Emergency Provisions

Q. Discuss the emergency provisions of the constitution with reference to

Article 232 of the constitution. (2003/S
Q. Discuss the v!rious "in#s of emergencies !n# in whom the power is
v!ste# un#er the constitution. (200$/S
%. &ntro#uction'
The president may proclaim state of emergency and make regulations accordingly.
emergency may arise all over the country or in a province or in a part of it. the president
is authorized to declare state of emergency for whole of the country or any part of the
country.
2. (elev!nt !rticle provisions'
Article 232 to 237 constitution of Pakistan.
3. Power to procl!im the emergency'
A proclamation of emergency is issued by the president. the president is the sole udge
of the situation and it is he who has to decide whether or not the proclamation would
issue.
). *in#s of Emerghcy'
!i" #mergency due to war$ e%ternal or internal disturbance.
!ii" #mergency due to the break down of constitution machinery.
!iii" &inancial emergency.
(i Emergency #ue to w!r+ E,tern!l or intern!l #istur-!nce'.
'hen there e%ists a grave emergency due to which the secrity of pakistan or any part
there of is threatned by war or e%ternal aggression by internal disturbance beyond the
power of provincial goyt to contorl. the president can declare the state of emergency.
Suspension of fun#!ment!l (ights'
(uring the emergency the fundamental rights can be suspended and the president is
empowered to declare that the right to move any court for the enforcement of such
suspended rights shall remain suspended for the period during which proclamation is
enforced.
(ii Emergency #ue to the /re!"#own of constitution!l 0!chinery'.
)n case the president is satisfied with the report of the *overnor concerned that a
situation has arisen in which the gote of the province can not be carried on in
accordance with the provisions of the consitiution. +e can proclaim an emergency.
(! Effect'
&ederal e%ecutive or federal legislature shall take over functions of provincial e%ecutive
and legislatyre.
(- Dur!tion of Emergency'
The duration of emergency is for the period of si%th months.
(c E,tension in perio#'
the president may e%tent theperiod of emergency for two months.
(# 1!w to ce!se !fter si,th months'
,aws made by the federal e%ecutive and federal legislature shall cease after si%th
months oo proclamation of emergency.
2!se 1!w
P.1.D. %334 l!h 35
-o constitution breakdown had been shown to e%ist in the province but resignations of
certain ministers and Advisors form the provincial cabinet were shown on the the record.
.uch circumstances could be considered to constitute a situation in which the *ovt. of
the province could not run in accordance with the constitution and proclamation under
Artical 2/0 was not ustifiend.
(iii 6in!nci!l Emergency'
)n case the president is satisfied that a situation has arisenwhereby the economic life$
financial stability of credit of Pakistan$ or any part there of$ is threatened$ the may after
consulation with the *ovenor of the provinces or the case may be$ the governor of the
provinces concerned by proclamation a declaration to the effect$ and while such
proclamation is in force$ the e%ecutive authority of the federation shall e%tend to the
giving direction to any province to observe such principles of financial property as may
be specified in the direction as to the giving of such other directions as the president
deems necessary in the interest of economic life$ financial stability of credit of Pakistan
or any part there of.
$. (evoc!tion of Procl!m!tion'
The proclamation declared by the president may be varied or revolved by a subse1uent
proclamation.
7. S!fegu!r# to procl!m!tion'
The validity of any proclamation issued or order made under this part shall not be called
in 1uestion in any court.
2!se 1!w
P.1.D %344 *!r. 70)
)t was held that president2s power to issue proclamation or revoke proclamation of
emergency is not open to udicial review.
7. Parliament may make laws of indemnity3
Parliament may$ however pass a law indemnfying any person in service of the federal or
provincial *ovt$ for any act done in connection with the maintenance or restoration of
order in any part in Pakistan.
4. 5onclusion6
To conclude ) can say that the emergency provisions would come into operation in the
case of war$ internal$ e%ternal disturbance$ failure of constitutional machinery in a
province and financial and economic instability. the president of Pakistan is empowered
to declare the state of emergency. he can also revoke or vary the emergency.