Emergency Provisions
232.
(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.
(2) Notwithstanding anything in the
Constitution, while a Proclamation of
Emergency is in force,
(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
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.
(3) The power of [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 [Majlis-e-Shoora (Parliament)]
which [Majlis-e-Shoora (Parliament)] has
under this Article power to make, the Act of
[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 of [Majlis-e-Shoora
(Parliament)] continues to have effect, be
void.
(5) A law made by [Majlis-e-Shoora
(Parliament)], which [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 in competency, 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, [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
(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.
233.
(1) 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 in
competency, 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.
(2) While a Proclamation of Emergency is in
force, the President may, by 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.
(3) Every Order made under this Article
shall, as soon as may be, be laid before a
joint sitting 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.
234.
(1) If the President, on receipt of a report
from the Governor of a Province or
otherwise, 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 at a joint sitting 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, [250][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
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.
(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 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.
(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 [Majlis-e-Shoora
(Parliament)], it shall be competent-
(a) to [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 [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
authorizing the conferring of powers and the
imposition of duties, upon the Federation,
or officers and authorities thereof;
(c) to the President, when [Majlis-e-Shoora
(Parliament)] 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 [Majlis- e- Shoora
(Parliament)] in joint sitting; and
(d) to [Majlis-e-Shoora (Parliament)] in
joint sitting by resolution to sanction
expenditure authorized by the President
under paragraph (c).
(6) Any law made by [Majlis-e-Shoora
(Parliament)] or the President which [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 incompetence,
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.
235.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
236.
(1) A Proclamation issued under this part
may be varied or revoked by a subsequent
Proclamation.
(2) The validity of any Proclamation issued
or Order made under this Part shall not be
called in question in any court.
237.
Nothing in the Constitution shall prevent [Majlis-e-Shoora
(Parliament)] 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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