Part X of the Constitution of the Islamic Republic of Pakistan is titled "Emergency Provisions.
"
This part, which includes Articles 232 to 237, grants the state extraordinary powers to deal with
situations that threaten the country's security, stability, or financial health.
The key provisions of this part are:
Proclamation of Emergency on account of war, internal disturbance,
etc. (Article 232)
● Grounds: The President can issue a Proclamation of Emergency if he is satisfied that a
grave emergency exists in which the security of Pakistan, or any part thereof, is
threatened by war, external aggression, or by internal disturbance beyond the power of a
Provincial Government to control.
● Parliamentary approval: The Proclamation must be laid before a joint sitting of
Parliament for approval. If not approved, it ceases to be in force.
● Effects: While a Proclamation of Emergency is in force, Parliament gains the power to
legislate on any matter, even those not on the Federal Legislative List. The President can
also suspend certain fundamental rights, but the right to move the Supreme Court for their
enforcement is not suspended unless a separate order is issued.
Power to suspend Fundamental Rights (Article 233)
● While a Proclamation of Emergency is in force, the President can, by order, declare that
the right to move any court for the enforcement of certain fundamental rights shall be
suspended. This power is subject to approval by Parliament.
Power to issue Proclamation in case of failure of constitutional
machinery in a Province (Article 234)
● Grounds: If the President, on a report from the Governor of a province, is satisfied that a
situation has arisen in which the provincial government cannot be carried on in
accordance with the provisions of the Constitution, the President can issue a
Proclamation.
● Effects: The President can assume the functions of the provincial government and
dissolve the Provincial Assembly. The Proclamation must be approved by Parliament and
has a limited duration, which can be extended by a resolution of Parliament.
Proclamation in case of financial emergency (Article 235)
● Grounds: If the President is satisfied that a situation has arisen whereby the economic
life, financial stability, or credit of Pakistan, or any part thereof, is threatened, he can issue
a Proclamation of Financial Emergency.
● Effects: This proclamation can give directions to the provinces to observe certain
principles of financial propriety and may require a reduction in the salaries and allowances
of all or any class of persons serving in connection with the affairs of the Federation or a
province.
Revocation of Proclamation (Article 236)
● A Proclamation issued under this part can be varied or revoked by a subsequent
proclamation. The validity of any such proclamation or order cannot be called into
question in any court.
In essence, Part X of the Constitution provides a legal framework for the executive to respond to
national crises, whether they are a threat to security, a breakdown of a provincial government, or
a financial emergency. However, these emergency powers are intended to be a last resort and
are subject to parliamentary oversight to prevent their misuse.
