The provisions relating to emergency has been defined in part-X of the Constitution, 1973 (Articles 232 to 237). According to Article 232 the President of Pakistan, if he is satisfied that a grave emergency exists involving security of Pakistan or any part thereof or is threatened by war, external aggression or by internal disturbance which is beyond the control of Provincial Government then the President can claim emergency. The other kind of emergency is defined under Article 234, which authorizes a President to proclaim the state of emergency after receipt of a report from the Governor of concerned province or otherwise and that he is satisfied that a situation has arisen in which the Provincial Government cannot carry out its functions with the provisions of the Constitution, 1973. The above two provisions were examined by the Hon’ble Supreme Court in the case of Sardar Farooque Ahmed Khan Leghari & others v Federation of Pakistan & others (PLD 1999 SC 57 at page 73) wherein following important observations were made by the then Chief Justice Ajmal Mian.

“……….16. No doubt in the above-quoted para. I have observed that though Article 234 of the Constitution is contained in Part X of the Constitution, which relates to the Emergency provisions, but it cannot be equated with Article 232 which can be invoked when the President is satisfied that a grave emergency exists in which the security of the country or a part thereof is threatened by war or external aggression or by internal disturbance beyond the power of the Provincial Governments to control. The above observation is to be viewed with reference to the context in which it has been made. Since Article 232 and Article 234 cover different subjects, they cannot be equated, inasmuch as that under Article 234 of the Constitution a Constitutional Provincial Government is at stake as pointed out by Basu in relation to the corresponding Articles 356 and 352 of the Indian Constitution. However, as far as the bar of jurisdiction of the Courts provided under clause (2) of Article 236 is concerned, it is the same for both the above Proclamations covered by the aforesaid two Articles inasmuch as above clause (2) provides that “the validity of any Proclamation issued or order made under this Part shall not be called in question in any Court”. Admittedly Articles 232 and 234 are contained in Part X of the Constitution as pointed out by me in above-quoted para.59 of my opinion in Sabir Shah case. The parity of reasoning given in my above-quoted paras 16 and 17 of my above opinion is very much attracted to and is applicable to the case in hand…….”.