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Part III: The Federation of Pakistan

Chapter 3: The Federal Government

 196[ 197[
90. The Federal Government:
(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.
 
(2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers."
 
 
] 197
 200[
91. The Cabinet:
(1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.
 
(2) The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.
 
(3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.
 
(4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.
 
(5) The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule:
Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.
 
(6) The Cabinet, together with the Ministers of State, shall be collectively responsible to the Senate and the National Assembly.
 
(7) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.
 
(8) The Prime Minister may, by writing under his hand addressed to the President, resign his office.
 
(9) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly:
Provided that nothing in this clause shall apply to a Minister who is a member of the Senate.
 
(10) Nothing in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or a Minister of State during any such period.
 
 
] 200
92 Federal Ministers and Ministers of State.
(1) Subject to clauses  204[(9) and (10)] 204 of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister:
Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers 205[:] 205
 206[Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total membership of Majlis-e-Shoora (Parliament):
Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010. ] 206
 
(2) Before entering upon office, a Federal Minister or Minister of State shall make before the President oath in the form set out in the Third Schedule.
 
(3) A Federal Minister or Minister of State may, by writing under his hand addressed to the President, resign his office or may be removed from office by the President on the advice of the Prime Minister.
 
 
93 Advisers.
(1) The President may, on the advice of the Prime Minister, appoint not more than five Advisers, on such terms and conditions as he may determine.
 
(2) The provisions of Article 57 shall also apply to an Adviser.
 
 
94 Prime Minister continuing in office.
The President may ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister.
 
95 Vote of no-confidence against Prime Minister.
(1) A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.
 
(2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly.
 
(3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement.
 
(4) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.
 
 
] 196 207[] 207
97 Extent of executive authority of Federation.
Subject to the Constitution, the executive authority of the Federation shall extend to the matters with respect to which  209[Majlis-e-Shoora (Parliament)] 209 has power to make laws, including exercise of rights, authority and jurisdiction in and in relation to areas outside Pakistan:
Provided that the said authority shall not, save as expressly provided in the Constitution or in any law made by  210[Majlis-e-Shoora (Parliament)] 210, extend in any Province to a matter with respect to which the Provincial Assembly has also power to make laws.
 
98 Conferring of functions on subordinate authorities.
On the recommendation of the Federal Government,  211[Majlis-e-Shoora (Parliament)] 211 may by law confer functions upon officers or authorities subordinate to the Federal Government.
 
 212[
99 Conduct of business of Federal Government.
(1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President.
 
(2) The  213[Federal Government] 213 shall by rules specify the manner in which orders and other instruments made and executed  214[in the name of the President] 214 shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President.
 
 215[
(3) The Federal Government shall also make rules for the allocation and transaction of its business.
 
] 215
 
] 212
100 Attorney-General for Pakistan.
(1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney-General for Pakistan.
 
(2) The Attorney-General shall hold office during the pleasure of the President  216[and shall not engage in private practice so long as he holds the office of the Attorney-General] 216.
 
(3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character as may be referred or assigned to him by the Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan.
 
(4) The Attorney-General may, by writing under his hand addressed to the President, resign his office.
 
 

Notes

196   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 20 (with effect from March 2, 1985) for :
90
(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers which shall act through the Prime Minister who shall be the chief executive of the Federation.
 
(2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers.
 
(3) The Prime Minister and the Federal Ministers shall be collectively responsible to the National Assembly.
 
 
91.
(1) The National Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.
 
(2) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.
 
(3) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures majority of votes of the members present and voting shall be declared to have been elected as Prime Minister.
Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.
 
4 The member elected under clause (3) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule.
 
 
92
(1) The Prime Minister shall appoint Federal Ministers and Ministers of State from amongst the members of Parliament:
Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers.
 
(2) Before entering upon office, a Federal Minister or a Minister of State shall make before the President oath in the form set out in the Third Schedule.
 
(3) A Federal Minister or a Minister of State may, by writing under his hand addressed to the Prime Minister, resign his office or may by removed from office by the Prime Minister.
 
 
93.
(1) The Prime Minister shall continue to hold office until his successor enters upon the office of Prime Minister.
 
(2) Nothing in Article 91 or Article 92 shall be construed to disqualify the Prime Minister or a Federal Minister or a Minister of State from continuing in office during the period the National Assembly stands dissolved.
 
 
94.
(1) Subject to clause (2), the Prime Minister may by writing under his hand addressed to the President, resign his office and, when the Prime Minister resigns, the Federal Ministers and Minister of State shall cease to hold office.
 
(2) The Prime Minister and, at the request of the Prime Minister, a Federal Minister shall continue to perform the functions of the office of Prime Minister or, as the case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office.
 
(3) If the National Assembly is in session at the time when the Prime Minister resigns his office, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the resignation.
 
 
95.
(1) In the event of the death of the Prime Minister or the office of Prime Minister becoming vacant by reason of his ceasing to be a member of the National Assembly, the most senior Federal Minister for the time being shall be called upon by the President to perform the functions of that office and the Federal Ministers and Ministers of State shall continue in office until a new Prime Minister has been elected and has entered upon his office.
 
(2) If the National Assembly is in session at the time when the Prime Minister dies or the office of Prime Minister becomes vacant, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the death of Prime Minister, or, as the case may be, of the office becoming vacant.
 
(3) When the Prime Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Federal Minister for the time being shall perform the functions of Prime Minister until the Prime Minister returns to Pakistan or, as the case may be, resumes his functions.
 
(4) In this Article, "most senior Federal Minister means the Federal Minister for the time being designated as such by the Prime Minister.
 
 
96.
(1) A resolution for a vote of no-confidence may be passed against the Prime Minister by the National Assembly.
 
(2) A resolution referred to in clause (1) shall not be moved in the National Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor.
 
(3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted in the Annual Budget Statement.
 
(4) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly.
 
(5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the President shall call upon the person named in the resolution as the successor to assume office and on his entering upon office his predecessor and the Federal Ministers and Ministers of State appointed by him shall cease to hold office.
Provided that, for a period of ten years from the commencing day or the holding of the second general election to the National Assembly whichever occurs later, the vote of a member, elected to the National Assembly as a candidate or nominee of a political party, cast in support of a resolution for a vote of no-confidence shall be disregarded if the majority of the members of that political party in the National Assembly has cast its votes against the passing of such resolution.
 
(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.
 
 
197   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 28 (with effect from April 19, 2010) for :
90 Exercise of executive authority of the Federation.
 198[(1)] 198 The executive authority of the Federation shall vest in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.
 
 199[
(2) Nothing contained in clause (1) shall :-
(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any Province or other authority; or
(b) prevent the Majlis-e-Shoora (Parliament) from conferring by law functions on authorities other than the President.
 
] 199
 
198   Renumbered by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 9 (with effect from November 9, 1985)
199   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 9 (with effect from November 9, 1985).
200   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 29 (with effect from April 19, 2010) for :
91 The Cabinet.
(1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.
 
(2) The President shall in his discretion appoint from amongst the members of the National Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the majority of the members of the National Assembly.
 
 201[
(2A) Notwithstanding any-thing contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution.
 
] 201
(3) The person appointed under clause (2)  202[or as the case may be, invited under clause (2A)] 202 shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the National Assembly.
 
(4) The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly.
 
 203[
(5) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.
 
] 203
(6) The Prime Minister may, by writing under his hand addressed to the President, resign his office.
 
(7) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly:
Provided that nothing contained in this clause shall apply to a Minister who is a member of the Senate.
 
(8) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or as Minister of State during any such period.
 
 
201   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(a) (with effect from November 9, 1985).
202   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(b) (with effect from November 9, 1985).
203   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(c) (with effect from November 9, 1985) for :
(5) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly.
 
204   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(i) (with effect from April 19, 2010) for "(7) and (8)".
205   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(ii) (with effect from April 19, 2010) for ".".
206   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(ii) (with effect from April 19, 2010).
207   The following was omitted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 1(3) (with effect from September 13, 1977) : :
 208[
96A Referendum as to confidence in Prime Minister
(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum he may advise the President to cause the matter to be referred to referendum in accordance with law made by Parliament.
 
(2) The law referred to in clause (1) shall provide for the constitution of a Referendum Commission and the manner and mode of holding a referendum.
 
(3) On receipt of the advice of the Prime Minister under clause (1), the President shall call upon the Referendum Commission to conduct d referendum amongst the persons whose names appear on the electoral rolls for the immediately preceding general elections to the National Assembly as revised up-to-date.
 
(4) Any dispute arising in connection with the counting of votes at a referendum shall be finally determined by the Referendum Commission or a member thereof authorised by it and, save as aforesaid, no dispute arising in connection with a referendum or the result thereof shall be raised or permitted to be raised before any Court or other authority whatsoever.
 
(5) If, on the final count of the votes cast at the referendum the Prime Minister fails to secure majority of the total votes cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation within the meaning of Article 94.
 
 
] 208
208   Inserted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 2 (with effect from April 21, 1977).
209   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
210   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
211   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".
212  
213   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(i) (with effect from April 19, 2010) for "President".
214   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(i) (with effect from April 19, 2010) for "in his name".
215   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(ii) (with effect from April 19, 2010) for :
(3) The President shall also make rules for the allocation and transaction of the business of the Federal Government.
 
216   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 32 (with effect from April 19, 2010).

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