212 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. |
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(2) |
In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers. |
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(3) |
The Prime Minister and the Federal Ministers shall be collectively responsible to the National Assembly. |
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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. |
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(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. |
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(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.
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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. |
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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.
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(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. |
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(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. |
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93. |
(1) |
The Prime Minister shall continue to hold office until his successor enters upon the office of Prime Minister. |
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(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. |
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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. |
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(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. |
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(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. |
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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. |
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(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. |
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(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. |
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(4) |
In this Article, "most senior Federal Minister means the Federal Minister for the time being designated as such by the Prime Minister. |
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96. |
(1) |
A resolution for a vote of no-confidence may be passed against the Prime Minister by the National Assembly. |
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(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. |
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(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. |
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(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. |
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(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.
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(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. |
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213 Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 28 (with effect from April 19, 2010) for :
90 |
Exercise of executive authority of the Federation.
214[(1)] 214 |
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. |
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215[
(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. |
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] 215 |
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216 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. |
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(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. |
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217[
(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. |
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] 217
(3) |
The person appointed under clause (2) 218[or as the case may be, invited under clause (2A)] 218 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. |
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(4) |
The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly. |
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219[
(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. |
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] 219
(6) |
The Prime Minister may, by writing under his hand addressed to the President, resign his office. |
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(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.
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(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. |
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219 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. |
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223 The following was omitted by
Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 1(3) (with effect from September 13, 1977) : :
224[
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. |
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(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. |
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(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. |
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(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. |
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(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. |
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] 224