Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art.l---Republic of Pakistan---Pakistan is an Islamic Republic having Federal character with a clear, division and demarcation of powers between the Federation and the Federating Units wherein Federation cannot claim any ascendency over its units. (b) Constitution of Pakistan (1973)--- ----Arts. 234 & 1---Proclamation---Constitutional breakdown---Powers of Federation---Scope. Although the division of powers between the Federation and its units must yield to supreme interest of unity and solidarity of Federation and in the event of emergency or calamity like Constitutional breakdown, Federation must possess the necessary power to intervene but this power, besides being drastic, constitutes an inroad into the Provincial autonomy and if not properly used, can destroy equilibrium between the Federation and the Federating Units which, besides leading to serious repercussions, also causes sense of deprivation in the Units which is not healthy for a Federation. When a Proclamation of emergency is enforced, the Federal character of a polity gets transformed into one of unitary form and the National Government becomes the paramount and supreme authority within the country. Fundamental Law of Pakistan by A.K.Brohi, First Edn., 1958, p.277 and Law of the Constitution by A. V. Dicey, 10th Edn., p.151 ref. (c) Constitution of Pakistan (1973)--- ----Art. 234---Article 234, Constitution of Pakistan (1973), deals with Constitutional emergency. Under Constitution of Pakistan (1973), the Federation has been granted power to intervene in the event of emergency which may be physical, fiscal or Constitutional in nature. Article 234 of the Constitution deals with such kind of emergency. Pir Sabir Shah v. Federation of Pakistan PLD 1994 SC 738 and H.M. Seervai on Constitutional Law of India, 3rd Edn., Vo1.2, p.2628, para.29.22 ref. (d) Constitution of Pakistan (1973)--- ----Art. 234---Provision of Art.234, Constitution of Pakistan which is in the nature of an exception, must be used sparingly and strictly construed. (e) Constitution of Pakistan (1973)--- ----Arts. 234 & 58(2)(b)---Powers of President to issue Proclamation and to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492