Who and How the Country would run the State of Affairs in the Absence of Prime Minister



  • This burning question is hot topic among the media and parliamentarians. The situation arose, when PM Nawaz Sharif revisited England Hospital for check up and it was revealed that he had go undergo open heart surgery (most probably due some blocked coronary arteries or valve/s) and it is essentially required now.
    Now the fall out of the situation is, PM is on hospital bed awaiting the surgery on come Tuesday, and will be required a complete bed rest after the operation that might take at least three more weeks or so if all things go as expected. Now the problem is, some important events are in the recent pipeline, most importantly the budget which require cabinet meeting headed by the PM in person.

    Mr. S.M. Zafar, a noted seasoned lawyer, has come out with the statement that such a situation is already provided in the Constitution of Pakistan. In that he quoted Article 90(2) which reads as follows:

    (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers."

    I think the law is clear and there is no element of panic as being tried to be so by the media - a storm over a cup of tea.



  • what was the purpose of chodhry Perwaiz Ilahi in PPP era



  • The former CJP whose job it was to interpret the Consitution thinks otherwise. A detailed read out is recommended.

    http://www.dawn.com/news/1261235/govt-should-elect-interim-pm-in-nawazs-absence-says-former-cjp



  • This happens when a person lacking legal knowledge hides himself behind some noted person quotes. Man does not matter, what he says does matter. S. M. Zafar has quoted the constitution whereas ex CJ has given his opinion as a leader of a newly born political party. He did not quote any constitution article or sub article in support of his contention. He has quoted “rules of the business” which does not cover delegation of authority given to any federal minister.



  • Just a storm in a tea cup. Our media needs 24/7 sensational stuff in order to keep the ratings high and viewers glue to their channels no matter how irrelevant or absurd it might sound to an educated and knowledgeable viewer.

    PM is still holding day to day functions of the government over a phone link with his cabinet members. There is only a 3 day window when he will not be available at all i.e. when he will he be having his open heart surgery and a couple days after. Once he gain conscious he would be back to the business once again.

    I still remember during Benazir second government in mid 90s when she suddenly disappeared from the national television for 2/3 weeks while delivering her last child. Nobody made an issue at that moment and I think nothing will happen this time also.



  • Every one is against the Sharif(s)!!
    Poor PM
    Bibi Zinda Hai



  • All that hath cometh from HIM shalt return to HIM. Aur kawwon ke kosne se dhor naheen maraa kartay. It is entirely HIS domain. On the lighter side, yes on social media it looks like Mian sahib is a person most hated. But when ballot boxes are opened Mian Sahib proves he is the most liked person in Pakistan. And this is the ground reality.



  • "Mr. S.M. Zafar, a noted seasoned lawyer, has come out with the statement that such a situation is already provided in the Constitution of Pakistan. In that he quoted Article 90(2) which reads as follows:

    (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers.""

    Just curious!
    If this is so simple, then why they are wasting funds of the state by having a video link to discuss Finance Bill with PM. They could have issued a authorisation from PM to perform functions on his behalf.

    Also, can Federal Ministers authorise Army to go to war, if attacked by one of hostile neighbours, during the time that PM is not fully cognizant to make decisions.



  • Clause 2 of Article 90 is silent on "means of communicating the down delegation of authority", so video link or any other link is neither illegal nor violation of constitution. Regarding, in emergency like war, and when PM is not available in the country nor he is in a position to issue orders the senior federal minister assumes responsibility to issue orders. I hope this suffices your query.



  • @imtiazahmed In my opinion, video link doesn't suffice legal delegation of authority. Also, in federal cabinet of Pakistan there is no "senior minister".



  • That is your personal opinion which you are fully entitled to. But the legal position is the same. If the law does not specifically mention the benefit goes to committer. "There is no senior federal minister" is also your personal opinion and again you are fully entitle to this opinion. But all the cabinets have senior ministers.



  • @imtiazahmed There is no designation of "senior minister" in the constitution of Pakistan. Does being father-in-law of daughter of PM, makes Dar senior minister in Pakistan?

    Also there is a universal mechanism of legal delegation of authority, which applies to Pakistan also. So absense of specific method n constitution / laws, that definition shall apply.



  • For a moment I thought you are a well informed guy, but sorry to say you look to me a hearsay guy. The cabinet is divided in three groups viz. 1) Federal Ministers 2) Ministers of State 3) Advisors. All federal ministers are senior ministers. Now read Article 94(2):
    "2) The Prime Minister and, at the request of the Prime Minister, a Federal Minister shall continue to perform the functions of the office of Prime Minister or, as the case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office."



  • In a matter of few days PM will be back to business and with that this useless debate will die its own death. Since losers can't be choosers so they will keep arguing for the sake of argument.



  • @imtiazahmed said in Who and How the Country would run the State of Affairs in the Absence of Prime Minister:

    All federal ministers are senior ministers. Now read Article 94(2):
    "2) The Prime Minister and, at the request of the Prime Minister, a Federal Minister shall continue to perform the functions of the office of Prime Minister or, as the case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office."

    Can you please point to the version of the constitution you are referencing about article 94(2). With an URL.

    I suppose this must be a Pakistan definition of "Senior Minister" with respect to acting on behalf of PM while he is not cognizant. "All federal ministers are senior ministers."



  • OK Sir, I make it very easy for you. Just open google and type "article 95(3) Constitution of Pakistan" then hit enter button. You will be able to search the exact wordings of this article i.e. article 95(3). For your ready reference:
    This Article reads as: “When the Prime Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior federal minister for the time being shall perform the functions of prime minister until the prime minister returns to Pakistan or, as the case may be, resumes his functions.”



  • @sulaiman-dar said in Who and How the Country would run the State of Affairs in the Absence of Prime Minister:
    @suleman
    Everyone here knows that you are a devoted supporter of the PM but please do not get upset because the debate is about the Consitutional Procedures irrespective of who the PM is.



  • @imtiazahmed

    I am not sure who is your authority on Mr. Google.

    Instead of going through unofficial sites with people view and changing from 94(2), 95(3), .., I would suggest go to official site of Pakistan.

    http://www.na.gov.pk/uploads/documents/1431341153_169.pdf

    Note: This is what articles say, by the way Article 95 talks about vote of no-confidence against PM.

    Prime Minister continuing in office

    1. The President may ask the Prime Minister to continue to hold
      office until his successor enters upon the office of Prime Minister.

    Vote of no-confidence against Prime Minister

    1. (1) 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.
      (2) 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.
      (3) 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.
      (4) 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.]


  • @ Curiosity

    I have done some research and the results are as follows:

    Imitiaz in his erlier post referred to Article 94(2)...This is not relevant to the discussion as this provision is in the case the PM resigns.

    However Article 95(3) quoted by Imtiaz in his next post is the one appropriate to the issue and I reproduce the complete article 95 as follows:

    (1) In the event of the death of the Prime Minister or the office of Prime Minister becoming vacant by reason of his ceasing to be a member of the National Assembly, the most senior Federal Minister for the time being shall be called upon by the President to perform the functions of that office and the Federal Ministers and Ministers of State shall continue in office until a new Prime Minister has been elected and has entered upon his office.

    (2) If the National Assembly is in session at the time when the Prime Minister dies or the office of Prime Minister becomes vacant, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the death of Prime Minister, or, as the case may be, of the office becoming vacant.

    (3) When the Prime Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Federal Minister for the time being shall perform the functions of Prime Minister until the Prime Minister returns to Pakistan or, as the case may be, resumes his functions.

    (4) In this Article, "most senior Federal Minister means the Federal Minister for the time being designated as such by the Prime Minister.

    It is Article 95(4) which defines Most Senior Federal Minister though.

    I have now a question for everyone.

    What happens if the PM has not designated anyone as Senior Minister and undergoes an operation and is out of action for few days? Who runs the country?

    http://www.pakistani.org/pakistan/constitution/part3.ch3.html



  • @anjaan Please read it again! What you are quoting was substituted referenced by hypertext link 196:

    1. :Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 20 (with effect from March 2, 1985) for :"