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Overview of Article 100 of the Constitution of Pakistan
Article 100, found tucked within the legal boundaries of Pakistan’s 1973 Constitution, provides an outline for the role and responsibilities of Attorney-General for Pakistan. It defines their appointment, tenure, duties and rights – making this provision key in Pakistan’s governance framework. We explore its significance here with an in-depth exploration of Article 100 highlighting key points such as significance, key points and how this provision has had an effectful legal landscape of our nation.
Article 100 States
100. 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.
- The Attorney-General shall hold office during the pleasure of the President 232[and shall not engage in private practice so long as he holds the office of the Attorney-General.
- 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.
- The Attorney-General may, by writing under his hand addressed to the President, resign his office.
Key Points of Article 100 of the Constitution of Pakistan
- Appointment by the President: The President possesses the authority to appoint someone as Attorney-General for Pakistan. Their appointment must meet all qualifications to become a Judge of the Supreme Court; thus emphasizing legal knowledge and expertise as essential elements in fulfilling this role.
- Tenure and Engagement: The Attorney-General serves at the pleasure of the President, reflecting the discretionary nature of their appointment. While in office, an AG cannot engage in private practice so as to dedicate undivided attention towards fulfilling their responsibilities.
- Duties and Responsibilities: The primary duty of the Attorney-General is to provide legal advice to the Federal Government on various legal matters. Additionally, they are entrusted with other legal duties referred or assigned by the Federal Government. This broad mandate underscores the Attorney-General’s role as a legal advisor and representative of the government.
- Right of Audience: In the performance of their duties, the Attorney-General has the right of audience in all courts and tribunals in Pakistan. This grants them the authority to represent the government’s position in legal proceedings, further emphasizing their crucial role in the legal system.
- Resignation Option: Article 100 recognizes the Attorney-General’s right to submit their written resignation directly to the President should they choose to step down from their role as Attorney-General. This provides them with an easy means of doing so should this become necessary.
Crux of Article 100 of the Constitution of Pakistan
The crux of Article 100 lies in establishing a legal framework for the appointment and functioning of the Attorney-General for Pakistan. By vesting the power of appointment in the President and outlining specific conditions, duties, and rights, the provision ensures that the individual occupying this vital position possesses the requisite legal expertise and acts in the best interests of the Federal Government.
Conclusion: Article 100 of the Constitution of Pakistan
In conclusion, Article 100 stands as a cornerstone in the legal architecture of Pakistan. Its meticulous provisions ensure that the Federal Government benefits from the guidance and representation of a qualified legal professional in the form of the Attorney-General. As we navigate the intricacies of the 1973 constitution of Pakistan, Article 100 emerges as a testament to the nation’s commitment to justice, legal acumen, and effective governance.