The President, acting on the advice of the federal government, possesses the authority to issue a proclamation of Emergency within a province under Article 232. Furthermore, the federal government may assume all executive powers from the provincial government, or it can direct the province's governor to assume these powers on its behalf.
For the federal government to issue an Emergency proclamation based on internal disturbance in a province, it must secure a resolution from that province's assembly. Meeting the mandatory criteria outlined in Article 232 is a prerequisite for the federal government to utilise Article 232 for an emergency or governor’s rule.
Should the federal government declare an Emergency under Article 352 due to a threat of war or external aggression, it can proceed without needing the provincial assembly's approval. When an Emergency is proclaimed under Article 232, only the provincial government's executive functions are suspended; the provincial assembly itself remains unaffected.
The Constitution specifies the duration of an emergency under Article 232 through Article 232(7) and Article 232(8). An emergency declared under Article 232 lapses after two months unless Parliament passes a resolution approving its continuation.
If approved, an emergency under Article 232 can remain active for a maximum period of six months at one time. The grounds for issuing a proclamation under Article 234 relate to the 'failure of constitutional machinery in a Province.'
Under Article 234, the provincial assembly's powers and functions may also be suspended and taken away during the emergency period. The proclamation under Article 234 must be presented to Parliament and automatically ends after two months unless Parliament passes a resolution approving it before that time limit expires.
In total, no proclamation issued under Article 234 can remain in force for longer than six months. Following the 18th Amendment, an elected chief minister cannot be removed except by following the procedures detailed in Article 130(7).
The governor cannot dissolve the provincial assembly simply at their discretion, as the 18th Amendment removed Article 112(2)(b). When the relevant Article's emergency concludes, the elected chief minister resumes office, and the provincial assembly regains its constitutional legislative powers.
Routine political disagreements, protests, or a strained Centre-province relationship cannot, by themselves, constitutionally justify federal intervention under Article 232 or Article 234. To activate Article 232, the internal disturbance must exceed the capacity of the provincial government to manage.
Article 234 requires circumstances where the province's government cannot operate according to the Constitution's provisions. Article 236 prevents any court from questioning the validity of an order or proclamation made under the relevant emergency provisions.
