Constitution of 1956

Part 11: Emergency Provisions

The Constitution provided special powers to the President, which were to be used in case of a grave emergency which the security or economic life of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control."

Part 11: Emergency Provisions

Article 191

(1) If the President is satisfied that a grave emergency exists in which the security or economic life of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency in this Article referred to as a Proclamation.

(2) While a Proclamation is in operation notwithstanding anything in the Constitution-

(a) Parliament shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal or the Concurrent List;

(b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority of the Province is to be exercised; and

(c) the President may by Order assume to himself to direct the Governor of a 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 Legislature, and 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 sub-clause (c) shall authorize 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.

(3) The Power of Parliament to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, of officers and authorities of the Federation, as respects that matter.

(4) Nothing in this Article shall restrict the power of a Provincial Legislature to make any law which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant to any provision of a Federal law, which Parliament has under this Article power to make, the Federal law, where passed before or after the Provincial law, shall prevail and the Provincial law, shall, to the extent of the repugnancy, but so long only as the Federal law continues to have effect, be void.

(5) A law made by Parliament which Parliament would not but for the issue of a Proclamation have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

(6) A Proclamation shall be laid before the National Assembly as soon as conditions made it practicable for the President to summon that Assembly, and if approved by the Assembly, shall remain in force until it is revoked, or if disapproved, shall cease to operate from the date of disapproval.

(7) A Proclamation declaring that the security of Pakistan or any part thereof is thereatened by war or external aggression may be made before the actual occurrence of war or any such aggression if the President is satisfied that there is imminent danger thereof.

Article 192

(1) While a Proclamation issued under Article 191 is in operation, the President may, by Order, declare that the right to move any court for the enforcement of such of the rights conferred by Part II as may be specified in the Order, and all proceedings pending in any court for the enforcement of the during emergency rights so specified, shall remain suspended for the period during which the Proclamation is in force.

(2) While a Proclamation issued under Article 191 is in operation, the President shall have power by Order to suspend the operation of the Proviso to clause (1) of Article 50

(3) Every Order made under this Article shall, as soon as may be, be laid before the National Assembly.

Article 193

(1) If the President, on receipt of a report from the Governor of a Province, 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 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 Legislature;

(b) declare that the powers of the Provincial Legislature shall be exercisable by, or under the authority of, Parliament;

(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 authorize 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) A Proclamation under this Article (not being a Proclamation revoking a previous Proclamation) shall be laid before the National Assembly, and shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by a resolution of the National Assembly, and may by a like resolution be extended for a further period not exceeding four months; but no such Proclamation shall in any case remain in force for more than six months:

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the National Assembly stands dissolved, or if the dissolution of the National Assembly takes place during the period of two months referred to in this clause, the Proclamation shall cease to operate at the expiry of thirty days from the date on which the National Assembly first meets after its reconstitution, unless before the expiration of the said period of thirty days, a resolution approving the Proclamation has been passed by that assembly.

(3) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Legislature shall be exercisable by or under the authority of Parliament, it shall be competent-

(a) to Parliament to confer on the President the power of the Provincial Legislature to make laws:

(b) to Parliament, or the President, when he is empowered under sub-clause (a), to make laws conferring powers and imposing duties, .or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;

(c) to the President, when the National Assembly is not in sessions, to authorize 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 Parliament;

(d) to the National Assembly by resolution to sanction expenditure authorized by the President under sub-clause (c)

(4) Any law made in exercise of the power of the Provincial Legislature by Parliament or the President, which 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 effect on the expiration of a period of six months after the Proclamation under this Article has ceased to operate, except as to things done or omitted to be done before the expiration of the said period.

Article 194

(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of Pakistan, or any part thereof, is threatened, he may after consultation with the Governors of the Provinces or with the Governor of the Province concerned, as the case may be, by Proclamation make a declaration to that effect, and while such a Proclamation is in operation, the executive authority of the Federation shall extend to the giving of directions to any Province to observe such principles of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary for the financial stability or credit of Pakistan or any part thereof.

(2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of a Province.

(3) While a Proclamation issued under this Article is in operation, the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the Federation, including the Judges of the Supreme Court and High Courts.

(4) The provisions of clause (2) of Article 193 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.

Article 195

(1) A Proclamation issued under this Part may be varied or revoked by a subsequent Proclamation.

(2) The validity of any Proclamation issued or Order under this Part shall not be questioned in any court.

Article 196

Nothing in the Constitution shall prevent Parliament from making any law indemnifying any person in the service of the Federal or a Provincial Government, or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in Pakistan where material law was in force, or validating any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

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Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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