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Crucial components of Pak. Constitution in suspension

By B. Muralidhar Reddy

ISLAMABAD Nov. 16. The decision of the Pakistan President, Pervez Musharraf, to `partially revive' the 1973 Constitution that was suspended after the October 1999 military coup has left many perplexed.

As one constitutional expert, who did not wish to be identified, said ``there is no such thing as partial revival of the Constitution. The Constitution exists either in its totality or it is simply not there''. A close scrutiny of the notification issued by Gen. Musharraf as Chief Executive, a post he would continue to hold till a new Prime Minister is elected by the National Assembly, suggests that several crucial components of the Constitution continue to be in suspension.

Some of the Articles that are still not operational include the provisions relating to floor-crossing, qualification of the Members of the National Assembly, the power of Parliament to amend the Constitution in abeyance, provisions related to the suspension of Provincial Assemblies and emergency powers.

All the Articles dealing with the provincial governments, starting from Article 101 to 138, are in abeyance.

Gen. Musharraf also issued another order, Legal Framework (Removal of Difficulty) Order, 2002, providing that the Chief Executive will continue to act till such time the Prime Minister takes oath of his office.

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