A constitution is a set of fundamental principles or established precedents according to which a state or other organization is govern. It typically defines the powers and duties of government and the rights and responsibilities of citizens or members of the organization.
Meaning of constitution
Overview of Article 95 of the Constitution of Pakistan
Article 95 is an integral provision in Pakistan’s Constitution that outlines the process for expressing no confidence against the Prime Minister. Adopted in 1973, this landmark law forms the basis of democratic governance with Article 95 playing an indispensable role in maintaining checks and balances within it. This blog post delves further into its meaning by exploring its key points as well as exploring its impact on democracy in Pakistan.
Article 95 States
95. Vote of no-confidence against Prime Minister
- A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.
- A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly.
- A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement.
- If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.
Key Points of Article 95 of the Constitution of Pakistan
- Initiation of the Vote: A vote of no-confidence can be initiated by a resolution moved by not less than twenty percent of the total membership of the National Assembly. This provision ensures that such a significant decision has substantial support within the legislative body.
- Timing of the Vote: Once a resolution has been introduced, a set timeline is in place for voting purposes. The National Assembly must vote within three to seven days from when it was introduced – providing ample time for careful consideration while preventing hasty decisions.
- Restrictions on Timing: Importantly, Article 95 imposes a limitation on when the resolution can be moved. It cannot be initiated while the National Assembly is in the process of considering demands for grants submitted in the Annual Budget Statement. This safeguard prevents disruptions during critical budgetary deliberations.
- Outcome of the Vote: If the resolution for a vote of no-confidence is passed by a majority of the total membership of the National Assembly, the Prime Minister is compelled to cease holding office. This outcome underscores the power of parliamentary accountability in shaping the executive leadership of the country.
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Crux of Article 95 of the Constitution of Pakistan
A vote of no-confidence (also known as a motion of no-confidence or vote of censure) is a parliamentary vote in which members of the legislative body express their lack of confidence in the government or prime minister. In Pakistan, any member of the assembly can initiate a vote of no-confidence against the prime minister in the National Assembly (the lower house of parliament).
To pass, a vote of no-confidence in the National Assembly requires the support of a simple majority (more than half) of the assembly members. If the motion is passed, the prime minister and the government must resign. If the prime minister does not resign, the President of Pakistan can dissolve the National Assembly and call for new elections.
A vote of no-confidence is a rare and serious event, as it demonstrates that a significant portion of the legislature has lost faith in the ability of the government to effectively lead the country. It is typically used as a last resort when other efforts to address government performance concerns have failed.
It is important to note that a vote of no-confidence is not the same as a vote of impeachment, which is a legal process for removing a government official from office for misconduct. In Pakistan, the process for impeaching the prime minister is outlined in Article 89 of the Constitution.
Overall, a vote of no-confidence against the prime minister of Pakistan is a significant event that can have serious consequences for the government and the country. It is an important mechanism for holding the government accountable to the people and helps ensure that the government can effectively carry out its duties and responsibilities.
Conclusion: Article 95 of the Constitution of Pakistan
In conclusion, Article 95 of Constitution of Pakistan outlines the qualifications and disqualifications for membership in the National Assembly, a lower house of the Parliament of Pakistan. To qualified to be elected as a member of National Assembly, a person must meet certain criteria, such as being a citizen of Pakistan, being at least 25 years old, being of good character, and not being insolvent (bankrupt).
There are also certain circumstances under which a person may be disqualified from being elected as a member of National Assembly, such as holding an office of profit in service of Pakistan, being convicted of crime, being declared of unsound mind by court, or being dismissed from government service for corruption or misconduct.
Overall, Article 95 of Constitution of Pakistan ensures that only individuals who meet certain standards of character and integrity can hold elected office in the country. It is an important aspect of the democratic process in Pakistan. It helps to ensure that the government is accountable to the people.
