Nirmal Oad
Suffice it to say, there are a dozen of the ordinances which have been promulgated by the president in diverse fields. but if we have thrown light on article 89 of the constitution of Pakistan which empowers that the president can promulgate ordinances. Before making an ordinance, he must go through a two-pronged test, one where there is no session of national assembly and senate. the second one is that there is a paucity of necessity he has to take any action in an emergency at the drop of a hat. It is a grim reality that has been penned down in the legal instruments, those ordinances have been operated by courts by seeing the magnitude of offence or scrutinising the fact and circumstances of the cases to give any doom on that particular case. this provision has been applied in the wrong truck which has forged a relic of bias and apartheid and it is a gross and tragic violation of the Constitution of Pakistan. furthermore, it is a constitutional right which has been given to the president of Pakistan to promulgate any ordinance where there is an extreme scarcity of famine, emergence situation and so on)if not, he has not carte Blanche to pass any other ordinance which is inconsistent with a phase of courts or creates ripples and distribution towards the citizen of Pakistan. it can be contemplated as colossal irreparable loss of people once they can’t meet their rudimentary rights. a coining example, the chairperson of HEC has been ousted under a higher(amendment) ordinance in 2021 as well as tenure has been reduced four to two. but the sweeping statement of government is that there wasn’t any solid reason for expounding him from service. how this ordinance can be used for self-interest? how these can become part of temporary legislation for their interest? why ordinance can not be promulgated by the subject of the theme which is given in the constitution succinctly? why there is a chasm of promulgating ordinance holistically? in addition, there is not only one quandary, there are a lot of questions that are under the silhouette of doom and become a controversial part of the legislation. it can hardly discern the manifesto of proper legislation. since 1947, [Pakistan has promulgated 1773 ordinance whereas India has promulgated 553 ordinances?] it is such a huge diversity between two countries. there are certain circumstances to promulgate any ordinance. it is not self-discretion power to do anything under this provision. otherwise, it can myopic piece of legislation. those ordinances must be misapplied and used for their interests. in a nutshell, after gauging and meeting the verity of this provision, this bizarre rhetoric must be ameliorated in a delicate manner where article 89 can be used properly without any bias and prejudice. because it is such a right of people which can be applied in emergency and fiasco situation which has been addressed above. This right doesn’t entitle us to use for other bases. article 89 can’t be turned a blind to use suitably. this power must be used in particular predicaments where there is a need and if any flaw finds during operating the court has to be declared that ordinance null and void.


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