The federal government has decided to impose an emergency in Khyber Pakhtunkhwa, and sources say the move is likely to be approved by the federal cabinet tomorrow.
According to Article 232 of the Constitution, the President can declare an emergency in a province in the event of war or internal disturbances. Following the President’s proclamation, it must be presented to both houses of Parliament for approval within ten days.
During an emergency, Parliament will have the authority to legislate for a province or any part of it. Under Article 232, the executive authority of the federation will be extended to the extent that it can issue directions to a province regarding how its executive authority should be exercised.
Under Article 232, the federal government may, through an order, assume all or some of the functions of a provincial government. Alternatively, it may direct the governor to assume those functions. The federal government may also suspend constitutional provisions relating to any provincial institution or authority.
Under Article 232, the federation cannot assume any powers of a High Court. The provincial assembly’s legislative powers will not be restricted under this article. However, federal legislation will prevail over provincial legislation, and provincial laws that conflict with federal laws will become ineffective.
Meanwhile, Article 234 of the Constitution concerns the imposition of Governor’s Rule in the event of a failure of the constitutional machinery in a province. Under this provision, the governor submits a report to the President, and the President may proclaim Governor’s Rule if both houses of Parliament separately pass resolutions approving it.
Under Article 234, the President may assume all or some of the powers of the provincial government or assign them to the governor.
This article does not authorize the President to assume any powers of a High Court or transfer such powers to the governor.
Under this article, approval must be obtained from a joint sitting of Parliament after every two months. Governor’s Rule cannot remain in force for more than six months in total.
Also Read: KP Emergency Rule: Federal Government Moves Towards Key Decision
