By Afshain Afzal
President of Pakistan Asif Ali Zardari today on 11 October 2026, proclaimed an emergency and Governor's rule in Khyber Pakhtunkhwa province of Pakistan. To this effect so far there was no rebuttal. As per the reports military operations to curb terrorism have been planned in 12 districts, including Dera Ismail Khan, Tank, Bannu and Lakki Marwat as well as eight merged tribal districts of Khyber, Kurram, Orakzai, Bajaur, Mohmand, North Waziristan, South Waziristan and Lower South Waziristan. It is claimed that a week ago Governor Faisal Karim Kundi had sent a letter to Prime Minister of Pakistan, explaining the grounds for emergency measures as part of the legal requirements for the proposed intervention.
As per the details, Pakistani Cabinet met today on 11 October 2026, and briefed on deteriorating security situation due to the rising threat of terrorism and the provincial government’s deliberate disengagement from the fight against terrorism in Khyber Pakhtunkhwa province. The Cabinet recommended Prime Minister to advise President Asif Ali Zardari to invoke his constitutional powers under Articles 232 and 234 of the Constitution to impose emergency rule in the province. An 11-member special advisory council headed by Khyber Pakhtunkhwa Governor Faisal Karim Kundi has also been formed and assigned responsibilities.
If we recall, on Thursday, 8 October 2026, an emergency meeting was held in the Federal Constitutional Court of Pakistan at Islamabad to disuse important matters. Irrespective of the details, following provisions of the Constitution must be kept in mind to comprehend future developments. As Article 175E provides, The Federal Constitutional Court to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments. Here the Federal Constitutional Court’s pronouncement will be declaratory judgments. 175H empowers President to obtain the opinion of the Federal Constitutional Court on any important question of law.
Interestingly, President is empowered by Article 175J to appoint any other Judges of the Federal Constitutional Court to act as its Chief Justice if the position is vacant or Chief Justice is absent or is unable to perform the functions of his office due to any other cause. Similarly, under Article 175A, President can appoint serving or retired a Judge of the Supreme Court or a High Court who is qualified for appointment as a Judge of the Federal Constitutional Court to act temporarily as a Judge of the Federal Constitutional Court until it is revoked by the President.
There should be no ambiguity that it is unconstitutional for a Federal Government to act on mere Governor’s advice to invoke Articles 232 and 234 of the Constitution to impose emergency rule in a province. Article 232 pertaining to ”Emergency Provisions” entitles President of Pakistan to directly intervene and impose emergency if the security of Pakistan, or any part thereof, is threatened by war or external aggression. The article clarifies that in case of internal disturbance beyond the power of a Provincial Government to control, the President can adopt either of two options: (1) Impose emergency after the passage of a resolution from the Provincial Assembly by concerned province for imposition of emergency or (2) acts on his own by placing the “Proclamation of Emergency” before both Houses of Parliament for approval by each House within ten days. In a nutshell, Pakistan is a democratic republic and must fully follow and enforce the Constitution for an act in national interest.