What if prime minister dies
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.
The Prime Minister may, by writing under his hand addressed to the President, resign his office. 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.
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.
Federal Ministers and Ministers of State. Subject to clauses [ 9 and 10 ] 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 and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers [:] [ 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, 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.
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. 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.
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.
Vote of no-confidence against Prime Minister. 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. 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.
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. 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.
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 [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.
Conferring of functions on subordinate authorities. 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. Conduct of business of Federal Government. All executive actions of the Federal Government shall be expressed to be taken in the name of the President.
The [Federal Government] shall by rules specify the manner in which orders and other instruments made and executed [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. The Federal Government shall also make rules for the allocation and transaction of its business. Attorney-General for Pakistan.
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. In other news, watch Louis Theroux meet Joe Exotic.
Skip to content. Does Boris Johnson smoke? Christopher Weston. How would we replace a prime minister during a national emergency? Photo by Deniz Fuchidzhiev on Unsplash. Less than a month ago, Britain's prime minister was in an Intensive Care bed, infected with a virus that has killed more than 28, people in the UK since March.
Now that Boris Johnson has returned to work, it no longer seems ghoulish to ask what might have happened had he died. The pandemic has exposed a new problem in our constitutional arrangements, which we would be wise to address before it recurs. As a rather choleric gentleman on twitter was kind enough to remind me, prime ministers have died in office before. If Covid has taught us anything, it is the importance of keeping our contingency plans up to date. If we do not wish to pile a constitutional crisis on top of a future emergency, we should do some hard thinking now.
Historically, the constitutional situation was quite straightforward. The prime minister was not directly elected, but drew his or her mandate from the confidence of the House of Commons. When the need arose, Parliament could simply transfer its confidence from one person to another, vesting the new prime minister with exactly the same legitimacy as their predecessor.
The process was both flexible and commonplace: since , more than half of British prime ministers have taken office mid-term. Even the most unexpected vacancies could be swiftly filled. When Margaret Thatcher was decapitated by Geoffrey Howe in , it took just six days for John Major to be elected in her place.
In theory, that model remains unchanged. A prime minister must command the confidence of Parliament, and the monarch must appoint the person best-placed to do that. In practice, however, both the culture of British politics and the appointment of party leaders have changed radically. Party leaders increasingly draw their mandate from outside Parliament, in a way that makes it harder to replace them at speed.
This is partly a result of institutional change. Over the last two decades, both main parties have transferred the power to appoint their leader from MPs to party members.
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