Slapping governor’s rule - hurdles & reality

ISLAMABAD - Though the war of words between PTI and PDM is now considered normal routine, yet a new debate about imposition of governor’s rule has further created mist in the country.

With the dismissal of Hamza Shehbaz as the Punjab chief minister, the senior members from ruling party in centre [PML-N] hinted at imposing governor’s rule in Punjab.

Mainly Fawad Chaudhry from PTI and PML-N’s Rana Sanaullah are exchanging views about the possibilities of imposing governor‘s rule in the biggest province of the country.

It is yet unclear how the ruling party could make it possible to execute its ‘new move’ when the role of president is also involved in the imposition of an infamous rule.

Federal Minister for Interior Rana Sanaullah, without mincing words, has clearly warned of imposing governor’s rule in Punjab if he was restricted from entering the province [Punjab]. “I have already begun drafting a summary for the imposition of governor’s rule, which is moved by the interior ministry,” said the minister, in a presser, asserting if his entry was restricted, it will give grounds for governor’s rule.

Rana did not stop here and also argued the justification of imposing it in his recent tweet. “If the PM advises the governor raj, then the president has no prerogative, but has to follow it; it will be implemented after ten days,” Sanaullah said in his tweet.

In a response to the interior minister, PTI’s Fawad Chaudhry calls Sanaullah ‘crazy’, and advised him to first read how the governor’s rule could be imposed under Constitution. He claimed that the interior minister has no proper knowledge about the imposition of constitutional clauses in any province.

It may be noted here that the country has already witnessed a history of governor’s rule   in the past in the same province in a different political scenario.

The relevant rule [Article 234] for the imposition of governor’s rule suggests different perspectives.

According to the Article 234 [Power to issue Proclamation in case of failure of constitutional machinery in a Province], “If the President, on receipt of a report from the Governor of a Province is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed by each House separately shall, by Proclamation,”

“A: assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, anybody or authority in the Province, other than the Provincial Assembly;” It says.

“B: declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, Majlis-e-Shoora (Parliament);” it read.

“ C: make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to anybody or authority in the Province:

Provided that nothing in this Article shall authorise the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts,” it says.

“2. The Provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).  A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting,” It says.

Political and constitutional experts believe that the ruling party would take it as a last option to practically initiate work on imposition of governor’s rule in the Punjab.

 

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