ARTICLE 94 AND ARTICLE 95

Article 94 Article 94 of the Constitution of Pakistan is a single clause which states the Presidential authority to ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister. In the current political situation, after the Cabinet Secretariat had issued a notification stating that the Premier

Article 94

Article 94 of the Constitution of Pakistan is a single clause which states the Presidential authority to ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister.

In the current political situation, after the Cabinet Secretariat had issued a notification stating that the Premier ceased to hold office due to the dissolution of the NA, Imran Khan continues as Prime Minister until the appointment of caretaker premier under Article 224-A (4).

Article 95

Article 95 of the Constitution of Pakistan is regarding the Vote of No-Confidence against the Prime Minister consisting of 4 clauses.

Clause (1) states that a resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly, which means 68 members, may be passed against the Prime Minister by the National Assembly. Therefore, meeting this criterion is essential for the vote of no-confidence to take place. The opposition met this target and filed the no-confidence motion in early March and the government had announced that the vote will take place on 28^th March 2022. The support of a simple majority, 172 of the total 342 members in the lower house of parliament is required and the opposition claims they have the numbers needed, with Fazl ur Rehman adding that they have been aiming for the number of 180.

Clause (2) states that a vote of no-confidence against the Prime Minister 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. Henceforth, delaying the no-confidence motion for more than 7 says is a clear violation of law under Article 95. The government has a responsibility to uphold the constitution and allow for voting without threats or violence on the no-confidence motion. Therefore, when the NA deputy speaker dismissed the no-confidence motion against the Premier on the basis of “foreign conspiracy” with a reference to Article 5, it really is a question for the courts whether the actions of deputy speaker fall within the ambit of his powers assigned to him by the constitution or whether he exceeded his powers by dismissing the voting for no confidence motion. The constitution has not mentioned any procedure or authority to dismiss a vote of no-confidence motion therefore, the Supreme Court adjourned on Monday its hearing on the legality of the dismissal of a no-confidence motion by NA Deputy Speaker Qasim Suri. In the Panama papers case PLD 2017 SC 265, it was stated that if a Court of competent jurisdiction on being approached by any of the parties found that the decision of the speaker/chairman was legally or factually incorrect, it could set aside such decision, and pass appropriate orders with the law and the Constitution. However, the decision rests with the SC on this matter.

Clause (4) is regarding the outcome of the vote of no-confidence. 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. A candidate for the office of Prime Minister needs a majority of legislators, a minimum of 172, to vote for him/her to become Prime Minister. That is the same number of votes needed to pass a no-confidence vote against him and his cabinet.

When the session takes place those who are for the motion exit from one gate and those against the motion exit from another gate. As they exit, the count begins. Once the hall is emptied, the counting is completed and everyone re-enters the hall. After this the speaker announces the result. If the vote of no-confidence is successful, the speaker submits the result to the president in writing and the secretary issues a notification to be gazetted. If Khan loses the vote, parliament can continue to function until its five-year tenure ends in August 2023, after which a general election is due within 60 days. When the prime minister is removed through a vote of no-confidence, his cabinet is also dissolved. Since it is an extension of the prime minister’s powers, a cabinet cannot exist without the leader of the House.

However, this entire scenario of a no confidence motion was blocked and to make the situation complicated, after the Premier was free of no-confidence motion according to the ruling of NA deputy speaker, he immediately sought to dissolve the National Assembly. The dissolution in itself falls under the powers of Prime Minister, along with him ceasing the office of the Premier with it. This is indeed what happened and now, a caretaker Prime Minister is to be appointed. Former Chief Justice Gulzar has been nominated by PTI, until then Imran continues as acting PM as referred to in Article 94. With the current political unrest, the situation seems to be in a deadlock until the SC rules otherwise.