ISLAMABAD: The federal government’s decision to take two-pronged constitutional action in Khyber Pakhtunkhwa will not only render the provincial chief executive and legislature ‘dysfunctional’, but may also allow it to extend this state of affairs ‘indefinitely’.

Soon after the federal government’s announcement, Law Minister Azam Nazeer Tarar told a press conference that the emergency was enforced for an indefinite period, not merely six months.

The president’s decisions under Articles 232 and 234 of the Constitution will now be endorsed by separate sessions of the Senate and the National Assembly, and a joint sitting of both houses. Article 234 of the Constitution of Pakistan stipulates that, if the president believes that a provincial government cannot function in accordance with the Constitution, the federal government can assume control of the province.

This can be done either directly or by assigning the relevant functions to the provincial governor — hence the term governor’s rule.

Govt may be able to extend it ‘indefinitely’; move will have to be endorsed by parliament

Under this arrangement, the powers of the provincial assembly can be exercised by parliament. However, neither the president nor the governor can assume the powers of the high court or suspend its operations.

Moreover, governor’s rule can be imposed for an initial period of two months, with a joint sitting of parliament able to approve an extension of up to two months at a time.

In total, governor’s rule can remain in place for a maximum of six months.

Meanwhile, under Article 232, which pertains to the proclamation of an emergency, the provincial assembly continues to function as usual. However, if a provincial law conflicts with a federal law enacted by parliament, the latter takes precedence.

Talking to Dawn, lawyer Basil Nabi Malik explained that the chief minister would remain in office during a state of emergency. However, the federal government could assume certain functions of the provincial government.

An emergency also allows the federal government to make provisions it considers necessary and suspend certain constitutional provisions relating to provincial bodies. However, as with governor’s rule, the federal government cannot assume the powers of a high court.

It also empowers parliament to confer powers and impose duties on federal government officers in the province.

It further stipulates that laws passed by parliament solely on account of the emergency will cease to have effect six months after the emergency ends.

The proclamation of emergency lapses after two months unless it is approved by a resolution of a joint sitting of parliament.

Pakistan Institute of Legislative Development and Transparency Ahmed Bilal Mehmoob told Dawn that invoking both articles of the Constitution together was an unprecedented move by the federal government.

In his view, this double-barrelled approach was deliberate, since Article 232 alone did not render the provincial assembly dysfunctional.

“In that case, the provincial assembly continues to function but cannot enact any law which contradicts federal legislation. If the provincial assembly continues to work, it can create a nuisance for the governor and his new provincial set-up,” he added.

However, Article 234 can be enforced for an indefinite period, and also serves to neuter the provincial assembly. “This was the reason the Centre used both articles in proclamation of emergency in KP,” he added.

The Pildat chief, however, noted that under Article 234, the provincial assembly will automatically become functional after six months.

Published in Dawn, October 12th, 2026