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Overview of Article 92 of the Constitution of Pakistan
The Constitution of Pakistan, enacted in 1973, serves as the supreme law of the land, providing the framework for governance. Among its myriad articles, Article 92 stands as a pivotal element governing the appointment, responsibilities, and limitations of Federal Ministers and Ministers of State. In this blog post, we delve into the nuances of Article 92, shedding light on its key provisions and implications.
Article 92 States
92. Federal Ministers and Ministers of State.
- Subject to clauses (9) and (10) of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister:
Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers:
Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total membership of Majlis-e-Shoora (Parliament):
Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.
- Before entering upon office, a Federal Minister or Minister of State shall make before the President oath in the form set out in the Third Schedule.
- A Federal Minister or Minister of State may, by writing under his hand addressed to the President, resign his office or may be removed from office by the President on the advice of the Prime Minister.
Key Points of Article 92 of the Constitution of Pakistan
- Limitations on Senate Members: Article 92 imposes a restriction on the number of Federal Ministers and Ministers of State who can be members of the Senate. This limitation, stipulating that their number should not exceed one-fourth of the total Federal Ministers, is designed to maintain a proportional representation from both houses of Parliament.
- Cabinet Strength Limit: The Constitution, through Article 92, sets a cap on the total strength of the Cabinet, including Ministers of State. This limit, not to exceed eleven percent of the total parliamentary membership, aims to prevent an unwieldy Cabinet, ensuring a focused and efficient decision-making process.
- Effective Date of Amendments: Notably, Article 92 incorporates a forward-looking perspective. Amendments related to the composition of the Cabinet, as per the Constitution (Eighteenth Amendment) Act, 2010, come into effect from the subsequent general election. This foresight underscores the adaptability of the constitutional framework to evolving political landscapes.
- Oath of Office: Prior to assuming office, a Federal Minister or Minister of State must take an oath, as specified in the Third Schedule. This procedural requirement adds a layer of formality and underscores the solemn commitment of these officials to their duties.
- Resignation and Removal: This article details both voluntary resignation and removal from office. For example, Federal Ministers or Ministers of State can submit their written resignation to the President; conversely, the President acting upon advice of the Prime Minister has the power to remove officials ensuring accountability within government.
Crux of Article 92 of the Constitution of Pakistan
At its core, Article 92 seeks to establish a robust and accountable system for the appointment and functioning of Federal Ministers and Ministers of State. By delineating the process of appointment, defining limitations on Senate members, and imposing a ceiling on the Cabinet’s size, the article aims to strike a balance between representation and efficiency.
Conclusion: Article 92 of the Constitution of Pakistan
In conclusion, Article 92 of the Constitution of Pakistan serves as a linchpin in the country’s governance structure. It not only outlines the method of appointment but also introduces safeguards and procedural requisites to ensure a functional and responsible Cabinet. As we navigate the intricacies of the 1973 constitution of Pakistan, Article 92 emerges as a cornerstone, reflecting the nation’s commitment to a parliamentary system that is both adaptable and accountable.