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.]
[81D]
[
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.]
[89]
[
92.
Federal Ministers and Ministers of State.
(1) Subject to clauses
[89A]
[(7) and (8)] 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 an d Ministers of
State who are members of the Senate shall not at any time exceed
one-fourth of the number of Federal Ministers
[89B]
[:]
[89C]
[
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.]
(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.]
[90]
[
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.]
[91]
[
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.]
[92]
[
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 offce.]]
[93]
96.
[94]
96A.
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
[95]
[Majlis-e-Shoora
(Parliament)] 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
[95]
[Majlis-e-Shoora
(Parliament)], 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,
[95]
[Majlis-e-Shoora
(Parliament)] may by law confer functions upon officers or
authorities subordinate to the Federal Government.
[96]
[
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
[96A]
[Federal Government] shall by rules specify the manner in which
orders and other instruments made and executed
[96B]
[in the name of the President] 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.
[96C]
[(3)
The Federal Government shall also make rules for the allocation and transaction of its business.]
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
[96D]
[and shall not engage in private practice so long as he holds the office of the Attorney-General].
(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.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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