Overview of Article 105 of the Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, serves as the foundational legal document that governs the country. Among its many articles, Article 105 holds particular importance, delineating the powers and obligations of the Governor within the political framework. In this blog post, we embark on a comprehensive exploration of Article 105, shedding light on its nuances and implications in the constitutional landscape.
Article 105 States
105. Governor to act on advice, etc.
- Subject to the Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice of the Cabinet, or the Chief Minister.
Provided that within fifteen days the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall , within ten days, act in accordance with the advice tendered after such reconsideration. - The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister or the Cabinet shall not be inquired into in, or by, any court, tribunal or other authority.
- Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,-
- appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and
- appoint a care-taker Cabinet.
- The provisions of clause (2) of Article 48 shall have effect in relation to a Governor as if reference therein to “President” were reference to “Governor”.
Key Points of Article 105 of the Constitution of Pakistan
- Adherence to Cabinet or Chief Minister’s Advice: The cornerstone of Article 105 lies in the Governor’s obligation to act upon the advice tendered by the Cabinet or the Chief Minister. This ensures a cohesive approach to governance and decision-making within the constitutional framework.
- Governor’s Right to Reconsideration: A distinctive feature of this article is the provision granting the Governor the right to request reconsideration of the advice received. This safeguard allows for a thoughtful and deliberative approach to decision-making, with a window of fifteen days provided for such reconsideration.
- Non-Inquiry Clause: Article 23 prohibits any inquiries into advice provided to the Governor by outside entities such as courts and tribunals. This provision protects confidentiality by keeping outside entities from prying into what advice was actually given.
- Provisions Regarding Assembly Dissolution: In the event of the Governor dissolving the Provincial Assembly, Article 105 delineates specific actions to be taken, including setting a timeline for a general election within ninety days and appointing a care-taker Cabinet. These provisions ensure a smooth transition during periods of political change.
- Alignment with Article 48: The article references Article 48, specifying that certain provisions related to the President are applicable to the Governor. This interconnection underlines the constitutional coherence in the distribution of powers.
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Crux of Article 105 of the Constitution of Pakistan
At its core, Article 105 embodies the delicate balance between executive powers and democratic principles. By mandating the Governor to act on advice, the article promotes collective decision-making, fostering a collaborative governance model. The provision for reconsideration adds a layer of prudence, allowing for a second look at crucial decisions, thereby mitigating the risks of hasty or ill-informed choices.
The non-inquiry clause safeguards the integrity of the decision-making process, recognizing the importance of confidentiality in high-stakes political matters. Additionally, the specific provisions related to the dissolution of the Provincial Assembly demonstrate the article’s adaptability to different political scenarios, ensuring a stable and lawful transition during times of political flux.
Conclusion: Article 105 of the Constitution of Pakistan
Overall, Article 105 of Pakistan’s Constitution stands as a cornerstone of constitutional governance, weaving together executive authority, democratic ideals, and political stability into an intricate web. Carefully drafted as part of Pakistan’s 1973 constitution, its provisions continue to play an essential role in shaping its political landscape today; by exploring further into Article 105 we can uncover not only legal intricacies but also an essential constitutional framework designed to manage governance complexity effectively.
