- 96A.
- Added by P.O. No. 14 and Sch. item 22 (with effect from March
2, 1985).
- 97.
- The words "after consultation with the Prime Minister" were
added by the Constitution (Eighth Amendment) Act, 1985, section
11(1) (with effect from November 9, 1985).
Subsequently, the words "after consultation with" were
replaced by the words "on the advice of" by section 3 of the
Thirteenth Amendment Act, 1997.
Subsequently, the words "on the advice of" were replaced by the words "after consultation with" by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 13.
- 98.
- Substituted by the Constitution (Fifth Amendment) Act, 1976 (62
of 1976), section 2, for full-stop (with effect from September 13,
1976).
- 99.
- The proviso added by the Constitution (Fifth Amendment) Act,
1976 (62 of 1976), section 2 (with effect from September 13, 1976),
which read:
- "Provided that, after the holding of the first general election
to the National Assembly, a person shall not be appointed to be the
Governor of the province of which he is permanent resident."
has been omitted by the Constitution (Eighth Amendment) Act,
1985, section 11(aa) (with effect from November 9, 1985).
- 100.
- Clause (2A) added by the Constitution (Fifth Amendment) Act,
1976 (62 of 1976), section 2 (with effect from September 13, 1976).
- "(2A) Nothing contained in the proviso to clause (2) shall
apply during the period that an Order under paragraph (c) of clause
(2) of Article 232 or a Proclamation under Article 234 is in
force"
The words "a Proclamation under Article 232 or Article 234 is in
force" were substituted for "an Order under paragraph (c) of clause
(2) of Article 232 or a Proclamation under Article 234 is in force"
by the Constitution (Seventh Amendment) Act, 1977 (Act 23 of 1977)
(with effect from April 21, 1977).
Clause 2A has omitted by the Constitution (Eighth Amendment)
Act, 1985, section 11 (b) (with effect from November 9, 1985).
- 101.
- Added by the Constitution (First Amendment) Act, 1974 (33 of
1974), section 6 (with effect from May 4, 1974).
- 102.
- Added by P.O.No. 14 of 1985, Art. 2 and Sch. item 22 (with
effect from March 2, 1985).
- 103.
- Added by the Constitution (Eighth Amendment) Act, 1985, section
11 (c) (with effect from November 9, 1985).
- 104.
- See footnote 2.
- 105.
- Substituted by P.O.No. 14 of 1985 Art. 2and Sch. item 23 (with
effect from March 2, 1985) for Article 105 which read as under:
- 105.
- (1) Subject to the Constitution, in the performance of his
functions, the Governor shall act on and in accordance with the
advice of the Chief Minister and such advice of the Chief Minister
and such advice shall be binding on him.
- The question whether any, and if so what, was tendered to the
Governor by the Chief Minister shall not be inquired into in any
court."
- 106.
- Substituted for the words "Chief Minister or appropriate
Minister" by the Constitution (Eighth Amendment) Act, 1985, section
12 (a) (i) (with effect from November 9, 1985).
- 107.
- Substituted by the Constitution (Eighth Amendment) Act, 1985,
section 12 (a) (ii) (with effect from November 9, 1985), for:
- "Provided that the Governor may require the Cabinet to
reconsider such advice, whether generally or otherwise, and the
Governor shall act in accordance with the advice tendered after
such reconsideration."
- 108.
- Proviso(omitted by the Constitution (Eighth Amendment) Act,
1985, section 12 (a) (iii) (with effect from November 9, 1985), it
read:
"Provided further that, in respect of the following matters, the
Governor shall, subject to the previous approval of the President,
act in his discretion, namely :-
- (a) appointment of the Chief Minister;
- (b) dismissal of a Cabinet which has lost the confidence of the
Provincial Assembly; and
- (c) dissolution of the Provincial Assembly, when an appeal to
the electorate is necessary."
- 109.
- Substituted for the words "the Cabinet or a Minister" by the
Constitution (Eighth Amendment) Act, 1985, sections 12 (b) (with
effect from November 9, 1985).
- 110.
- Substituted for the brackets and figure "(3)" by the
Constitution (Eighth Amendment) Act, 1985, section 12 (c) (with
effect from November 9, 1985).
