Provisional Constitutional Order (2007)

Provisional Constitutional Order (2007)
Name	Provisional Constitutional Order (2007)
Date	3 November 2007
Jurisdiction	Pakistan
Issuer	Pervez Musharraf
Type	Emergency constitutional measure
Status	Rescinded / Contested

Provisional Constitutional Order (2007) was an emergency proclamation issued on 3 November 2007 by President Pervez Musharraf in Islamabad, affecting constitutional arrangements in Pakistan. It suspended parts of the Constitution of Pakistan, removed and detained judges of the Supreme Court of Pakistan and the High Courts of Pakistan, and imposed restrictions that involved institutions such as the Pakistan Armed Forces, the Inter-Services Intelligence, and the Ministry of Interior (Pakistan). The measure provoked responses from political parties including the Pakistan Muslim League (N) and the Pakistan Peoples Party, as well as from civil society actors like the Lawyers' Movement and international actors such as the United States Department of State and the United Nations.

Background

The 2007 proclamation followed tensions between President Pervez Musharraf and the judiciary, notably after the Supreme Court of Pakistan decisions involving the legality of Musharraf's dual role as President and Chief of Army Staff (Pakistan). Judicial activism by Chief Justice Iftikhar Muhammad Chaudhry had led to confrontations with the Pakistan Army, the Ministry of Law and Justice (Pakistan), and political figures including Nawaz Sharif of the Pakistan Muslim League (N) and Benazir Bhutto of the Pakistan Peoples Party. Prior events included the dismissal of elected officials linked to decisions in Karachi, rulings on the National Reconciliation Ordinance, and protests influenced by groups like the Muttahida Qaumi Movement and student bodies such as the Pashtun Students Federation.

Declaration and Legal Basis

On 3 November 2007, President Pervez Musharraf declared a state of emergency under provisions he cited from the Constitution of Pakistan, invoking powers connected to the President of Pakistan office and referring to national security threats tied to operations against Tehrik-i-Taliban Pakistan and counterterrorism efforts coordinated with the United States Central Command. The proclamation issued a new order that purported to supersede certain constitutional articles and directed the Cabinet of Pakistan and the Chief Secretary (Pakistan) to implement emergency measures. Legal instruments referenced included doctrines developed under previous interventions such as the Doctrine of Necessity and judgements from cases like those heard in the Supreme Court of Pakistan during crises in the 1990s involving Farooq Leghari and Nawaz Sharif.

Key Provisions

The measure required judges of the Supreme Court of Pakistan and the High Courts of Pakistan to take a fresh oath under the new order, leading to removals and suspensions. It authorized detentions by the Federal Investigation Agency, broadened powers of the Inter-Services Intelligence, and restricted media overseen by entities such as the Pakistan Electronic Media Regulatory Authority. The order affected elections administered by the Election Commission of Pakistan, delayed tribunals including the Special Court for the trial of civilians accused of militancy, and altered oversight roles of the Attorney General for Pakistan and the Human Rights Commission of Pakistan.

Political Reactions and Opposition

Domestic opposition coalesced around political leaders Nawaz Sharif, Asif Ali Zardari, and the lawyers aligned with Chief Justice Iftikhar Muhammad Chaudhry. The Pakistan Peoples Party and the Pakistan Muslim League (N) coordinated calls for restoration of rule under the Constitution of Pakistan, while parties such as the Jamiat Ulema-e-Islam (F) and the Muttahida Majlis-e-Amal offered varied responses. Mass mobilizations involved the Lawyers' Movement, student groups tied to All Pakistan Universities Federation, trade unions, and civil society organizations like the Human Rights Commission of Pakistan. International reactions came from the United Nations Security Council, the European Union, the United States Department of State, and governments of United Kingdom and Saudi Arabia, which engaged through diplomatic channels and statements concerning constitutional order.

Judicial Response and Supreme Court Rulings

The judiciary responded with cases in the Supreme Court of Pakistan challenging the validity of the emergency measures and the oath requirement. Bench hearings referenced precedents from the Sindh High Court, the Peshawar High Court, and historical rulings such as those in the Zafar Ali Shah case and matters involving the Doctrine of Necessity. Dissenting and majority opinions debated the powers of the President of Pakistan and the status of constitutional safeguards. Subsequent rulings by the Supreme Court of Pakistan addressed reinstatement of judges, the legality of emergency detentions, and the constitutional limits on actions by the Prime Minister of Pakistan and the Army Chief (Pakistan).

Impact on Governance and Civil Liberties

The emergency order affected institutional functioning across the Parliament of Pakistan, federal ministries like the Ministry of Interior (Pakistan) and the Ministry of Law and Justice (Pakistan), and agencies such as the Election Commission of Pakistan and the Supreme Court of Pakistan. Civil liberties were constrained through media censorship involving state broadcasters such as Pakistan Television Corporation and private outlets tied to networks like Geo News and ARY Digital, as well as through detentions of activists associated with groups like the Human Rights Commission of Pakistan and lawyers from the Lahore High Court Bar Association. The security context included operations against Al-Qaeda in the Indian Subcontinent affiliates and influence on relations with the United States Department of Defense and regional actors including Afghanistan and India.

Aftermath and Repeal/Restoration

Following mass protests, legal campaigns by the Lawyers' Movement, and political negotiations involving leaders like Benazir Bhutto prior to her assassination and politicians such as Asif Ali Zardari, the emergency measures were gradually rolled back and judges were reinstated by orders of the Supreme Court of Pakistan and political settlements within the Parliament of Pakistan. The events influenced subsequent elections coordinated by the Election Commission of Pakistan, reforms debated in the National Assembly of Pakistan and the Senate of Pakistan, and shifts in civil-military relations involving the Pakistan Army and civilian leadership. The episode remains a reference point in discussions concerning constitutional resilience in Pakistan, cited in literature on judicial independence, transitional justice, and comparative studies involving crises in countries like Turkey, Egypt, and Bangladesh.

Category:2007 in Pakistan Category:Constitutions of Pakistan