PESHAWAR: As Governor Rule has been imposed in Khyber Pakhtunkhwa, constitutional and legal experts have clarified the procedure and timing of the Advisory Council taking charge under the Constitution of Pakistan.
According to experts, Governor Rule is imposed under Article 234 of the Constitution when the President is satisfied, on the report of the Governor, that the provincial government cannot be run in accordance with the Constitution.
Under Article 234, after the Proclamation is issued, all executive powers of the province vest in the Governor, who acts on behalf of the President.
Constitutional experts said that because the Governor cannot run the entire provincial machinery alone, he is empowered to appoint a Council of Advisors / Advisory Council to assist him in running government affairs.
Regarding the timeline, experts said the Constitution does not fix a specific period of 10 or 30 days for the Advisory Council to take charge.
The procedure is that the Governor forwards names of Advisors to the President and Prime Minister for approval, which normally takes 24 to 72 hours. As soon as approval is granted, the Governor House issues notification, and the Governor himself administers the oath to the members of the Advisory Council at Governor House.
The Advisors assume charge of their respective portfolios on the same day of oath. Experts further said that under Article 234(3), the Proclamation of Governor Rule must be placed before the Parliament within 10 days and must be approved within two months; otherwise it will lapse.
However, the Advisory Council does not need to wait for parliamentary approval and becomes functional immediately after the oath. The Advisory Council will continue to perform functions like a provincial cabinet until Governor Rule is withdrawn and an elected government is restored.
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