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.
|
|
|
|
]
92
| Federal Ministers and Ministers of State.
(1)
|
Subject to clauses 226[(9) and (10)] 226 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 227[:] 227
228[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.
] 228
|
|
(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.
|
|
|
|
]
218
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.
|
|
|
|
219
Substituted by
Constitution (Eighteenth Amendment) Act, 2010, Section 28
(with effect from
April 19, 2010) for :
90
| Exercise of executive authority of the Federation.
220[(1)] 220
|
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.
|
|
221[
(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. |
|
|
] 221 |
|
222
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.
|
|
223[
(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.
|
|
] 223
(3)
|
The person appointed under clause (2) 224[or as the case may be, invited under clause (2A)] 224 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. |
|
225[
(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.
|
|
] 225
(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.
|
|
|
|
225
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.
|
|
229
The following was omitted by
Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 1(3)
(with effect from
September 13, 1977) : :
230[
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.
|
|
|
|
] 230