Notes for Part III, Chapter 3

82.

Articles 90 to 95 substituted by P.O.No.14 of 1985 Art.2 and Sch.item 20 for Articles 90 to 96 (with effect from March 2, 1985). Article 90 originally read as under:

"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."

83.

Re-numbered as Article 90(1) by the Constitution (Eighth Amendment) Act, 1985, section 9 (with effect from November 9, 1985).

84.

Clause (2) added by the Constitution (Eighth Amendment) Act, 1985, section 9 (with effect from November 9, 1985).

85.

See footnote 82. Article 91 originally read:

"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."

86.

Clause (2A) added by the Constitution (Eighth Amendment) Act, 1985, section 10(a) (with effect from November 9, 1985).

87.

Added by the Constitution (Eighth Amendment) Act, 1985, section 10(b) (with effect from November 9, 1985).

88.

Substituted by the Constitution (Eighth Amendment) Act 1985, section 10(c) (with effect from November 9, 1985) for clause 5 which read as under:

"(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."

89.

See footnote 82. Article 92 originally read as under:

"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."

90.

See footnote 82. Article 93 originally read:

"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."

91.

See footnote 82. Article 94 originally read:

"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.

92.

See footnote 82. Article 95 originally read as under:

"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."

93.

See footnote 82. Article 96 originally read as under:

"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"

94.

Article 96A was inserted by the Constitution (Seventh Amendment) Act, 1977 (23 of 1977) section 2 (with effect from April 21, 1977) and under clause 3, sub-section 1, section I, of the said Act ceased to be in force on September 13, 1977. It read:

"96-A.: 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."

95.

See footnote 2.

96.

Substituted by P.O.No. 14 of 1985, Art. 2 and Sch. item 21 (with effect from March 2, 1985), for Article 99 which read as under:

"99.: (1) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the Federal Government, and the validity of an order or instrument which is so authenticated shall not be cal led in question on the ground that it is not an order or instrument made or executed by the President.; (2) The Federal Government may regulate the allocation and transaction of its business and may for the convenient transaction of that business delegate any of its functions to officers or authorities subordinate to it.