ISLAMABAD (Dunya News) - President Asif Ali Zardari has approved the imposition of an emergency and governor’s rule in Khyber Pakhtunkhwa under Articles 232(1) and 234(1) of the Constitution, according to an announcement issued by the President’s House on Sunday.
Pakistan’s political history shows that all four provinces have experienced governor’s rule or emergency measures under these constitutional provisions, at times amid tensions between provincial and federal governments and at others citing deteriorating law and order.
Historically, governor’s rule has been imposed three times each in Khyber Pakhtunkhwa, Punjab and Sindh, and four times in Balochistan. East Pakistan also experienced governor’s rule on two occasions. Emergency measures have been invoked at different points in the country’s history as well.
Under governor’s rule, the administrative powers of a provincial government may, for a limited period, be exercised by the president or through the governor acting as the president’s representative, subject to the relevant constitutional provisions.
The powers of a provincial assembly may also be transferred to Parliament, allowing the federal legislature to legislate on matters concerning the province where the Constitution permits such action.
However, the Constitution does not allow the powers of a provincial high court to be transferred to the president, the federal government or the governor.
The implications of the latest decision for Khyber Pakhtunkhwa will depend on the steps taken by the federal government under the constitutional framework.
Pakistan’s first major constitutional emergency
One of Pakistan’s earliest major constitutional emergencies was declared on October 24, 1954, when Governor General Malik Ghulam Muhammad announced an emergency across the country.
At the time, the measure was justified on the grounds that Pakistan was facing a political crisis and that the constitutional machinery was not functioning effectively.
Emergency provisions have since been invoked during different periods of the country’s political history, often amid disputes over governance, constitutional authority and security.