted in 1973, that read :

“(a)  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;”

3.  See Footnote 2 on page 4.

4.  Section 3 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) substituted paragraph (b) of clause 7 of Article 232, in its present form, (w.e.f. February 13, 1975), in place of the said paragraph as adopted in 1973, read :

“(b)  may by resolution of a joint sitting, be continued in force for a period not exceeding six months at  a time.”

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Comparative Table of Article 232 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
30(a)(b)
Constitution of Pakistan 1956 :
191(1)
Constitution of India 1950:
355
Government of India Act 1935:
45(1)(a)(b)

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Leading & Latest Cases on Article 232 of the Constitution of Pakistan, 1973 :

P L D 1972 SC 139 ASMA JILANI GOVERNMENT OF THE PUNJAB AND ANOTHER
MUHAMMAD SULEMAN
ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS
 P L D 1999 SC 504  SH. LIAQUAT HUSSAIN AND OTHERS  FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliament
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
SARDAR FAROOQ AHMED KHAN LEGHARI
FEDERATION OF PAKISTAN AND OTHERS
1999 CLC 607  SHAUKAT ALI MIAN AND ANOTHER  THE FEDERATION OF PAKISTAN
JAMIAT-ISLAM PAKISTAN through Syed Munawar Hassan, Secretary-General
FEDERATION OF PAKISTAN through Secretary, Law, Justice and Affairs
WASIM SAJJAD AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION AND OTHERS
P L D 2008 SC 178  TIKA IQBAL MUHAMMAD KHAN  GENERAL PERVEZ MUSHARAF & OTHERS
LET. GEN (R) SALAHUDDIN TIRMIZI
ELECTION COMMISSION OF PAKISTAN

3 comments

  1. […] of the military and Corps Commanders, President Musharraf declared an emergency by exercising Article 232 of the Constitution of Pakistan to deal with the menace of extremism and […]


  2. […] of the military and Corps Commanders, President Musharraf declared an emergency by exercising Article 232 of the Constitution of Pakistan to deal with the menace of extremism and […]


  3. […] of the military and Corps Commanders, President Musharraf declared an emergency by exercising Article 232 of the Constitution of Pakistan to deal with the menace of extremism and […]



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