Overview of Article 101 of the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, is the supreme legal document that defines the structure and functioning of the state. Among its many articles, Article 101 stands as a pivotal element, delineating the appointment, qualifications, and tenure of Governors for each Province.
Article 101 States
101. Appointment of Governor
- There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister.
- A person shall not be appointed a Governor unless he is qualified to be elected as member of the National Assembly and is not less that thirty-five years of age and is a registered voter and resident of the Province concerned.
- The Governor shall hold office during the pleasure of the President and shall be entitled to such salary, allowances and privileges as the President may determine.
- The Governor may, by writing under his hand addressed to the President, resign his office.
- The President may make such provision as he things fit for the discharge of the functions of a Governor in any contingency not provided for in this Part.
Key Points of Article 101 of the Constitution of Pakistan
- Appointment Process: The President’s appointment of a Governor is contingent on the guidance provided by the Prime Minister. This reflects the collaborative nature of governance at the federal level.
- Qualifications for Governor: The article establishes stringent criteria for gubernatorial eligibility. Prospective Governors must meet the qualifications required for a member of the National Assembly, including being at least 35 years old and a registered voter and resident of the respective Province.
- Tenure and Removal: The Governor serves at the pleasure of the President, emphasizing the discretionary power vested in the executive. The Governor is entitled to a salary, allowances, and privileges determined by the President.
- Resignation: A Governor holds the autonomy to resign by submitting a written resignation to the President. This provision safeguards the voluntary withdrawal from the position.
- Contingency Provisions: The President is granted authority to make provisions for unforeseen circumstances, ensuring the continuity of governance even in situations not explicitly covered by the Constitution.
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Crux of Article 101 of the Constitution of Pakistan
At its core, Article 101 epitomizes the delicate balance between federal and provincial powers within the constitutional framework. The appointment process, stringent qualifications, and discretionary powers underscore the meticulous design intended to ensure competent and accountable provincial leadership.
The framers of the 1973 Constitution envisioned Governors as key figures in provincial governance, carefully selecting eligibility criteria to align the office with the responsibilities it carries. The discretionary powers vested in the President emphasize the need for flexibility in addressing unforeseen circumstances, providing a safety net for effective governance.
Conclusion: Article 101 of the Constitution of Pakistan
In conclusion, Article 101 of the Constitution of Pakistan serves as a cornerstone in the edifice of the nation’s governance. It navigates the intricate relationship between the federal and provincial spheres, defining the parameters of gubernatorial authority and responsibility. By delving into the details of this article, one gains profound insights into the meticulous design of the constitutional framework that shapes Pakistan’s political landscape.
Exploring the qualifications, appointment process, and contingency provisions, Article 101 mirrors the nation’s commitment to a robust and adaptive governance structure. As we dissect its nuances, we appreciate the careful consideration given to the selection and removal of Governors, safeguarding the democratic ideals embedded in the Constitution of Pakistan.
