ISLAMABAD - The federal government, after the expected verdict of apex court on Punjab elections, is set to exhaust all possible options to prove their stance right. Though Punjab caretaker Chief Minister Mohsin Raza Naqvi’s nod to conduct elections in the province has technically invalidated the intervention of federal government, yet the unusual tone and tenor of the federal government could be begging of a new political crisis in the country.
The heavyweights are not shy to start a new debate that the Shehbaz government has the option of declaring emergency in the country. The vague statements, in response to the queries of journos, have created doubts that the government may not hesitate to impose emergency. The political and constitutional experts argued that under which grounds the government can justify itself to declare emergency in the country.
The emergency in any province or part of the country is imposed with potential arguments including fiscal/economic emergency, security/law and order or political instability, etc. The government has to prepare a draft fit to the situation before taking a step to invoke unusual situation in any part of the country. The economic default like situation in the country could be a strong argument for the government to present at any stage in near future.
The experts viewed that the government in the current scenario is treading on a tight rope as the Prime Minister will also save himself from any contempt from the apex court. Keeping in view former prime minister Yusuf Raza Gilani’s bitter experience, the present premier might avoid taking any risk. However, the ruling party would move ahead with the consultation of allies before taking any unusual step. PPP Chairman Bilwal Bhutto and Interior Minister Rana Sana Ullah might have played bluff to make the current scenario more complex, they believed. Talking to this newspaper, Advisor to CM for Law and Parliamentary Affairs Kanwar Dilshad said that the government has no option but to conduct polls in Punjab.
“Imposing emergency is the power of President,” he said, citing article-234 of the Constitution, adding that the federal government has not politically played well. He said that the premier is avoiding to take any step which could cause contempt.
Other legal and constitutional experts stated that under the article-232 of the Constitution, ‘’If the President is satisfied that a grave emergency exists in which the security 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 can issue a proclamation of emergency”.
However, for imposition of emergency due to internal disturbances beyond the powers of a provincial government to control, a resolution from the Provincial Assembly of that province shall be required and mandatory before such action of the President. This requirement could be challenging for the federal government, if it decides to go ahead. In another situation, “if the President acts on his own without any reference of provincial government, such Proclamation of emergency shall be placed before both Houses of Parliament for the approval by each House within ten days”. Article 235 of the Constitution says, “If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consultation with the Governors of the provinces or, as the case may be, the Governor of the province concerned, by Proclamation would make a declaration to that effect,”. The experts believed that how the incumbent government will convince the President to take all these steps.