Sunday 13 December 2015

Authority of Federal and Provincial Gov't, in case of Internal Disturbances.

As per Article 147 of the constitution of Pakistan, the Government of a Province may, with the consent of the Federal Government, entrust, either conditionally, or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends.

Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.

Here the question arises about the bill in Sindh assembly session for the authority of Rangers in Sindh, that;

1. Government of Sindh had entrusted the functions with the consent of the Federal Government?

2. The federal government has accepted the trust either conditionally or unconditionally?

3. If the Sindh government has not yet entrusted the matter to the federal government than what will be rectified by the Sindh assembly?

In matter of fact, the federal government has authority under article 148. (3) To protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.

Furthermore, the federal government has authority under article 149. (4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity or economic life of Pakistan or any part thereof.

Therefore, in the light of article 147, 148, 149 of the constitution of Pakistan, a provincial government has authority over federal government or a federal government has authority on the provincial government, in case of internal disturbances, to decide the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity or economic life of Pakistan or any part thereof?

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