The Constitution of Pakistan of 1973 includes provisions for emergency situations under

certain conditions. These provisions allow the government to take extraordinary measures in
response to threats to national security, public order, or the integrity of the country. Below are
the key emergency provisions in Pakistan's Constitution of 1973, along with real examples:

1. Emergency Provisions Under Part XII (Articles 232–237)

Article 232: Proclamation of Emergency

This article allows the President of Pakistan to proclaim a state of emergency if the country faces
a situation of war, external aggression, or internal disturbance. A declaration of emergency must
be made if the security of Pakistan or any part of it is threatened.

 Conditions: The President can declare an emergency if the country faces war, external
aggression, or internal disturbance. The emergency can be declared either for the whole
country or in a specific area.
 Approval: Once declared, the proclamation of emergency must be ratified by the
National Assembly within a specified period (usually two days). If the Assembly is not in
session, the proclamation must be approved by both houses of the Parliament within 10
days.

Real Example:

 1977 Martial Law: On July 5, 1977, General Zia-ul-Haq declared martial law,
suspending the Constitution of 1973. The move was ostensibly in response to political
unrest and allegations of rigging in the general elections held earlier in 1977, leading to
civil disobedience and widespread protests. Although martial law was not officially
termed as an "emergency" under Article 232, it served as an example of the state using
extraordinary measures to handle internal disturbance.
 2007 Emergency Declaration: On November 3, 2007, General Pervez Musharraf,
who was also the President at the time, declared a state of emergency. He cited threats to
the security of Pakistan and the judiciary as the primary reasons. The emergency
declaration suspended parts of the Constitution, dissolved the provincial assemblies, and
curtailed the powers of the judiciary. This was in response to the growing tension
between the executive and the judiciary, especially after the Supreme Court began
hearings on the legality of Musharraf's re-election while holding the post of Chief of
Army Staff.

2. Article 233: Proclamation of Emergency in the Provinces

 This article allows the Governor of a province to declare a state of emergency in that
province in case of a breakdown of constitutional machinery. This provision is only valid
if the province's government is unable to function due to internal disturbance or an
emergency situation.

Real Example:
  Balochistan (2008): The provincial government of Balochistan faced serious internal
disturbances and insurgency in 2008. Although a full emergency was not declared under
Article 233, the government used various security measures to control unrest and
maintain order in the province, which reflected the application of emergency provisions
at a provincial level.

3. Article 234: Power of the President to Proclaim Emergency in a Province

 This article permits the President of Pakistan to assume control over a province if the
Governor fails to do so or if the President feels the situation in the province is beyond the
capacity of the provincial government to manage. This article also empowers the
President to make laws that may temporarily override the provincial laws.

Real Example:

 1980s - Federal Control over Sindh: In the 1980s, Sindh province witnessed severe
civil unrest due to ethnic and political conflict. In response to deteriorating law and order,
the federal government sometimes used its powers under Article 234 to intervene and
impose temporary regulations, including using the military to control violence.

4. Article 235: Power to Proclaim Emergency in Case of Failure of Constitutional

 This provision provides the President the power to take over any province if the
provincial government cannot function according to the Constitution or if it is not
complying with the constitutional provisions. The President may declare an emergency in
this context and take over control of the province.

Real Example:

 Balochistan (2000): In 2000, during the military coup of General Pervez Musharraf,
the federal government invoked Article 235 to dissolve provincial assemblies, including
that of Balochistan. This was part of Musharraf's broad measures to consolidate control
over the country and ensure national unity.

5. Article 236: Suspension of the Constitution During Emergency

 This article provides for the suspension of certain provisions of the Constitution
during an emergency, except for the key parts related to Islamic provisions and the
fundamental rights of individuals. The provisions suspended can include those dealing
with the powers of the government, judicial oversight, and other aspects of constitutional
governance.

Real Example:
  Martial Law (1977 and 1999): Martial laws declared in 1977 by General Zia-ul-Haq and
in 1999 by General Pervez Musharraf suspended the regular functioning of the
Constitution and basic democratic processes. While General Zia-ul-Haq ruled with
martial law from 1977 to 1985, Musharraf’s 1999 coup resulted in the suspension of the
Constitution until 2002 when elections were held under military oversight.

6. Article 237: Validation of Proclamations, Orders, and Acts during Emergency

 This article states that any proclamations, ordinances, orders, and other measures taken
by the President or the military government during an emergency will be validated unless
the Supreme Court decides otherwise.

Real Example:

 Zia-ul-Haq’s Regime: Many of General Zia-ul-Haq's actions, including his amendments

Conclusion

In practice, emergency provisions in Pakistan’s Constitution have been invoked multiple times,
particularly during periods of political instability or military coups. These provisions allow for
extraordinary actions to safeguard national integrity but have often been used to extend military
control and suspend democratic processes. For example:

 The 1977 military coup and martial law imposed by Zia-ul-Haq are often seen as a
consequence of such emergency provisions.
 Similarly, Musharraf's 2007 emergency declaration marked a significant moment in the
political history of Pakistan, highlighting how these constitutional provisions can be used
to suspend legal and judicial autonomy for political purposes.

These instances demonstrate how emergency powers have often been used in Pakistan as tools of
political consolidation, impacting the country's democratic processes and governance.