The federal government
(1) 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.
[[(2) nothing
contained in clauses (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]
[91. (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.
[(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.]
(3) The person
appointed under clause (2) [or as the case may be, invited under clause
(2A)] 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.
88[(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.]
(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.]
[92. (1) Subject to
clauses (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.
(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. (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. The President
may ask the Prime Minister to continue to hold office until his successor enters
upon the office of Prime Minister.]
[95. (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.]]
96.
96A.
97. Subject to the
Constitution, the executive authority of the Federation shall extend to the
matters with respect to which [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 [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. On the
recommendation of the Federal Government, [Majlis-e-Shoora (Parliament)]
may by law confer functions upon officers or authorities subordinate to the
Federal Government.
99. (1) All
executive actions of the Federal Government shall be expressed to be taken in
the name of the President.
(2) The
President shall by rules specify the manner in which orders and other
instruments made and executed in his name 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.
(3) The
President shall also make rules for the allocation and transaction of the
business of the Federal Government.]
100. (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.
(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.