Explainer: Supreme Court judgement on Speakers Ruling

The events occurring in the national assembly on the day the no trust motion was to be held inspired a suo motu action by the Chief Justice of Pakistan, Umer Ata Bandial. Subsequently, a five – judge bench was formed to decide the matter, in which the judges chose to limit themselves to the ruling

The events occurring in the national assembly on the day the no trust motion was to be held inspired a suo motu action by the Chief Justice of Pakistan, Umer Ata Bandial. Subsequently, a five – judge bench was formed to decide the matter, in which the judges chose to limit themselves to the ruling of Deputy speaker and refrained from getting involved in policy matters or foreign affairs. After five days of deliberation a unanimous decision was reached. It was ordered that the ruling of the deputy speaker Qasim Suri was against the letter of law and therefore of no legal effect (Article 95 of the Constitution of Pakistan 1973). Moreover, the prime minister’s advice to president Arif Alvi to dissolved the national assembly was also declared to be contrary to the law (Clause 1 Article 58) and any orders that were made as a result of it: going for early elections, appointment of care taker government and cabinet were nullified. Thus, the National Assembly was restored (Article 54 (3) ) and to resolve the looming constitutional crisis, the speaker of National Assembly Asad Qaiser was directed to conduct a session on the vote of no confidence in complete compliance with the law (Article 95), (Rule 37 of the Rules of Procedure and Conduct of Business in the National Assembly Rules, 2007) and the time frame given by the courts. This was to be succeeded by the election of a new Prime Minister as per (Article 91 of CoP 1973 read with rule 32 of the Rules of Procedure in National Assembly, 2007). The ruling however does not in any way effect the application of Article 63A.

Article 58(1)

The President shall dissolve the national assembly if so advised by the Prime Minister, and the national assembly shall unless sooner dissolved, stand dissolved at the expiration of forty eight – hours after the prime minister has so advised.

Explanation- Reference in this Article to “Prime Minister” shall not be construed to include reference to Prime Minister against whom a notice of a resolution for a vote of no confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

Article 54(3)

On a requisition signed by not less than one fourth of the total membership of the National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the assembly only he may prorogue it.

Article 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, not later than seven days, from the day on which such a resolution is moved in the National Assembly.

(4) If a 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.

Rule 37 of the Rules of Procedure and Conduct of Business in the National Assembly Rules, 2007

Resolution for vote of no – confidence against the Prime Minister- (1) A notice of a resolution under clause (1) of Article 95 shall be given in writing by not less than twenty per centum of the total membership of the Assembly.

(5) When the resolution is moved, the speaker may, after considering the state of business, allot a day or days for the discussion of the motion

(8) The assembly shall not be prorogued until the motion is disposed of or, if leave is granted, the resolution has been voted upon.

Article 91

The Cabinet

(4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:

(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:

Rule 32 of the Rules of Procedure

Election of the Prime Minister- (1) After the election of the Speaker and the Deputy Speaker following a general election or whenever the office of the Prime Minister falls vacant for any reason, the Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.