← Previous Next →

Article 234. Power to issue Proclamation in case of failure of Constitutional machinery in a

Province.__

  1. If the President, on receipt of a report from the Governor of a Province 2[* *] is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed 2 [by each House separately] shall, by Proclamation,__
    1. 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;
    2. declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, ; and
    3. make s[4]uch 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:

1 The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide see Gaz. of Pak., 1973, Ext., Pt. I. p. 602, has been rescinded by S.R.O. 1093(I)/74, dated the 14th August. 1974., see Gaz. of Pak. 1974, Ext. Pt. II, p. 1548. 2 Subs. and omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 87-88. [3] (7) of Article 232 of the Constitution, read with clause (3) of Article 233 thereof, the President's Order of the 14th August, 1973, made under clause (2) of the said Art. 233 and the continuance in force of the said Order for the period of six months following the expiration of the period mentioned in paragraph (a) of the said clause (7) of Art. 232.” For resolution approving the continuance in force of the President's Order of the 14th August, 1973, for a further period of six months, see Gaz. of Pak.,

Annotations (1)
  • cross_ref [3] Order issued on 28-5-1998 suspending of Fundamental Rights, (See Notifications No. 7-3/98-Min. I, dated 28-5-1998. Gaz. of Pak., 1998, Part I, Page 31). The joint sitting passed the following resolution on the 6th September, 1973:__ “That the joint sitting approves under clause
  • Permalink: http://laws.alianwaar.com/constitution/234

    ← 233 235 →