h1

Article: 234 Power to issue Proclamation in case of failure of Constitutional machinery in a Province

 

234.  Power to issue Proclamation in case of failure of constitutional machinery in a Province.—(1)  If the President, on receipt of a report from the Governor of a Province 1[****], 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 1[by each House separately] shall, by Proclamation:–

(a)  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;

(b)  declare that the powers of the Provincial Assembly shall be exercisable by, or under  the authority of, 2[Majlis-e-Shoora (Parliament)]; and

(c)  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:

Provided that nothing in this Article shall authorise 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.

(2)  The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).

(3)  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.

(4)  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 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.

(5)  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 2[Majlis-e-Shoora (Parliament)], it shall be competent —

(a)  to 2[Majlis-e-Shoora (Parliament)] 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;

(b)  to 2[Majlis-e-Shoora (Parliament)] in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;

(c)  to  the President, when 2[Majlis-e-Shoora (Parliament)] is not in session, to authorise 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 2[Majlis-e-Shoora (Parliament)] in joint sitting; and

(d)  to 2[Majlis-e-Shoora (Parliament)] in joint  sitting by resolution to sanction expenditure authorised by the President under paragraph (c).

(6)  Any law made by 2[Majlis-e-Shoora (Parliament)] or the President which, 2[Majlis-e-Shoora (Parliament)] 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 effect 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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Footnotes:

1. Section 88(i)(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the words “or otherwise” from clause (1) of Art. 234 and also substituted the said words, in place of the words “at a joint sitting” therein, (w.e.f. April 19, 2010).

2.  See Footnote 2 on page 4.

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Comparative Table of Article 234 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
30(5-6)
Constitution of Pakistan 1956 :
193
Constitution of India 1950:
356
Government of India Act 1935:
45

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Leading & Latest Cases on Article 234 of the Constitution of Pakistan, 1973 :

P L D 1994 SC 738  PIR SABIR SHAH  FEDERATION OF PAKSITAN AND OTHERS
MIAN MANZOOR AHMED WATTOO
FEDERATION OF PAKISTAN & 3 OTHERS
P L D 1999 KARACHI 372  GHULAM NABI  PROVINCE OF SINDH AND OTHERS
syed JALAL MEHMOOD SHAH AND ANOTHER
FEDERATION OF PAKISTAN
P L D 1999 SC 57  SARDAR FAROOQ AHMED KHAN LEGHARI  FEDERATION OF PAKISTAN AND OTHERS
LET. GEN (R) SALAHUDDIN TIRMIZI
ELECTION COMMISSION OF PAKISTAN



 



 


 










 

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