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Article: 101 Appointment of Governor

101.  Appointment of Governor. 1[(1) There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister.]

(2)  A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age 2[and is a registered voter and resident of the Province concerned] 3[:]

3[Proviso] Omitted

3[(2A)] Omitted.

(3)  The Governor shall hold office during the pleasure of the President 1[and shall be entitled to such salary, allowances and privileges as the President may determine].

(4)  The Governor may, by writing under his hand addressed to the President, resign his office.

2[(5)  The President may make such provision as he thinks fit for the discharge of the functions of a Governor] 3[in any contingency not provided for in this Part]:

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Footnotes:

1. Section 33(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (1) of Art. 101, in its present form, (w.e.f. April 19, 2010), in place of clause (1) as amended upto 2002, that read :

(1) There shall be a Governor for each Province, who shall be appointed by the President A[ B[after consultation with] the Prime Minister.]

A-B.  Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the reinsertion, by substitution, of the words “after consultation with”, in place of the words “on the advice of”, in clause (1) of Art. 101, (w.e.f. December 31, 2003).  Item 13 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said words, (w.e.f. August 21, 2002).

Clause (1) of Art. 101, as adopted in 1973, provided that “There shall be a Governor for each Province, who shall be appointed by the President”.  Item 22 of the schedule to RCO (P.O. No. 14 of 1985), added the words “in his discretion” after the word “President” appearing at the end of the clause, (w.e.f. March 2, 1985).

Section 11 of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985) thereafter substituted the words “after consultation with the Prime Minister”, in place of the words “in his discretion” in clause (1) of Art. 101, (w.e.f. November 11, 1985).  Section 3 of the Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), substituted the words “on the advice of”, in place of the words “after consultation with” in the said clause, (w.e.f. April 3, 1997).

2. Section 33(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said words, after the word “age”, in clause (2) of Art. 101, (w.e.f. April 19, 2010).

3.  Section 2 of the Constitution (Fifth Amendment) Act 1976 (62 of 1976), substituted a colon in place of the Full-stop, at the of clause (2) of Art. 101 and added a proviso and a new clause 2-A.  The proviso and clause  2-A were omitted by subsection (a) and (b) of section 11 of the Constitution (Eight Amendment) Act 1985 (18 of 1985) (w.e.f. November 11, 1985).  However the draftsman neglected to substitute a full stop in place of the colon.  The proviso and clause 2-A, as deleted, read :

“Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the province of which he is a permanent resident.”

“(2A) Nothing contained in the proviso to clause (2) shall apply during the period that *a[an order under paragraph (c) of clause (2) of Article 232 or a Proclamation under] Article 234 is in force.

*a. Section 3 of the (Seventh Amendment) Act 1977 (Act 23 of 1977) substituted the said words in place of the words “an order under paragraph (c) of clause (2) of Article 232 or a proclamation under”. (w.e.f. May 16, 1977).


Comparative Table of Article 101 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
66
Constitution of Pakistan 1956 :
70(1)(2)&(4)
Constitution of India 1950:
155
Government of India Act 1935:
48(1)


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Leading & Latest Cases on Article 101 of the Constitution of Pakistan, 1973 :

HARGOVIND PANT
DR. RAGHUKUL TILAK AND OTHERS
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS
MIAN MUHAMMAD SHAHBAZ SHARIF
CH. MUHAMMAD ALTAF HUSSAIN, GOVERNOR PUNJAB, AND OTHERS

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