Friday, 14 August 2020

Emergency and its Kinds in Pakistan Constitution - Constitutional Law Notes LLB

Emergency and its Kinds in Pakistan Constitution - Constitutional Law Notes LLB

1) Preface

The president of Pakistan can proclaim emergency in the whole country or in any
province or any part of it and the president can make rules and regulations accordingly.
Under the constitution of Pakistan, the president is only the person who can declare
emergency.

2) Relay Articles

Article 232 to 237 constitution of Pakistan.

3) Definition of emergency

An emergency is a situation which includes 'some impending danger to the life of the
the nation in which a government is empowered to perform actions that it would normally
not be allowed to preserve the nation such as suspension of fundamental rights etc.

4) Power of proclamation the emergency

A proclamation of emergency is issued by the president. Only the president is the judge of
the situation and decides that whether proclamation to be the issue or not.

5) Armed forces under an emergency

Under Pakistan constitutional act of Pakistan, The Constitution does not envisage any
a situation where the Armed Forces can act without any direction by the Federal
Government of Pakistan.

6) Kinds of emergency

Following are the kinds of emergency, details are as under:
1. Emergency due to war, external or internal disturbance.
When there exists a serious emergency due to which the security of Pakistan or any part
of it is threatened by war or external violence or internal disturbance, in this case, the
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 powers of court for the enforcement of such suspended
rights shall be snatched during proclamation are enforced.
2. Emergency due to the breakdown of constitution machinery
In case the president is satisfied with the report of the Governor concerned that a
situation has arisen in which the gov't of the province cannot be carried on in
accordance with the provisions of the constitution. He can proclaim an emergency.
1. Effect
Federal executive or federal legislature shall take over functions of provincial executive
and legislature.
2. Duration of Emergency:
The duration of an emergency will be effected for the period of sixth months.
3. Extension in the period:
The president can extend the period of emergency for two months more.
4. Enforcement of laws
Laws made by the federal executive and federal legislature shall cease after sixth
months of the proclamation of emergency.
Case Law
P.L.D 1997 lah 38
No constitution breakdown had been shown to exist in the province but
resignations of some ministers and Advisors from the provincial cabinet were shown on
the record. Such circumstances could 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 204 was not justified.
3. Financial emergency.
If the President is satisfied that a situation has been arisen due to which the economic
life, financial stability of Pakistan, or any part of it, is in danger, the president can
proclaim emergency after consultation with the Governor of the Provinces, and when
such a Proclamation is in force, the executive authority of the Federation shall ask to
follow the directions which have been issued for the interest of the economic life,
financial stability or credit of Pakistan or any part of it.
 When a Proclamation is in force the President can 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 or Province.

7) Revocation of proclamation

The proclamation of emergency declared by the president can be cancelled by a
subsequent proclamation issued by the president.

8) Authenticity of proclamation

The validity of proclamation of an emergency issued under this article shall not be challenged in any court.
Case Law
It was held that the president's power to issue a proclamation or revoke proclamation
of emergency is not liable to judicial review.

9) Parliament may make the law of indemnity

However, parliament can pass a law indemnifying any person who is serving under
federal or provincial Government, for any act which is done in connection with the
maintenance or restoration of order in any part in Pakistan.

10) Preclude Remarks

To Preclude, we 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 the emergency by a subsequent
order.

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