Emergency in KP? What Article 232 allows the president to do

The federal government has decided to impose an emergency in Khyber Pakhtunkhwa (KP), with sources indicating that the federal cabinet is likely to approve the move on Sunday. The proposed measure comes amid growing concerns over the province’s security situation and political tensions.

According to sources, the federal government has agreed to impose an emergency in the province. The move would be taken under Article 232 of the Constitution, which allows the president to proclaim an emergency in a province in cases of war or internal disturbance, subject to the constitutional requirements.

Under Article 232, the president’s emergency proclamation must be presented to both houses of Parliament for approval within 10 days. Once an emergency is imposed, Parliament can legislate on matters concerning the province or any part of it.

Unlike Article 232, Article 234 deals with a situation in which the constitutional machinery of a province fails to function in accordance with the Constitution.

Under Article 234, the governor may submit a report to the president regarding the failure of the provincial constitutional system. The president can then proclaim an emergency if satisfied that the provincial government cannot be carried on in accordance with the Constitution. The provision also sets out a parliamentary approval mechanism involving resolutions passed by both houses.

Under this article, the president may assume some or all of the provincial government’s functions or direct the governor to exercise those powers.

However, Article 234 does not allow the president to assume the powers of a provincial High Court or transfer those powers to the governor.

The constitutional provision also requires parliamentary approval through a joint sitting every two months for the continuation of governor’s rule. Its duration cannot exceed six months in total.

The proposed emergency in Khyber Pakhtunkhwa would therefore raise important constitutional questions about the extent of federal authority, the provincial government’s functions and the role of Parliament in approving and overseeing emergency measures.