مضمون کا ماخذ : TÀI XỈU
Pervaiz Elahi to continue until caretaker CM’s appointment
Hafiz Ahsaan Ahmad Khokhar, Advocate Supreme Court and a renowned constitutional expert, stated that major changes have taken place after 18th and 20th amendments in constitution regarding dissolution of assemblies and appointment of caretaker governments both at center and province, even which has never been in original constitution but have limited the role of president […]
Hafiz Ahsaan Ahmad Khokhar, Advocate Supreme Court and a renowned constitutional expert, stated that major changes have taken place after 18th and 20th amendments in constitution regarding dissolution of assemblies and appointment of caretaker governments both at center and province, even which has never been in original constitution but have limited the role of president and governor and increased the roles of chief executive of the country and chief executive of a province.
According to the constitutional expert, as per Article 112 of the constitution the governor shall dissolve the provincial assembly if so advised by the chief minister; and the provincial assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the chief minister has so advised, and in the present case as the chief minister punjab has given his advice for the dissolution of punjab assembly, the same would have given effect if not so by governor within 48 hours and the election would be held within 90 days. He said under Article 112 (1) of the Constitution, the Governor of a Province is bound and has no legal choice except to dissolve the Provincial Assembly if so advised by the Chief Minister.
According to Hafiz Ahsaan Ahmad Khokhar, the caretaker prime minister shall be appointed by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly, and that if the Prime Minister or a Chief Minister and their respective Leader of the Opposition do not agree on any person to be appointed as a care-taker Prime Minister or the care-taker Chief Minister, as the case may be, the provisions of Article 224A of Constitution shall be followed.
He said that in case the Prime Minister and the Leader of the Opposition in the outgoing National Assembly do not agree on any person to be appointed as the care-taker Prime Minister, within three days of the dissolution of the National Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the National Assembly, comprising eight members of the outgoing National Assembly, or the Senate, or Treasury and the Opposition, to be nominated by the Prime Minister and the Leader of the Opposition respectively.
He said that in case a Chief Minister and the Leader of the Opposition in the outgoing Provisional Assembly do not agree on any person to be appointed as the care-taker Chief Minister, within three days of the dissolution of that Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the Provincial Assembly, comprising six members of the outgoing Provincial Assembly having equal representation from the Treasury and the Opposition, to be nominated by the Chief Minister and the Leader of the Opposition respectively, and the Committee constituted under clause (1) or (2) shall finalize the name of the care-taker Prime Minister or care-taker Chief Minister, as the case may be, within three days of the referral of the matter to it and that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall be referred to the Election Commission of Pakistan for final decision within two days.
He said the incumbent Chief Minister shall continue to hold office till appointment of the care-taker Chief Minister as per Constitution.
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