Emergency Provisions

Q. Discuss the emergency provisions of the constitution with reference to Article 232
of the constitution. (2003/S)

Q. Discuss the various kinds of emergencies and in whom the power is vasted under
the constitution. (2005/S)

1. Introduction:

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. Relevant article provisions:

Article 232 to 237 constitution of Pakistan.

3. Power to proclaim the emergency:

A proclamation of emergency is issued by the president. The president is the sole judge of the
situation and it is he who has to decide whether or not the proclamation would issue.

4. Kinds of Emergency:

(i) Emergency due to war, external or internal disturbance.

(ii) Emergency due to the breakdown of constitutional machinery.

(iii) Financial emergency.

(i) Emergency due to war, External or internal disturbance:-

When there exist a grave emergency due to which the security of Pakistan or any part thereof is
threatened by war or external aggression by internal disturbance beyond the power of
provincial government to control the president can declare the state of emergency.

Suspension of fundamental Rights:

During 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 fundamental
rights shall remain suspended for the period during which proclamation is enforced.

(ii) Emergency due to the Breakdown of constitutional Machinery:-

In case the president is satisfied with the report of the Governor concerned that a situation has
arisen in which the govt. of that province cannot be carried on in accordance with the
provisions of the constitution. He can proclaim an emergency.

(a) Effect:

Federal executive or federal legislature shall take over functions of provincial executive and
legislature.

(b) Duration of Emergency:

The duration of emergency is for the period of six months.

(c) Extension in period:

The president may extent the period of emergency for two months.

(d) Law to cease after sixth months:

Laws made by the federal executive and federal legislature shall cease after sixth months of
proclamation of emergency.

Case Law

P.L.D. 1997 lah 38

No constitutional breakdown had been shown to exist in the province but resignations of certain
Ministers and Advisors form the provincial cabinet were shown on the record. Such circumstances could
not be considered to constitute a situation in which the Govt. of the province could not run in accordance
with the constitution and proclamation under Article 234 was not justified.

(iii) 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 provinces concerned by
proclamation a declaration to the effect, and 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 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 thereof.

5. Revocation of Proclamation:

The proclamation declared by the president may be varied or revolved by a subsequent

proclamation.

6. Safeguard to proclamation:
The validity of any proclamation issued or order made under this part shall not be called in
question in any court.

Case Law

P.L.D 1977 Kar. 604

It was held that president's power to issue proclamation or revoke proclamation of emergency
is not open to judicial review.

7. Parliament may make laws of indemnity:

Parliament may, however pass a law indemnfying 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.

8. Conclusion;

To conclude I can say that the emergency provisions would come into operation in the case of
war, internal, external 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.