Verbatim text
CONSTITU TION OF PAKISTAN
68 relation to a Provincial Assembly or a committee or members thereof or
the Provincial Government but so that —
(a) any reference in those provisions to 1Majlis -e-Shoora
(Parliament)], a House or the National Assembly shall be
read as a reference to the Provincial Assembly ;
(b) any refe rence in those provisions to the President shall be
read as a reference to the Governor of the Province;
(c) any reference in those provisions to the Federal
Government shall be read as a reference to the Provincial
Government;
(d) any reference in those provisi ons to the Prime Minister
shall be read as a reference to the Chief Minister;
(e) any reference in those provisions to a Federal Minister shall
be read as a reference to a Provincial Minister ; 2*
(f) any reference in those provisions to the National Assembly
of Pakistan shall be read as a reference to the Provincial
Assembly in existence immediately before the commencing
day 3[; and]
4[(g) the said clause (2) of Article 54 shall have effect as if, in
the proviso thereto, for the words "one hundred and thirty"
the word “5[one hundred]” were substituted .]
Ordinances
128. Power of Governor to promulgate Ordinances
128. (1) The Governor may, except when the Provincial Assembly
is in session, if satisfied that circumstances exist which render it necessary
to take immediate action, make and promul gate an Ordinance as the
circumstances may require.
(2) An Ordinance promulgated under this Article shall have the
same force and effect as an Act of the Provincial Assembly and shall be
subject to like restrictions as t he power of the Provincial Assembly to
make laws, but every such Ordinance —
1 See footnote 6 on page 3 , supra .
2 The word "and" omitted by the Constitution (First Amdt.) Act. 1974 (33 of 1974), s. 7 (w.e.f the 4th May.
1974).
3 Subs. ibid., s. 7 for full stop.
4 Paragraph (g) added ibid.,
5 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 40, for “seventy”.
CONSTITU TION OF PAKISTAN
69 (a) shall be laid before the Provincial Assembly and shall stand
repealed at the expiration of 1[ninety days] from its
promulgation or, if before the expiration of that period a
resolu tion disapproving it is passed by the Assembly, upon
the passing of that resolution 2[:]
3[Provided that the Provincial Assembly may by a
resolution extend the Ordinance for a further period of
ninety days and it shall stand repealed at the expiration of
the extended period, or if before the expiration of that
period a resolution disapproving it is passed by the
Assembly, upon the passing of that resolution:
Provided further that extension for a further period
may be made only once.]
(b) may be withdrawn at any time by the Governor.
(3) Without prejudice to the provisions of clause (2), an
Ordinance laid before the Provincial Assembly shall be deemed to be a
Bill introduced in the Provincial Assembly.
CHAPTER 3. – THE PROVINCIAL GOVERNMENTS
129. Exerc ise of executive authority of the Province
4[129. (1) Subject to the Constitution, the executive authority of the
Province shall be exercised in the name of the Governor by the Provincial
Government, consisting of the Chief Minister and Provincial Ministe rs,
which shall act through the Chief Minister.
(2) In the performance of his functions under the Constitution,
the Chief Minister may act either directly or through the Provincial
Ministers.]
130. The Cabinet
5[130. (1) There shall be a Cabinet of Min isters, with the Chief
Minister at its head, to aid and advise the Governor in the exercise of his
functions.
1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 41, for “three months”.
2 Subs. ibid., for “; and”.
3 Provisos Ins. ibid.
4 Subs. ibid., s. 42, for “Article 129”.
5 Subs. ibid., s. 43, for “Article 130”.
CONSTITU TION OF PAKISTAN
70 (2) The Provincial Assembly shall meet on the twenty -first day
following the day on which a general election to the Assembly is held,
unless soon er summoned by the Governor.
(3) After the election of the Speaker and the Deputy Speaker,
the Provincial Assembly shall, to the exclusion of any other business,
proceed to elect without debate one of its members to be the Chief
Minister.
(4) The Chief Minister shall be elected by the votes of the
majority of the total membership of the Provincial Assembly:
Provided that, if no member secures such majority in the first poll,
a second poll shall be held between the members who secure s the two
highest num bers of votes in the first poll and the member who secures a
majority of votes of the members present and voting shall be declared to
have been elected as Chief Minister:
Provided further that, if the number of votes secured by two or
more members securin g the highest number of votes is equal, further polls
shall be held between them until one of them secures a majority of votes
of the members present and voting.
(5) The member elected under clause (4) shall be called upon
by the Governor to assume the of fice of Chief Minister and he shall,
before entering upon the office, make before the Governor oath in the
form set out in the Third Schedule:
Provided that there shall be no restriction on the number of terms
for the office of the Chief Minister.
(6) The Cabinet shall be collectively responsible to the
Provincial Assembly and the total strength of the Cabinet shall not exceed
fifteen members or eleven percent of the total membership of a Provincial
Assembly, whichever is higher:
Provided that the afor esaid limit shall be effective from the next
general elections after the commencement of the Constitution (Eighteenth
Amendment) Act, 2010.
(7) The Chief Minister shall hold office during the pleasure of
the Governor, but the Governor shall not exercise his powers under this
clause unless he is satisfied that the Chief Minister does not command the
confidence of the majority of the members of the Provincial Assembly, in
which case he shall summon the Provincial Assembly and require the
Chief Minister to o btain a vote of confidence from the Assembly.
CONSTITU TION OF PAKISTAN
71 (8) The Chief Minister may, by writing under his hand
addressed to the Governor, resign his office.
(9) A Minister who for any period of six consecutive months is
not a member of the Provincial Assembly shal l, 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.
(10) Nothing contained in this Article shall be construed as
disqualifying the Chief Minister or any other Minister for continu ing in
office during any period during which the Provincial Assembly stands
dissolved, or as preventing the appointment of any person as Chief
Minister or other Minister during any such perio d.
(11) The Chief Minister shall not appoint more than five
Advisors.]
131. Governor to be kept informed
1[131. The Chief Minister shall keep the Governor informed on matters
relating to Provincial administration and on all legislative proposals the
Provincial Government intends to bring before the Provincial Assembly.]
132. Provincial Ministers
2[132. (1) Subject to clauses 3[(9) and ( 10)] of Article 130, the
Governor shall appoint Provincial Ministers from amongst members of the
Provincial Assembly o n the advice of the Chief Minister.
(2) Before entering upon office, a Provincial Minister shall
make before the Governor oath in the form set out in the Third Schedule.
(3) A Provincial Minister may, by writing under his hand
addressed to the Governor, resign his office or may be removed from
office by the Governor on the advice of the Chief Minister.
133. Chief Minister continuing in office
133. The Governor may ask the Chief Minister to continue to hold
office until his successor enters upon the offi ce of Chief Minister.]
134. [Omitted ]
1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 44, for “Article 131”.
2 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "Articles 132 and 133".
3 Subs. by the Act, No. 10 of 2010, s. 45, for “(7) and (8)”.
CONSTITU TION OF PAKISTAN
72 134. [Resignation by Chief Minister] Omitted by P.O. No. 14 of 1985,
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