INTRODUCTION
The President during the period of emergency, exercises the most prestigious powers conferred by the Constitution to protect the solidarity of the country, and economic interest and to get nd of the financial crisis. The president is authorized to issue a proclamation of emergency for the whole of the country or any part of the country.
During emergency conditions, the federal powers extend even to provincial affairs and the fundamental rights may also be suspended. He can remove the proclamation of emergency when he feels that conditions have come to an end, which caused the issuance of emergency.
RELEVANT PROVISIONS
Articles, 232 to 237 of the 1973 Constitution of Pakistan are relating to emergencies.
KINDS OF EMERGENCY
- Emergency due to war external or internal disturbances
- Emergency due to the breakdown of constitutional machinery
- Financial Emergency
POWERS OF THE PRESIDENT TO PROCLAIM EMERGENCY
1. On Account of War & Internal Disturbances:
If President is satisfied that a grave emergency exists in which the Security of Pakistan or any part of Pakistan is threatened by war, external aggression, or internal disturbance beyond the power of the Provincial government, He may issue a proclamation of emergency.
However, for the imposition of an 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.
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. Power during Failure of Constitutional Machinery:
If the Constitutional and Governmental machinery in a Province breaks down, the President or joint sitting may proclaim an emergency.
- The effect of emergency under Article 234 is that Federal Executive and Federal Legislature shall take over the function of the Provincial Executive and Legislature.
- The effect of emergency under Article 234 is that High Courts are an exception.
- Emergency for an initial period shall be of 2 months, which may be extended by 2 months at a time by resolution of joint sitting.
- The maximum period of emergency is 6 months.
- Laws made by the Federal Executive and Federal Legislature shall cease after 6 months of the proclamation.
3. Financial Emergency:
In case the president is satisfied that a situation has arisen whereby the economic life, financial stability of credit of Pakistan, or any part thereof, is threatened, he may after consultation with the Governor of the provinces or the case may be, the Governor of the province concerned by proclamation a declaration to the effect.
While such proclamation is in force, the executive authority of the Federation shall extend to the giving direction to any province to observe such principles of financial property as may be specified in the direction.
4. Power to Suspend Fundamental Rights:
During an emergency, Articles 15, 16, 17, 18, 19, and 24 are suspended. Other fundamental rights may also be suspended through an order of the President approved by a joint sitting.
5. Power to move any Court:
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 and 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.
6. Approval of the Order:
Every Order made under this Article shall, as soon as may be, be laid before both Houses of Majlis-e-Shoora (Parliament) separately, for approval.
REVOCATION OF PROCLAMATION
- The proclamation of emergency may be varied or revoked by a subsequent proclamation.
- The validity of the proclamation cannot be challenged in any Court of law.
PARLIAMENT MAY MAKE LAWS OF INDEMNITY
Parliament may, however, pass a law indemnifying any person in service of the Federal or provincial Govt. for any act done in connection with the maintenance or restoration of order in any part in Pakistan.
CONCLUSION
It is concluded that when the country is facing internal or external threats, the President of Pakistan can proclaim an emergency in order to maintain the integrity of Pakistan. In emergency conditions, the Parliament shall have the power to make laws for any area of Pakistan and it may also assume the functions of the Provincial Government.
FAQs
What are the Constitutional grounds to impose an emergency in Pakistan and elucidate the powers of the President of Pakistan during the emergency period?
(2019-S)
Discuss various kinds of emergencies and in whom the power is vested under the Constitution.
(2018-S)
Under what circumstances Emergency can be proclaimed? What are the powers of the President during the emergency period? Discuss the relevant provisions of the Constitution.
(2017-S, 2016-S, 2015-A)
Discuss the constitutional provisions in relation to enforcement and suspension of Fundamental Rights.
(2016-A)
How the fundamental rights can be suspended under the Constitution? Discuss Article 232 in this regard.
(2013-A)
Discuss the various kinds of emergencies under the constitution of Pakistan.
(2010-S, 2010-A)
Fundamental rights cannot be suspended, yet there are occasions where the Constitution itself provides for the suspension of certain fundamental rights. Discuss.
(2008-S)
