The federal government is considering a combination of constitutional measures to address the worsening political and security situation in Khyber Pakhtunkhwa, rather than immediately opting for either Governor’s Rule or a state of emergency, according to government sources.
Sources said the Centre was examining a range of constitutional options to deal with the deteriorating situation in the province. A key meeting between President Asif Ali Zardari and Prime Minister Shehbaz Sharif is also expected to discuss the matter.
According to a private television channel, when asked whether the government was moving towards imposing an emergency or Governor’s Rule in KP, sources said the prevailing circumstances had met the conditions required for considering both measures.
Sources said the federal government could formulate a “constitutional cocktail” by combining different provisions to develop a strategy suited to the situation.
The federal government has already stated publicly that the options of imposing an emergency under Article 232 and Governor’s Rule under Article 234 are under consideration.
Federal Minister for Parliamentary Affairs Tariq Fazal Chaudhry recently said the government was seriously considering imposing an emergency over what he described as the provincial government’s failure to control terrorism.
Similarly, Federal Law Minister Azam Nazeer Tarar said Governor’s Rule or a state of emergency could be imposed if circumstances warranted such action under the Constitution.
However, sources said the federal government had decided to give the Pakistan Tehreek-e-Insaf leadership an opportunity to reconsider its confrontational political approach and its planned protest march.
Rising tensions between Centre and KP
The development comes amid growing tensions between the PTI-led KP government, the federal government and the establishment. The deteriorating law-and-order situation in the province, coupled with PTI’s announced protest march towards Islamabad on October 4, has further intensified the political confrontation.
The federal government maintains that the provincial machinery is being used for political confrontation with the Centre instead of focusing on its constitutional responsibilities.
Articles 232 and 234 explained
Under Article 232 of the Constitution, an emergency may be proclaimed in the country or a province in circumstances involving war, external aggression or internal disturbance beyond the control of the provincial government. The provincial assembly is not automatically suspended under this provision.
Article 234, meanwhile, applies when the constitutional machinery of a province is deemed to have broken down. Its invocation can lead to Governor’s Rule, with the powers and functions of the provincial assembly subject to constitutional provisions.
The use of the term “constitutional cocktail” by government sources suggests that the Centre may be considering a combination of measures rather than relying exclusively on a single constitutional provision.
Legal and political implications
The consideration of multiple constitutional options highlights the sensitivity of the situation and the potential legal and political repercussions, particularly concerning provincial autonomy.
Any move to suspend or curtail the functioning of the provincial assembly could face legal challenges and further intensify political tensions in the province. An emergency under Article 232, on the other hand, would have different constitutional consequences while leaving the provincial assembly in place.
With political confrontation and security concerns continuing to escalate, the federal government faces a difficult constitutional and political challenge. Any decision to invoke extraordinary constitutional measures could further deepen tensions between the Centre and the province.