h1

P L D 1972 SC 139

ASMA JILANI
V/S
GOVERNMENT OF THE PUNJAB AND ANOTHER
CONSTITUTION OF PAKISTAN (1973) ARTICLES 44, 49 & 232.

It is clear that under the Constitution of 1962, Field Marshal Muhammad Ayub Khan had no power to hand over power to anybody. Under Article 12 of the Constitution he could resign his office by writing under his hand addressed to the Speaker of the National Assembly and then under Article 16 as soon as the office of President fell vacant the Speaker of the National Assembly had to take over the acting President of the Country and an election had be held within a period of 90 days to fill the vacancy. Under Article 30, the President could also proclaim an emergency if the security or economic life of Pakistan was threatened by internal disturbances beyond the power of a Provincial Government to control and may be for the present purposes that he could also proclaim Martial Law if the situation was not controllable by the civil administration. It is difficult, however, to appreciate under what authority a Military Commander could proclaim Martial Law. [p. 185]

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