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No-Confidence Motion: the Constitutional Consequences

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Several Articles in the Constitution of Pakistan deal with the process of the no-confidence motion; prescribing the legal consequences against the Prime Minister of Pakistan. A vote of no-confidence against the prime minister would be conducted by an open vote by division as per Constitution. And if the Prime Minister loses the confidence of the majority of the members of the National Assembly, the entire federal government has to resign. Till the election of a new Prime Minister, the ousted prime minister would continue as a transitory head.

The first step for the vote of no-trust motion would be that if the National Assembly is not in session as per article 54 of the Constitution to file a requisition for summoning the House and that requisition must be signed by at least one-fourth of members of the total House. The speaker of the National assembly would have a maximum of 14 days to summon the session. As per article 95 of the Constitution, a vote of no-confidence against the prime minister requires at least 20 per cent of the total MNAs, which means that 68 members have to sign a resolution for it to be voted on. After the Assembly in session, the Secretary of National Assembly would circulate a notice for a no-confidence resolution, which will be moved on the next working day. As per Article 95 (2) of the Constitution, the proceedings of vote of no confidence would not take place before the expiry of three days or not later than seven days.

If the resolution of the vote of no confidence would be passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office, the Prime Minister as per Article 95 of the Constitution would cease to hold the office and his cabinet would also be dissolved simultaneously. As per Article 58 of the Constitution, the Prime Minister cannot go for the dissolution of national assembly 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.

As per article 95 of the Constitution, a vote of no-confidence against the prime minister requires at least 20 per cent of the total MNAs.

As per Article 48 of the Constitution, the President would dissolve the national assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, and no other member of the national assembly command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose. As per Article 94 of the Constitution, the President can ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister.

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Through the 18th amendment in Constitution, Article 63A has been introduced whereby if a member of a Parliamentary Party composed of a single political party in a House votes or abstains from voting in the National Assembly contrary to any direction issued by the Parliamentary Party to which he belongs, in relation to the election of the Prime Minister or the Chief Minister or a vote of confidence or a vote of no-confidence he would be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner of Pakistan and further before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him. The said Article of the Constitution has further described that the Presiding Officer of the House shall within two days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within 30 days of its receipt by the Chief Election Commissioner.

As soon as the Election Commission of Pakistan would confirm the declaration, the member of the National Assembly who violated the directions of Party Head shall cease to be a member of the National Assembly and his seat shall become vacant. However, the aggrieved member of the National Assembly by the decision of the Election Commission would have the right within 30 days to file an appeal to the Supreme Court, which shall decide the matter within 90 days from the date of the filing of the appeal.

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Via DT

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Democracy

The Political Imbroglio And The Solution

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It is unfortunate that despite being 75 years old, the country’s political and economic crisis is far from over. The leaders bereft of understanding and sensibility continue to exchange barbs in Assembly as well as through Press Conferences using derogatory language against each other crossing all moral frontiers.

The Political disarray and instability have impacted the Economy to the extent that the Dollar has rocketed upwards while the rupee continues to lose its value and slipped to its bottom due to falling exports and depleting foreign exchange reserves. IMF program on tough conditions and regulations has jolted the whole economic system and turbulent political instability has further worsened the situation to an alarming condition ahead if the incompetence continues to haunt the economic policies

In such circumstances, the political parties should show restraint and take serious steps to resolve this impasse that has overcast the clouds of uncertainty. The people are more concerned regarding the state and the fear of Default than their Political Parties or dirtiest political conspiracies and tactics to stick to corridors of power.

They have almost forgotten their role as reformers and problem solvers instead of just creating such a mess that is deteriorating the situation with each Passing Day. The Main Stream parties such as PPP, PML –N and JUI have joined hands to defend their overtures whether taking place by hook or crook. Their 15-party coalition seems to be at daggers drawn towards PTI as they have forgotten their national role to take the people out of the crisis. PTI is under the radar of the ruling coalition as the narrative built by Imran Khan has dusted their political future.

The tested and tried parties have got the power through conspiracy. However, they claim to have the legitimate right to rule the country by amending NAB laws and depriving overseas Pakistanis of the right to Vote fearing that extending the right to vote and EVM  may take these corrupt elements out of Election Winning race.

 Since they are well aware that the overseas Pakistanis have strong support for PTI so they want them out of Electoral Process. The Evil designs of this rejected class are crystal clear that they are not sincere with those expats from whose exchange the Pakistan economy gets strong support.

Furthermore, the governance crisis in the biggest province of Pakistan Punjab has further aggravated the situation. Since the resignation of CM Usman Buzdar, Punjab has been run either on an Adhoc basis without any Government or as Trust. The musical chairs between Hamza Shahbaz and Chaudhry Pervez for Punjab’s top slot have already messed up the situation and created a political crisis. Though the Supreme Court decision in favour of PTI Nominee Chaudhry Pervez Ellahi has so far cleared the air for time being.

Luckily, PTI and PML-Q coalition has been successful in installing their Government in Punjab and winning Speaker and Deputy Speaker slots. Though, the PML-N-led coalition has challenged the Speaker Election in the High court which is also ringing alarm bells if the high court terms the Speaker’s Election null and void.

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It is beyond understanding that on the one hand PTI demands General Elections to bring Political and Economic Stability of the country but on the other hand, it wants to hold Provincial Governments of KPK and Punjab. Especially, after regaining power in Pakistan’s largest provinces, PTI seems to have backed out from its General Elections Demand.

The existing Constitutional crisis is far from over as both PTI and PDM-led coalition are at loggerheads and making every effort to destabilize the PTI Government in  Punjab province, without it, the coalition appears to be limited to Federation as PTI has Government KPK and Punjab Province.

The politics of revenge, opposition, Ego and stubbornness has shaken the very roots of the country. The economic and political crisis seems to have no signs of ending given the polarized and selfish nature of the leaders.

The political imbroglio starting from the no-confidence motion is far from over as it is deepening with each passing day.

 The leadership crisis is evident from the prevalent state of affairs when the dollar is rising against the rupee and depleting foreign exchange reserves ring the alarm bells for the country but our political parties being devoid of sensibility continue infighting over the lust for power or the throne.

The Political theatre has opened many fronts that are increasing the risky journey ahead that includes electoral reforms, delimitation, falling rupee and terms of engagement with the IMF program and efforts to get the IMF tranche released. Even the Army chief approached the US to expedite the release of the tranche so the emerging economic crisis could be tackled and falling foreign exchange reserves could be increased.

The fuel price hike has already created inflation costing heavily to common men but the so-called coalition parties in power just show their teeth in mass gatherings that everything is going fine. Their non-serious attitude shows that they will not provide any relief to common people. They are concerned about the power and want to retain it for a long time as they believe that PTI after the en masse resignations saga, are out of the contest and they will not experience any opposition as PTI is not mulling over returning to Parliament terming the multi-party coalition as a mixed pickle.

The PTI terms the coalition as an imported Government since it was formed with external support. If the PTI MNAs return to Assembly, they will have the feeling that on their Government benches, they will find those criminals who were either convicted or sentenced.

Meanwhile, the acceptance of 11 MNAs of PTI by the Speaker National Assembly and their subsequent denotifying notification by the Elections Commission of Pakistan has added fuel to fire in the already polarized and turbulent political situation.

Fearing the adverse decision in the alleged Foreign Funding case by the Election Commission of Pakistan, the PTI passed Resolutions in both Punjab and KPK Assemblies demanding the resignation of the Chief Election Commissioner. Even PTI has decided to register a reference in the Supreme Court of Pakistan against Chief Election Commissioner Sikandar Sultan Raja and their Members.

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The establishment being neutral or apolitical must come forward to unite the political forces so that the strategy is devised to revive economic growth and stop the rupee from further losing value. The judiciary is performing very well since it is proactive to help prevent the country from falling prey to turbulent political and constitutional crises.

Political leaders have their priorities than those of national interest which is causing the economy and stock market to crash.

The political debacle emancipating in Punjab Assembly has engulfed the entire country since all coalition parties were pressing hard to make full court to hear the case of Deputy speaker Mr Dost Mohammad Mazari’s ruling regarding PML-Q Party Chief alleged letter calling the MPAs to vote for Hamza Shehbaz instead of the Parliamentary party nominee Chaudhry Pervez Illahi who had a thumping majority in the House with 186 Votes against Hamza bagging 179 votes. But it was rejected by Supreme Court clarifying that the Full bench is not needed to decide the case and decided the case in favour of Chaudhry Pervez Illahi terming the Deputy speaker’s ruling null and void.

Since then the Political weather has become very hot and PML N-led coalition Government has built pressure on ECP to announce foreign funding cases of PTI to continue their political rivalry as they want that the PTI should be banned and Imran Khan should be sentenced for receiving funding from Israel and India. Their reliance on the outcome of PTI’s foreign funding case is aimed at Political rivalry with PTI chief Imran Khan and his Party due to its narrative of corruption.

The decision was reserved for eight years but finally, it is being announced after the ruling coalition exerted too much pressure on the Election Commission of Pakistan. The PTI will eventually challenge the decision. Political analysts are of the view that the Political crisis will further deepen and will further aggravate economic conditions and the Pakistani Rupee Slide against Dollar.

It is the need of the hour to have the charter of Economy and reach the consensus to hold early General Elections so that the Economic and Political situation may be stabilized with a new Government with a simple majority whoever gets it.

The concerns and fears do predict that ECP’s sudden decision to announce the foreign funding case will create the worst political crisis which will risk the economy and provide the opportunity for the country’s foes to conspire against the fragile state of affairs.

Let’s hope that whatever happens, it should not have any adverse effect on the country’s disarrayed political arena because the economic crisis, increasing Power tariffs and skyrocketing inflation have already made the life of common men miserable and the uncertain situation presenting a grim outlook that is dangerous for the country.

It is imperative for all the parties to sign a charter of the Economy so that economic conditions could be improved. It is in the national interest to have an apolitical COE that can put the economy on the right track.

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Analysis

Back to Square One

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The consequences of the agitation started by the opposition from day one could not have been different from what the legal and constitutional crisis we are having today. We have made every institution controversial. The fairness and transparency of no subsequent election after the fateful elections of 1970 have been recognised. The Armed Forces of the country, the superior judiciary, the Accountability Bureau, the law enforcing agencies, the election commission all have been mauled at the altar of our petty political controversies.

This is not the time to lament our disappointing tryst with democracy in the past. It would be in order to review the current political crisis in correct perspective. The elections of 2018 were held under interim governments in the centre and provinces, chosen by both the ruling party and opposition by the election commission headed by a consensus chairman. The law and order was maintained by the army and rangers. The election results were, as usual, challenged by the loosing political parties. They even announced to not take oath.

However, this controversy resulted in the formation of PDM for political agitation. This agitation intensified with the increasing pace of the accountability of the known political leaders finding its way in the parliament with the ruling party and the combined opposition trading barbs and using highly provocative, vituperative and derogatory sobriquets against each other. The National Assembly practically remained dysfunctional. Even issues of national importance got obscured in this political hostility and bitterness though the deadly Covid-19, the tottering economy, Modi Sarkar’s cruel raid on the autonomous state of Jammu and Kashmir, the fast-changing situation in Afghanistan, and the Gulf Region all demanded a concerted national move.

The armed forces, the superior judiciary, the accountability bureau, the law enforcing agencies and the election commission have all been mauled at the altar of our petty political controversies.

This was not the first time the politicians have landed this country into such a legal and constitutional absurdity. The second half of 1970s was marred by a more absurd political controversy culminating in the overthrow of an elected government by a dictator, the ominous slogan of accountability first and elections later, the arrest, mock trial and execution of the most popular leader of the country, the eleven years of absolute dictatorship and a renewed cycle of agitation for restoration of democracy. The years of 1990s witnessed the repeat of the earlier political controversies paving the way for another extra constitutional takeover. Can our worthy politicians tell us how long this vicious circle of political intolerance, immaturity and hostility will last?

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The Prime Minister Imran grossly erred in handling the heightening political move against him. Though the political controversy has sent his public popularity soaring to the sky as revealed by his recent mammoth public meetings, he could not muster the courage to face the No Confidence Motion with grace. In my twitters one day before the fateful session of the National Assembly, I had advised him to try to win the No Confidence Motion and then get the Assemblies dissolved for a new mandate. And that if he fails to win the NCM, he should make a graceful exit speech and go to the people. As a political martyr free from incumbency, and his surging public popularity, he will have clear majority in any fair and transparent election.

He followed a bad advice getting the National Assembly dissolved under controversial circumstances. The opposition seems unwilling to go for quick elections. Firstly, they are daunted by the sudden and unexpected surge in the popularity of Imran Khan. Secondly, they have plans to repeal certain laws relating to electronic voting machine and right to oversee Pakistanis to vote in general elections. Thirdly, they want to prune the wings of the Accountability Bureau and get relief in cases against leading opposition leaders from courts and facilitate the home coming of the senior Sharif. Fourthly, they also want to use their new-found political power to dent the popularity of their lone opponent probably by implicating him in some concocted cases.

Via DailyTimes

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Politics

President Alvi dissolves National Assembly on PM Imran’s advice

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President Dr Arif Alvi on Sunday dissolved the National Assembly on Prime Minister Imran Khan’s advice under Article 58 of the Constitution.

“The president of Pakistan, Dr Arif Alvi, has approved the advice of the prime minister of Pakistan to dissolve the National Assembly under the Article 58 (1) read with Article 48(1) of the Constitution of the Islamic Republic of Pakistan,” according to a statement issued by the President’s Secretariat.

According to Article 58, “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.”

The premier’s announcement came moments after National Assembly Deputy Speaker Qasim Suri, who was chairing today’s session, dismissed the no-confidence resolution against Prime Minister Imran Khan before voting could take place, terming it a contradiction of Article 5 of the Constitution, which says loyalty to the state is the basic duty of every citizen.

The government claims that the no-trust motion against the premier was a “foreign funded conspiracy”, citing a ‘threat letter’ that was received from a foreign country through Pakistan’s ambassador, asking for the removal of PM Imran.

The military, meanwhile, distanced itself with the political developments in the country. “Army has nothing to do with the political process,” Major General Babar Iftikhar, the head of the military’s public relations wing, told Reuters in response to a question about the institution’s involvement in Sunday’s developments.

In his address today, Prime Minister Imran congratulated the nation for the no-trust motion being dismissed, saying the deputy speaker had “rejected the attempt of changing the regime [and] the foreign conspiracy”.

The premier said he had been receiving messages from many people who were worried, adding that “treason” was being committed in front of the nation. “I want to say, ‘ghabrana nahi hai‘ (do not worry). God is watching over Pakistan.”

He said he had written to the president with advice to dissolve the assemblies, adding that the democrats should go to the public and elections should be held so the people could decide who they wanted in power.

Prime Minister Imran said the “billions of rupees” that had been spent to “buy” lawmakers’ votes would be wasted and advised those who had taken money to donate it to orphanages and the poor.

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“Prepare for elections. No corrupt forces will decide what the future of the country will be. When the assemblies will be dissolved, the procedure for the next elections and the caretaker government will begin,” he added.

Shortly afterwards, Information Minister Fawad Chaudhry said the prime minister’s advice to dissolve the National Assembly had been sent to President Dr Arif Alvi under Article 58 of the Constitution.

In a separate tweet, he said the cabinet had been dissolved while PM Imran would continue in office under Article 224 of the Constitution, which is related to elections and by-elections.

According to the article, after the dissolution of the NA, the president, in consultation with the prime minister and the leader of the opposition, would appoint a caretaker prime minister.

It further states: “When the National Assembly or a provincial assembly is dissolved, a general election to the assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls.”

PM offers explanation of NA proceedings

Later in the day, PM Imran, while talking to his party officials, said he wanted to explain what had happened in the NA since “the opposition still can’t understand [what has happened].”

He said a meeting of the National Security Council (NSC) had “clearly said” that the no-confidence motion was subject to a foreign interference.

The premier said that in the NSC meeting attended by all the security chiefs, the minutes of the meeting and conversation between Pakistan’s former US ambassador Asad Majeed and Assistant Secretary of State for South and Central Asian Affairs Donald Lu were released in which it was “confirmed that it (no-trust motion) was a plan made from abroad in which Pakistan’s internal politics were meddled with”.

The prime minister alleged that US embassy officials had also met PTI dissidents, questioning the need for them to do so. He claimed that the meetings were a part of the no-confidence vote against him.

“When the country’s highest security body confirms it (the conspiracy) then these the NA proceedings and the number of [MNAs] there was irrelevant.”

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Rashid wishes dissolution of Punjab, KP assemblies as well

Addressing a press conference in Islamabad, Awami Muslim League chief Sheikh Rashid said it was his wish that provincial assemblies in Punjab and Khyber Pakhtunkhwa were dissolved as well but the prime minister had not decided on the issue yet.

Rashid added he had suggested to the premier to impose emergency rule but it was disregarded since the apex court would have rejected such a move. He said it was his wish that general elections be held after Haj.

Meanwhile, Minister of State for Information and Broadcasting Farrukh Habib said new elections would be held in 90 days.

Earlier today, Information Minister Chaudhry, who took the floor shortly after the NA session began, said that loyalty to the state was the basic duty of every citizen under Article 5(1). He reiterated the premier’s earlier claims that a foreign conspiracy was behind the move to oust the government.

“On March 7, our official ambassador was invited to a meeting attended by the representatives of other countries. The meeting was told that a motion against PM Imran was being presented,” he said, noting that this occurred a day before the opposition formally filed the no-trust move.

“We were told that relations with Pakistan were dependent on the success of the no-confidence motion. We were told that if the motion fails, then Pakistan’s path would be very difficult. This is an operation for a regime change by a foreign government,” he alleged.

The minister questioned how this could be allowed and called on the deputy speaker to decide the constitutionality of the no-trust move.

Suri, who chaired the session after opposition parties, in a surprise move, filed a no-confidence motion against Speaker Asad Qaiser, noted that the motion was presented on March 8 and should be according to the law and the Constitution. “No foreign power shall be allowed to topple an elected government through a conspiracy,” he said, adding that the points raised by the minister were “valid”.

He dismissed the motion, ruling that it was “contradictory” to the law, the Constitution and the rules. The session was later prorogued.

Via DAWN

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