Governor’s Rule and Emergency Imposed in Khyber Pakhtunkhwa for the Fourth Time

Governor’s Rule and Emergency Imposed in Khyber Pakhtunkhwa for the Fourth Time
(Asghar Ali Mubarak)
Since Pakistan’s inception, every province has faced this constitutional instrument of the federation at least once. On October 11, ‘Governor’s Rule’ was imposed in Khyber Pakhtunkhwa for the fourth time. After President Asif Ali Zardari signed the summary—submitted on the federal cabinet’s recommendation—to impose ‘Emergency’ and ‘Governor’s Rule’ in the province, all powers of the elected provincial government were transferred to the bureaucracy and the Governor. The President granted this approval based on the recommendation of Prime Minister Shehbaz Sharif. Prior to this, the federal cabinet had formally approved the imposition of ‘Governor’s Rule’ and ‘Emergency’ in Khyber Pakhtunkhwa under Articles 232 and 234 of the Constitution of Pakistan. With the President’s signature, the reins of all administrative affairs in Khyber Pakhtunkhwa will now formally rest with the province’s Governor, Faisal Karim Kundi.
Governor’s Rule and a state of emergency have once again been imposed in Khyber Pakhtunkhwa. A statement issued by the Presidency cited rising incidents of terrorism, a deteriorating law-and-order situation, and threats to the lives and property of citizens as the reasons for this move. Following the President’s signature on the summary forwarded by Prime Minister Shehbaz Sharif, all executive powers of the province have now been transferred from the PTI government’s Chief Minister, Sohail Afridi, to Governor Faisal Karim Kundi; simultaneously, a notification regarding the deployment of the army in the province under Article 245 has been issued. Under the 1973 Constitution, the first formal imposition of Governor’s Rule in a province occurred on February 16, 1975, in the then-Sarhad Province (present-day Khyber Pakhtunkhwa), remaining in effect for 76 days. Hayat Muhammad Khan Sherpao, a senior leader of the Pakistan People’s Party (PPP), had lost his life in a bomb blast at Peshawar University in February 1975. Prime Minister Zulfikar Ali Bhutto dismissed the coalition government of the National Awami Party (NAP) and Jamiat Ulema-e-Islam in the province, accusing the provincial administration of failing to maintain law and order. Following this move, Chief Minister Sardar Inayatullah Khan Gandapur was removed from office, and the provincial government’s administrative powers were transferred to the Governor. The second instance of an elected government’s dismissal in Sarhad Province also occurred during the tenure of the PPP central government, specifically when Benazir Bhutto was the Prime Minister of Pakistan and Pir Sabir Shah was serving as the Chief Minister of a coalition government formed by the Muslim League (N) and the Awami National Party (ANP). On February 25, 1994, acting on the recommendation of the federal government, President of Pakistan Farooq Leghari issued an order imposing Governor’s Rule in the province for a period of ten months; this measure remained in effect until April 24, 1994. In October 1999, President General Pervez Musharraf imposed a nationwide state of emergency, resulting in the dismantling of the entire federal and provincial democratic structure; consequently, the Muslim League (N) Chief Minister of the Sarhad province, Mehtab Abbasi, was removed from office, and Lieutenant General (Retd.) Muhammad Shafiq assumed administrative control of the province as Governor. The third period of Governor’s Rule in Sarhad lasted for over three years, continuing until November 2002, when Akram Khan Durrani of the Muttahida Majlis-e-Amal took the oath as Chief Minister. This period is regarded as the longest spell of Governor’s Rule in the province’s history. In Pakistan, the imposition of a state of emergency and Governor’s Rule has historically been linked to political crises, constitutional deadlocks, and periods of martial law. These provisions were primarily derived from the Government of India Act 1935—enacted during the British colonial era—which was designed to grant the central government (the federation) sweeping, authoritarian powers over the provinces or the country as a whole.
Articles 232 through 237 of the Constitution of Pakistan cover various types of emergencies (such as those arising from war, internal unrest, or economic crises). Detailed below are the most significant instances of emergency rule in Pakistan’s history. Shehbaz Sharif—who, as Prime Minister, approved the imposition of Governor’s Rule and a state of emergency in Khyber Pakhtunkhwa on October 11—has himself been the target of this constitutional instrument on two previous occasions. In October 1999, Shehbaz Sharif was serving as the Chief Minister of Punjab. On October 12, when the then-Army Chief General (Retd.) Pervez Musharraf overthrew the elected government of Prime Minister Nawaz Sharif and imposed a state of emergency, Chief Minister Shehbaz Sharif’s administration in Punjab was dissolved—as were governments in other provinces—and the administration of the province was handed over directly to the Governor of Punjab. This second period of Governor’s Rule in Punjab lasted until November 23, 2002. Governor’s Rule was imposed in Punjab for a third time on February 25, 2009, following a Supreme Court verdict that disqualified Nawaz Sharif and Shehbaz Sharif from contesting elections. Immediately following this decision, President Asif Ali Zardari imposed Governor’s Rule in Punjab for two months under Article 234, and Salman Taseer assumed administrative control of the province as Governor. However, a significant difference this time was that the Punjab Assembly was not suspended; instead, Chief Minister Shahbaz Sharif and members of his cabinet were merely barred from performing their official duties. Like Punjab, Governor’s Rule has also been imposed in Sindh on three occasions. Just two years into the country’s history, in 1951, Sindh’s first Chief Minister, Ayub Khuhro, and his cabinet were also ousted as a result of Governor’s Rule. At that time, Quaid-e-Azam Muhammad Ali Jinnah was the Governor-General and Liaquat Ali Khan was the Prime Minister. The federal government dismissed Ayub Khuhro’s administration—citing allegations of corruption and the misuse of authority—and imposed Governor’s Rule in the province; Mian Aminuddin subsequently took charge as Governor until 1953. Before this, in April 1948, Ayub Khuhro’s government had also been dismissed on similar charges under the orders of the Quaid-e-Azam; however, on that occasion, the law known as PRODA (Public and Representative Offices Disqualification Act) was invoked rather than imposing Governor’s Rule. The second period of Governor’s Rule in Sindh lasted for 68 days, commencing on June 24, 1988, and concluding on August 31, 1988. This decision was made while a government led by politicians from the Islami Jamhoori Ittehad (IJI)—with Akhtar Ali Ghulam Qazi serving as Chief Minister—was in power in the province. When the then-President General Zia-ul-Haq dismissed Prime Minister Muhammad Khan Junejo’s federal government and the National Assembly, he simultaneously dissolved all provincial governments; consequently, Akhtar Ali Ghulam Qazi’s administration was also removed. General Zia-ul-Haq appointed General (Retd.) Rahimuddin Khan as Governor and vested him with sweeping powers under Governor’s Rule. Following General Zia-ul-Haq’s death on August 17, 1988, Acting President Ghulam Ishaq Khan announced the end of Governor’s Rule, and Akhtar Ali Ghulam Qazi was reappointed as the caretaker Chief Minister of Sindh to oversee the general elections. It was in the 1988 party-based elections that Syed Qaim Ali Shah was elected Chief Minister of Sindh for the first time. This period marked one of the most significant instances of Governor’s Rule in Sindh’s history. In October 1998, Hakim Muhammad Said—a renowned intellectual and former Governor of Sindh—was assassinated in Karachi. In the wake of this high-profile murder, and given the precarious law-and-order situation across Karachi and Sindh, Prime Minister Mian Nawaz Sharif suspended his own coalition government and imposed a state of emergency in the province. During this period, Moinuddin Haider managed provincial affairs, and Governor’s Rule remained in effect until General Pervez Musharraf assumed power in 1999. In Pakistan’s political history, whenever tensions between the federation and the provinces peak, terms like “Governor’s Rule” or “Emergency” come to the fore. This is a constitutional tool that the federal government can employ to dismiss a provincial government that holds a majority mandate.
Before examining when, why, and how federal governments have used such constitutional instruments against provincial administrations, it is essential to understand the fundamental difference between “Emergency” and “Governor’s Rule.” Furthermore, one must ask: does the Constitution empower the federation to oust an elected Chief Minister and their cabinet, thereby transferring all authority to a bureaucrat or the Governor?
Chapter 10 of the Constitution of Pakistan outlines the provisions for imposing “Governor’s Rule” or “Emergency” in any province. Whenever the federation takes over the administration of a province, it relies on three key constitutional provisions within this chapter: Article 232, Article 234, or Article 235. The relevant article deals with the imposition of an emergency in situations such as war, external aggression, or severe internal unrest. It empowers the President to declare an emergency in the face of threats to national security that a provincial government is unable to contain.
In such a scenario, the provincial assembly may remain intact, but its legislative powers become paralyzed, and the broad authority to legislate on provincial matters shifts to the federation. According to this article, if the President becomes convinced—through the Governor or any other channel—that a provincial government has failed to administer the province in accordance with the Constitution, he may suspend or dissolve the provincial government and assembly, transferring all administrative powers to the federal representative (the Governor); this measure is known as “Governor’s Rule.” A key distinction between the two is that the duration of Governor’s Rule is limited to two months—or, in specific circumstances, a maximum of six months—whereas the Constitution prescribes no overall or final time limit for a state of emergency; Parliament can extend it by passing a resolution every six months. Pakistan’s political history is marked by a long saga of friction and tension between the center and the provinces. Since the country’s inception, every province has seen its elected government endure this bitter experience at least once.
In Pakistan’s history, the powers of the Punjab provincial government have been transferred to the Governor on three occasions; notably, the country’s first formal imposition of Governor’s Rule also took place in Punjab in January 1949.
The first government to fall victim to this constitutional instrument of the federation was that of Punjab’s first Chief Minister, Iftikhar Hussain Mamdot, which was dismissed amidst allegations of corruption, nepotism, and mismanagement. However, historical accounts suggest that the actual reason for Chief Minister Mamdot’s dismissal was his severe disagreement with both the central government and his own Finance Minister, Mumtaz Daultana. Factionalism within the provincial government ultimately resulted in the imposition of Governor’s Rule in the province. The question arises here: if the federal government invoked two articles of the 1973 Constitution to impose the recent emergency and Governor’s Rule in Khyber Pakhtunkhwa, under which law was Governor’s Rule imposed in 1949? When Prime Minister Liaquat Ali Khan dismissed the elected government of Punjab’s first Chief Minister, Nawab Iftikhar Hussain Mamdot, in January 1949, the Centre relied on Section 92-A of the Government of India Act 1935, which was in force as the country’s interim constitution at the time. Prime Minister Liaquat Ali Khan utilized ‘Section 92-A’ of this interim constitution—the Government of India Act 1935—to terminate the elected provincial government, dismissing the administration and handing over all powers to Governor Sir Francis Mudie. Under this provision, the Governor-General held the authority to dismiss an elected provincial government and suspend or dissolve the assembly, thereby transferring all executive and legislative powers to a federal appointee (the Governor); there was no scope for parliamentary approval or legal challenge regarding this action. This initial period of Governor’s Rule in Punjab ended following the provincial assembly elections in 1951, which saw Mian Mumtaz Daultana elected as the new Chief Minister; however, in 1953, the federal government dismissed Mian Mumtaz Daultana’s administration as well, citing the deteriorating law and order situation in the province.Addressing a press conference in Islamabad alongside Federal Law Minister Azam Nazeer Tarar, Information Minister Attaullah Tarar, and Samar Haroon Bilour, Interior Minister Mohsin Naqvi stated that the decision to impose an emergency in Khyber Pakhtunkhwa was not an easy one. For over a month, the federal government had endeavored to take the provincial government into confidence and formulate a joint strategy against terrorism; he was personally in contact with the Khyber Pakhtunkhwa government behind the scenes. Naqvi remarked that it is impossible for any single government to fight the war against terrorism alone; federal and provincial governments must work together. According to him, the government took the initiative to reach out to and negotiate with the PTI, yet despite all efforts, a consensus could not be reached. The Interior Minister revealed that progress on various matters was already underway—including plans for meetings—prior to the announcement of the PTI’s long march date. Prime Minister Shehbaz Sharif was scheduled to depart for New York on September 17, and the aim was to resolve the issue by meeting opposition leaders before his departure. It was decided that the Prime Minister would meet opposition leaders and request them to postpone the long march; discussions regarding the formation of a negotiating committee for this purpose also took place, and the matter was deliberated during a meeting between President Asif Ali Zardari and Prime Minister Shehbaz Sharif. According to Naqvi, negotiations with the PTI continued for two days, during which multiple changes were made to the draft, and it was finalized three to four times. The PTI identified five to six amendments which the government accepted; however, just as matters appeared to be settled, a new draft surfaced. During the negotiations, PTI leader Asad Qaiser stated that they would not take a single step back in the war against terror and would fight this battle jointly. Consequently, PTI leaders were asked to take the Khyber Pakhtunkhwa government into confidence so that joint measures against terrorism could be implemented. The Interior Minister stated that
suggestions were sought from the PTI regarding a specific paragraph of the proposed draft, but no response was received. According to him, contact with PTI leaders was maintained until 11:45 PM the previous night, and they were informed that if any changes to the draft were required, they should communicate them—as an opportunity to resolve the matter still existed—yet no response came from the other side. Mohsin Naqvi added that an attempt had been made to arrange a meeting between the Prime Minister and opposition leaders on September 15 or 16 so that issues could be settled before their departure abroad; however, despite continuous contact and negotiations, a consensus could not be reached. The Interior Minister clarified that the federal government never demanded that the PTI call off its sit-in. According to him, the condition to postpone the sit-in was put forward by the Pakistan People’s Party (PPP), whereas the federal government’s primary demand was cooperation in the fight against terrorism. He further stated that the PTI had been informed that if they wished to stage a sit-in, they were free to do so—the government had no objection—but the provincial government’s cooperation in the war against terror was essential. The Interior Minister noted that Jamiat Ulema-e-Islam (F) chief Maulana Fazlur Rehman had met with Prime Minister Shehbaz Sharif and also contacted PTI leaders, yet these efforts yielded no results. He remarked that the federal government sought to collaborate with the Khyber Pakhtunkhwa government on counter-terrorism measures rather than focusing on political differences. Expressing concern over the law-and-order situation in Khyber Pakhtunkhwa, Mohsin Naqvi stated that conditions in 12 districts were dire, with residents in some areas avoiding venturing out of their homes after dark. He highlighted the rising number of terror incidents and the martyrdom of security personnel in the province, noting that a senior Election Commission official had also been martyred the previous day. According to the Interior Minister, he held several meetings with Khyber Pakhtunkhwa Chief Minister Sohail Afridi, focusing exclusively on the issue of terrorism rather than political matters. Discussions with Sohail Afridi centered on measures to strengthen the police force in the affected districts, with a proposal to initiate the process in five districts. When the Chief Minister raised the issue of a lack of financial resources, the federal government assured him that necessary funds would be provided. Mohsin Naqvi claimed that an agreement had been reached during the negotiations to declare an emergency in the 12 districts of Khyber Pakhtunkhwa. According to them, measures were essential to restore normalcy in the affected areas, provide necessary facilities to the police, and improve security arrangements; however, no tangible progress was made in this regard. Responsibility must be acknowledged for the sacrifices made by the army and police in the war against terror. Over the past year and a half, 518 police personnel have been martyred, while incidents of terrorism in the province have also seen a significant rise.The Interior Minister further stated that the federation and the provinces cannot have separate policies regarding counter-terrorism, and it is impossible for any single party to achieve success in this war in isolation. He asserted that the issue of contacts with the Taliban is also a factor, and the provincial government’s cooperation is indispensable for joint counter-terrorism operations. The government made every effort to avoid the need for difficult decisions, but ultimately, a constitutional course had to be adopted due to a lack of consensus during negotiations. He added that details regarding the negotiations and contacts with PTI leaders could also be verified directly from them.
Meanwhile, Federal Law Minister Azam Nazeer Tarar stated that a detailed meeting of the federal cabinet lasted over two hours, during which the situation in Khyber Pakhtunkhwa was deliberated upon. According to him, the cabinet recommended that the Prime Minister send advice to the President in accordance with the law, following which the President took measures under Articles 232 and 234 of the Constitution. The Governor of Khyber Pakhtunkhwa submitted his report to the federal government, fulfilling his constitutional obligation. The law-and-order situation in the province had become extraordinary, and according to the government, it became necessary to impose an emergency and exercise relevant powers in line with constitutional procedures. Over the past two to two-and-a-half years, incidents of terrorism have surged by approximately 196 percent, with some statements citing an increase of up to 200 percent. He noted that there has been a rise in casualties and damage to vehicles, alongside an increase in attacks on the army, police, and religious leaders. It was further stated that an extraordinary situation regarding the constitutional order had arisen in Khyber Pakhtunkhwa, and the repercussions of terrorism were spreading to other provinces. The Constitution mandates that the Federation and the provinces discharge their responsibilities jointly, while the Federation holds constitutional authority to address law and order situations. Under the Constitution, the federal government has directed that the provincial government be rendered inactive and instructed the Governor to exercise his powers. It was announced that a decision had been made to deploy the armed forces to assist the Governor, and the army has been deployed under Article 245 of the Constitution. Law Minister Azam Nazeer Tarar stated that an 11-member advisory committee has been formed to handle the situation in Khyber Pakhtunkhwa, and a secretariat has been established for the 12 affected districts to report directly to the Federation. According to him, a council has also been constituted, with the Additional Chief Secretary assuming responsibility for it. Under these constitutional measures, relevant officials have been rendered inactive, and the Governor has been directed to exercise his powers in accordance with the Constitution. The Law Minister added that the President declared a state of emergency on the advice of the Prime Minister. According to the federal government, conditions in the province necessitated action under Articles 232 and 234 of the Constitution. Meanwhile, Federal Information Minister Attaullah Tarar, during a press conference, leveled serious allegations against the PTI regarding links to terrorists and the deterioration of the law and order situation in the province. It was alleged that the PTI has links to terrorists and that the provincial government maintained an alleged alliance with them. According to these claims, the PTI had effectively partnered with terrorists, and there are reports that the Taliban had gained control over police stations in several districts of Khyber Pakhtunkhwa. Attaullah Tarar alleged that the very elements who destroyed the province’s peace were empowered, while those responsible for maintaining law and order facilitated the terrorists. He stated that the province was being pushed into the grip of terrorism and that the government possesses evidence to this effect. According to the Federal Minister for Information, an alleged power-sharing arrangement existed between the Khyber Pakhtunkhwa government and terrorist groups. He further added that the members of the advisory council were selected based on merit. Meanwhile, Jamiat Ulema-e-Islam (F) chief Maulana Fazlur Rehman rejected the imposition of Governor’s Rule and a state of emergency in Khyber Pakhtunkhwa, declaring them unacceptable under any circumstances. He stated that such measures violate commitments made during negotiations; despite assurances regarding a meeting with the PTI founder and his medical treatment, the government reneged on its promises. He vowed to fight for constitutional rights on every front. Addressing a press conference in Islamabad, JUI chief Maulana Fazlur Rehman stated that his party completely rejects the decision to impose Governor’s Rule and a state of emergency in Khyber Pakhtunkhwa. According to him, this move amounts to an assault on democracy and the rights of the people. The JUI chief made it clear that his party is not prepared to bow down to such measures and will pursue every possible avenue to safeguard its constitutional rights. Maulana Fazlur Rehman’s statement comes at a time when President Asif Ali Zardari, following the Federal Cabinet’s approval and the Prime Minister’s advice, has sanctioned the imposition of a state of emergency and Governor’s Rule in Khyber Pakhtunkhwa, effective October 11, 2026. According to an official notification, the emergency has been imposed under Article 232 of the Constitution, and Governor’s Rule under Article 234. An 11-member advisory council has been established under the Governor to oversee the province’s affairs. An official statement also indicates that a separate administrative secretariat has been set up under the Governor and the Chief Secretary to manage affairs in 12 districts of the province. The government has cited incidents of terrorism and the law-and-order situation in the province as the reasons for this decision.