(3) Every Order made under this Article shall, as soon as may be, be laid before 1[both
Houses of MajliseShoora (Parliament) separately] for approval2 and the provisions of
clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a
Proclamation of Emergency.
234. Power to issue Proclamation in case of failure of constitutional machinery in a
Province. (1) If the President, on receipt of a report from the Governor of a Province 3* * 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 4[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, any body or authority in the
Province, other than the Provincial Assembly;
(b) declare that the powers of the Provincial Assembly shall be exercisable by, or
under the authority of, 5[MajliseShoora (Parliament)]; and
(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 any body or authority in the Province:
Provided that nothing in this Article shall authorize 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.
(2) The Provisions of Article 105 shall not apply to the discharge by the Governor of his
functions under clause (1).
(3) 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 and may by like resolution be
extended for a further period not exceeding two months at a time; but no such Proclamation
shall in any case remain in force for more than six months.
1 Subs. the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 87 for "a Joint Sitting".
2 For the Order issued on 2851998 suspending of Fundamental Rights, (See Notifications No. 73/98Min. I, dated 2851998. Gaz. of Pak., 1998, Part I, Page 31).
The joint sitting passed the following resolution on the 6th September, 1973 :
That the joint sitting approves under clause (7) of Article 232 of the Constitution, read with clause (3) of Article 233 thereof, the President's Order of the 14th August, 1973, made under
clause (2) of the said Art. 233 and the continuance in force of the said Order for the period of six months following the expiration of the period mentioned in paragraph (a) of the said
clause (7) of Art. 232.
For resolution approving the continuance in force of the President's Order of the 14th August, 1973, for a further period of six months, .see Gaz. of Pak., 1974. Ext., Pt. III, p. 343.
The joint sitting passed the following resolution on 1061998.
"That the joint sitting approves the Order made by the President on the 28th May, 1998, under clause (2) of Article 233 of the Constitution." see Gaz. of Pak. 1998. Part Ill, p. 647.
3 The words "or otherwise" omitted by Act No. 10 of 2010, s. 88.
4 Subs. ibid., for "at a joint sitting".
5 Subs. by the Revival of Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985).
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