Governor’s rule in Balochistan: What is Article 234?

By Hadi Aziz Jan 14th, 2013 ( 1 Comment )

Islamabad: Pakistan’s Prime Minister on Sunday night dissolved the Balochistan Assembly and imposed Governor’s rule in the province, giving the powers of chief executive to Nawab Zulfiqar Magsi.

The whole process of imposing emergency in the province was done after exercising the article 234 of the Pakistan’s constitution. Following are the main points of the article.

What is Article 234?

Article 234 of the Constitution is the power to issue a proclamation in case of failure of the constitutional machinery of a province.

The Article states that if the president, on receipt of a report from the governor of a particular province, is satisfied that a situation has arisen in which the provincial government cannot carry out its work in accordance with the law and provisions of the Constitution, then the president may, or if a resolution on this behalf, is passed by each house separately, by proclamation the president can

(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, anybody 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.