President imposes emergency, governor’s rule in KP; CM, cabinet shown the door

ISLAMABAD: President Asif Ali Zardari on Sunday imposed an emergency in Khyber Pakhtunkhwa under Articles 232(1) and 234(1) of the Constitution, citing a surge in terrorist attacks, a deteriorating law and order situation and the provincial government’s alleged failure to tackle terrorism effectively.

The move places the KP governor in charge of provincial affairs under Article 234(1) of the Constitution, effectively bringing the province under what is commonly referred to as governor’s rule. Under this arrangement, the governor may assume all or some functions of the provincial government as directed by the federal government, while the powers of the provincial assembly may be exercised by Parliament or under its authority, as provided in the proclamation.

According to the presidential proclamation, the emergency has come into force with immediate effect, while the federal government will be able to direct the governor of Khyber Pakhtunkhwa to assume all or some functions of the provincial government.

The proclamation states that “the chief minister, provincial ministers, advisers, special assistants and advocate general will immediately leave their offices.”

It also says that “the powers of the KP Assembly will be exercised by Parliament or under its authority, while other provincial institutions and authorities will exercise their powers in accordance with directions issued by the federal government.”

The president’s decision follows a recommendation by the federal cabinet, which reviewed the province’s security situation and expressed concern over what it described as the provincial government’s deliberate disengagement from the fight against terrorism.

Security situation cited as grounds for emergency

The presidential proclamation said the growing number of terrorist attacks and the deteriorating law and order situation in KP had created serious risks to the lives and property of citizens.

It noted an increase in attacks on government installations, critical infrastructure and law enforcement agencies, describing the escalation in terrorist violence as an extraordinary threat.

The proclamation also accused the provincial government of failing to demonstrate the commitment and take the necessary measures required to effectively counter terrorism and lawlessness.

It further referred to a report by the KP governor that identified a breakdown of constitutional machinery in the province and indicated that the provincial government was unable to function in accordance with the Constitution.

In view of the gravity of the situation, President Zardari considered immediate constitutional intervention necessary, the proclamation said.

Federal government to assume provincial functions

Under the proclamation, the federal government may direct the governor of KP to assume all or some functions of the provincial government.

The governor will be able to perform the provincial government functions assigned by the federal government. Other powers held by provincial institutions and authorities may also be exercised by the governor in accordance with federal directions.

The proclamation further states that the powers of the KP Assembly will be exercised by Parliament or under its authority.

Federal govt appoints Dr Fakhr Alam Irfan as KP chief secretary

Meanwhile, the federal government on Sunday appointed Grade 22 Pakistan Administrative Service officer Dr Mohammad Fakhr Alam Irfan as the chief secretary of Khyber Pakhtunkhwa, with immediate effect.

According to a notification issued on October 11, Dr Irfan, who was previously serving as secretary of the Power Division at the Ministry of Energy, will hold the position until further orders.

Dr Irfan belongs to Mardan district of Khyber Pakhtunkhwa.

His appointment comes as the president imposed an emergency emergency in KP under Articles 232(1) and 234(1) of the Constitution.

The measures mark a major constitutional intervention in the affairs of the PTI-governed province, placing key provincial executive functions under federal direction.

Earlier, the federal cabinet had recommended imposing an emergency in Khyber Pakhtunkhwa under Articles 232 and 234 of the Constitution, citing the deteriorating law and order situation and what it described as the provincial government’s deliberate disengagement from the fight against terrorism.

According to a statement issued by the Prime Minister’s Office, the cabinet, chaired by Prime Minister Shehbaz Sharif, was briefed on the security situation in the province and reviewed the worsening threat posed by terrorism.

The cabinet had advised the prime minister to recommend that President Asif Ali Zardari invoke his constitutional powers to impose an emergency in KP in view of the gravity of the situation.

The prime minister’s advice had been sent to the Presidency, the statement said.

What do Articles 232 and 234 say?

The federal government had advised the president to invoke Articles 232 and 234 of the Constitution to intervene in Khyber Pakhtunkhwa amid worsening security concerns and rising political tensions with the Pakistan Tehreek-e-Insaf (PTI)-led provincial government.

Article 232 provides for “the proclamation of an emergency when Pakistan’s security, or that of any part of the country, is threatened by war, external aggression or internal disturbance beyond the control of a provincial government. Article 234, meanwhile, deals with a situation in which the government of a province cannot be carried on in accordance with the Constitution, providing the basis for what is commonly known as governor’s rule. “

Under Article 232, the president may proclaim an emergency if satisfied that a grave threat to the security of Pakistan or any part of the country has arisen from war, external aggression or internal disturbance beyond the control of the provincial government.

For an emergency based on internal disturbance beyond a provincial government’s ability to maintain control, the Constitution requires a resolution from the provincial assembly concerned. If the president acts without such a resolution, the proclamation must be placed before both houses of Parliament for approval within 10 days.

An emergency under this provision expands the federal government’s authority over the province. Parliament can legislate on provincial matters outside the Federal Legislative List, while the federal government can issue directions concerning the exercise of provincial executive authority.

The Constitution also allows the federal government, through an order issued during an emergency, to assume certain functions of the provincial government or direct the governor to exercise them on its behalf. The powers of the provincial assembly are not automatically transferred to Parliament under Article 232 alone.

Article 234: Governor’s rule

Article 234 addresses a different constitutional situation: the failure of the machinery of government in a province.

Under this provision, the president may issue a proclamation if, on receiving a report from the provincial governor, the president is satisfied that the provincial government cannot be carried on in accordance with the Constitution.

The president may assume some or all functions of the provincial government or direct the governor to exercise those functions on the president’s behalf. The president may also provide for the powers of the provincial assembly to be exercised by or under the authority of Parliament. The provision does not, however, authorise the president or governor to assume the powers of a high court or suspend constitutional provisions relating to high courts.

Unlike Article 232, Article 234 does not require a resolution from the provincial assembly. A proclamation under Article 234 must be placed before a joint sitting of Parliament and will cease to operate after two months unless approved by a resolution of the joint sitting. It may be extended through further resolutions, but cannot remain in force for more than six months.

The two provisions therefore offer distinct constitutional mechanisms: Article 232 addresses a grave security emergency, while Article 234 concerns the inability to run a provincial government in accordance with the Constitution. Any move to invoke either provision would have to meet its respective constitutional requirements.

Earlier, Prime Minister Shehbaz Sharif on Sunday vowed not to allow Pakistan Tehreek-e-Insaf (PTI) supporters to enter Islamabad as part of their long march, accusing the party and the Khyber Pakhtunkhwa (KP) government of failing to cooperate with the federal government in tackling terrorism, while maintaining that the government remained ready for dialogue.

Addressing a federal cabinet meeting, the prime minister questioned whether the PTI-led KP government would continue to remain a silent spectator as terrorist attacks increased in the province, saying the law would take its course and he would not allow a repeat of what he described as attempts to disrupt the country.

“They have now planned an attack on Islamabad,” Shehbaz said, referring to the PTI’s long march towards the federal capital.

He questioned whether the KP government intended to repeat the same course of action and said the march would not be allowed to enter Islamabad.

The prime minister said the federal government, along with the Pakistan People’s Party (PPP), had sent a delegation to engage with the PTI leadership, indicating that the government had made efforts to resolve political differences through talks.