Editorial
Article 7 of the constitution of Pakistan defines the term “the State” for the purpose of the fundamental rights and principles of policy that are enshrined in Part II of the constitution. According to this article, the State includes the following entities:
- The Federal Government, which is the central executive authority of Pakistan, headed by the Prime Minister and his cabinet.
- The Majlis-e-Shoora (Parliament), which is the bicameral legislature of Pakistan, consisting of the National Assembly (the lower house) and the Senate (the upper house).
- A Provincial Government, which is the executive authority of each of the four provinces of Pakistan, headed by the Chief Minister and his cabinet.
- A Provincial Assembly, which is the unicameral legislature of each of the four provinces of Pakistan, elected by the people of the province.
- Any local or other authorities in Pakistan that are empowered by law to impose any tax or cess, such as municipal corporations, district councils, cantonment boards, etc.
The article 7 of the constitution of Pakistan is important because it determines the scope and application of the fundamental rights and principles of policy that are guaranteed to the citizens of Pakistan by the constitution. It also establishes the relationship between the different organs and levels of the State, and the division of powers and responsibilities among them. The article 7 of the constitution of Pakistan reflects the federal structure of the country, where the power is shared between the central and the provincial governments, and the local and other authorities.
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However, the article 7 of the constitution of Pakistan also has some limitations and challenges. One of the limitations is that the article 7 does not include the judiciary as part of the State, even though the judiciary is an independent and vital organ of the State that is responsible for the interpretation and enforcement of the constitution and the laws. Another limitation is that the article 7 does not specify the criteria or the process for the creation and recognition of the local or other authorities that are empowered to impose any tax or cess, which may lead to ambiguity and inconsistency in the application of the fundamental rights and principles of policy. A challenge that the article 7 poses is that it may create conflicts and disputes between the different entities of the State, especially between the federal and the provincial governments, over the issues of jurisdiction, authority, and resources. Therefore, the article 7 of the constitution of Pakistan requires a careful and balanced implementation and coordination among the different entities of the State, in order to ensure the protection and promotion of the fundamental rights and principles of policy of the citizens of Pakistan.
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