Article 232 and Article 234: What the Constitution says about Emergency and Governor’s Rule?

Amid the deteriorating security situation, increasing terrorist incidents and growing tensions between the federal and provincial governments in Khyber Pakhtunkhwa, discussion has intensified over the possibility of imposing an emergency under Article 232 or Governor’s Rule under Article 234 of the Constitution.

Federal Minister for Parliamentary Affairs Dr Tariq Fazal Chaudhry has said that the federal government is seriously considering imposing an emergency in Khyber Pakhtunkhwa under Article 232.

According to him, the proposal is not being considered because of political differences, but because of the rising number of terrorist attacks and the deteriorating law and order situation in the province.

What is Article 232?

Article 232 deals with the proclamation of an emergency in cases of war, external aggression or such internal disturbance as is beyond the power of a provincial government to control.

Under the Constitution, if the President is satisfied that the security of Pakistan, or any part of the country, is threatened by war, external aggression or internal disturbance beyond the power of a provincial government to control, an emergency proclamation may be issued.

Under the current constitutional framework, an emergency in a province on the ground of internal disturbance also involves a requirement relating to a resolution of the concerned provincial assembly.

Where the President acts on his own initiative, the proclamation is required to be laid before both Houses of Parliament for approval.

What is Article 234?

Article 234 is commonly referred to as Governor’s Rule. It primarily concerns a failure of the constitutional machinery in a province.

Under this provision, if, after receiving a report from the governor, the President is satisfied that the government of a province cannot be carried on in accordance with the Constitution, the President may issue a proclamation and assume some or all of the functions of the provincial government, or direct the governor to exercise those functions on the President’s behalf.

The Constitution also gives Parliament a role concerning certain powers of the provincial assembly.