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JUI-F asks the Senate to revoke KP governor's rule

Senator Kamran Murtaza's resolution says the KP governor rule proclamation lacks the president's constitutional satisfaction under Article 232 and should be revoked at once.

Zaviya Desk

· 3 min read

Zaviya

The Senate has been asked to oppose the KP governor rule in Khyber Pakhtunkhwa. In Islamabad, Jamiat Ulema-i-Islam-Fazl (JUI-F) Senator Kamran Murtaza has laid a resolution that asks whether the president was truly satisfied, as the Constitution requires, before an emergency was proclaimed in the province. The draft tells the president and the federal government to pull the proclamation back at once, and not to let a 10-day window for parliamentary approval simply run out. The Senate is likely to meet on Tuesday.

Murtaza frames the emergency as a constitutional problem, not a routine political motion. He wants the House to refuse any measure that pushes aside an elected province, and to mark the proclamation as ultra vires, meaning outside the authority the Constitution confers.

What JUI-F wants the House to declare

The draft asks senators to put their worry on record. It lists four things that should not be weakened: the province's own sphere of authority, the mandate of institutions chosen by voters, democratic government, and the constitutional rights of the people. It also asks the House to state again that it stands by the Constitution, by parliament, by the rule of law, and by those same rights.

The words are directed at a proclamation the president issued for KP under Articles 232 and 234. Article 232 is the emergency clause that starts, "If the president is satisfied that a grave emergency exists." The resolution treats Article 234 as a second ground cited for that same order. Put simply, the governor's rule under challenge is an emergency in which power is exercised through the governor of KP, while the elected provincial mandate is what the draft says must be protected.

The argument on presidential satisfaction

Murtaza's claim is that the satisfaction Article 232 demands was not there, and that the proclamation looks as if it was issued in a mechanical way. The draft says that gap already existed when the summary was approved.

He builds the point from the clause's first words. Those words, he says, mean the conditions written in the Constitution have to be met before this rare power is used. Where a president adopts the prime minister's advice and issues the proclamation without weighing the facts, or without that satisfaction, the resolution brands the act "arbitrary, mechanical and an unconstitutional exercise of power."

From there, the draft seeks an immediate cancellation. It says the order should not be left sitting until the 10 days for parliamentary approval are over, and that it should be judged to have no basis in the Constitution. That proclamation is the emergency order the resolution now asks the Senate to reject.

Tuesday's sitting and what comes next

Members are likely to gather on Tuesday, the day the resolution can come before them. Murtaza wants the outcome to be a direct request that the president and the federal government cancel the proclamation now.

The KP governor rule is what that session would be about. People in the province have a practical stake: whether the elected mandate the resolution defends is taken up at once, or whether the emergency carries on through the 10-day approval period.

Aasan alfaaz mein

JUI-F ke Senator Kamran Murtaza ne Senate mein resolution daal di hai. Woh kehte hain ke KP par jo emergency lagayi gayi hai, us ke liye president ki woh tasalli nahi thi jo Constitution maangta hai. Woh chahte hain ke yeh order abhi khatam ho, 10 din ka intezar na kiya jaye. Aam logon ke liye matlab yeh hai ke soobe ki elected hukumat aur un ke huqooq is faisle se jude hue hain.

Questions readers ask

FAQ

In this case it is the emergency the JUI-F resolution opposes in Khyber Pakhtunkhwa. Senator Kamran Murtaza says the president proclaimed it under Articles 232 and 234, and that the satisfaction Article 232 requires — that a grave emergency exists — was missing.

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