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| Governor’s rule imposed in Punjab as Sharif brothers disqualified |
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Thursday, February 26, 2009
Zardari invokes Article 234 on advice of PM
By Shakil Shaikh
ISLAMABAD: Amid growing political uncertainty President Asif Ali Zardari on Wednesday imposed governor’s rule in the Punjab for a period of two months.
The president issued the proclamation of governor’s rule in the Punjab on the advice of Prime Minister Yousuf Raza Gilani and after receiving reports from the Punjab governor and other information.
The president invoked Article 234 under Part X (Emergency Provisions), which he felt was essential because of the situation in which the government of the province of the Punjab could not be carried on in accordance with the provisions of the Constitution.
Following the unseating of Shahbaz Sharif as member of the provincial assembly under the disqualification verdict, President Zardari was advised by the prime minister and Governor Punjab Salmaan Taseer to invoke Article 234 and impose governor’s rule. The apex court in the same ruling has also disqualified Nawaz Sharif.
Under this proclamation, it is presumed that the constitutional machinery has failed in the province and the president is satisfied that the government of the province cannot be carried on in accordance with the provision of the Constitution. Now, Salmaan Taseer will call shots in the Punjab.
The president took the decision hours after the Supreme Court’s decision of disqualifying the Sharif brothers. The proclamation reads as follows:
"WHEREAS I, Asif Ali Zardari, President of the Islamic Republic of Pakistan, on receipt of report from the Governor of the Punjab and other information made available, am satisfied that the situation has arisen in which the Government of the Province of the Punjab cannot be carried on in accordance with the provisions of the Constitution.
"AND WHEREAS an unprecedented and unique constitutional void has been created in the Province consequent upon the decision of the Hon'ble Supreme Court of Pakistan on 25 February 2009 in the matter of disqualification/unseating of Mian Shahbaz Sharif as Member of Provincial Assembly.
"Now, THEREFORE, in exercise of the powers conferred by Article 234 of the Constitution of the Islamic Republic of Pakistan, I hereby -
a) "Direct the Governor of the Punjab to assume on my behalf the functions of the Government of that Province;
b) Make the following incidental and consequential provision which appear to be necessary or desirable for giving effect to the objects of this Proclamation:-
i) the Chief Minister and Provincial Ministers of that province shall forthwith cease to hold office;
ii) in the exercise of the functions which the Governor has been directed to assume hereinbefore stated, the Governor shall act to such extent and subject to such conditions as I shall, from time to time, deem fit to give or impose.
"This Order shall, unless revoked earlier, remain in force for a period of two months".
Signed
Asif Ali Zardari
President
Article 234 (3) provides procedure for extension in governor’s rule for two months. But in any case "no such proclamation shall in any case remain in force for more than six months."
It says: "A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such proclamation shall in any case remain in force for more than six months.
Following is the text of Article 234 of the Constitution: "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 or otherwise, 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 at a joint sitting shall, by Proclamation,
(a) 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, any body or authority in the Province, other than the Provincial Assembly;
(b) declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, [250] [Majlis-e-Shoora (Parliament)]; and
(c) make such 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:
Provided that nothing in this Article shall authorise the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.
(2) The Provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
(3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months.
(4) Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration or that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.
(5) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of [250] [Majlis-e-Shoora (Parliament)], it shall be competent-
(a) to [250] [Majlis-e-Shoora (Parliament)] in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;
(b) to [250] [Majlis-e-Shoora (Parliament)] in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;
(c) to the President, when [250] [Majlis-e-Shoora (Parliament)] is not in session, to authorise expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by [250] [Majlis-e-Shoora (Parliament)] in joint sitting; and
(d) to [250] [Majlis-e-Shoora (Parliament)] in joint sitting by resolution to sanction expenditure authorised by the President under paragraph (c).
(6) Any law made by [250] [Majlis-e-Shoora (Parliament)] or the President which [250] [Majlis-e-Shoora (Parliament)] or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things done or omitted to be done before the expiration of the said period."
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ISSN 1563-9479 
