h1

Article: 105 Governor to act on advice, etc

1[105.  Governor to act on advice, etc. — (1)  Subject to the Constitution, in the performance of his functions, the Governor shall act 2[on and] in accordance with the advice of the Cabinet, 3[or the Chief Minister:]

4[Provided that 5[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 5[, within ten days,] act in accordance with the advice tendered after such reconsideration.]

6[Proviso] Omitted.

7[(2)  The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister 8[or the Cabinet] shall not be inquired into in, or by, any Court, tribunal or other authority.]

9[(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,—­

(a) appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and

(b) appoint a care-taker Cabinet.]

10[(4)] Omitted.

(5)  The provisions of clause 11[(2)] of Article 48 shall have effect in relation to a Governor as if reference therein to “President” were reference to “Governor”.

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Footnotes:

1.  Item 23 of the Schedule to P.O. No. 14 of 1985, substituted Art. 105, in its present form, (w.e.f. March 2, 1985), in place of the said Art. as adopted in 1973, that read :

“105.  Governor to act on advice, etc.—(1) Subject to the Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice of the Chief Minister and such advice shall be binding on him.”

2. Section 35(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words, after the word “act”, in clause (1) of Art. 105, (w.e.f. April 19, 2010).

3.  Section 12 (a)(1) of the Constitution (Eight Amendment) Act 1985 (18 of 1985), substituted the said words in place of the words “Chief Minister or appropriate Minister”, in clause (1) of Art. 105, (w.e.f. November 11, 1985).

4.  Section 12(a)(ii) of the Constitution (Eight Amendment) Act 1985 (18 of 1985) also substituted the proviso to Art. 105(1) in its present form, (w.e.f. November 11, 1985) in place of the proviso as added by Item 23 of the schedule to P.O. No. 14 of 1985 (w.e.f. March 2, 1985).  The proviso, as added in 1985,read :

“Provided that the Governor may require the Cabinet to reconsider such advice, whether generally or otherwise, and the Governor shall act in accordance with the advice tendered after such reconsideration :

5. Section 35(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), also inserted the said words, after the word “that” in the proviso to clause (1) of Art. 105 and further inserted the said words, after the word “shall” thereto, (w.e.f. April 19, 2010).

6.  Section 12(a)(iii) of the Constitution (Eighth Amendment) Act 1985 (18 of 1985), omitted the further proviso to clause 1 of Art. 105, (w.e.f. November 11, 1985).  The deleted proviso read :

“Provided further that, in respect of the following matters, the Governor shall, subject to the previous approval of the President, act in his discretion, namely:-

(a) appointment of the Chief Minister.

(b) dismissal of a Cabinet which has lost the confidence of the Provincial Assembly; and

(c) dissolution of the Provincial Assembly, when an appeal to the electorate is necessary.”

7-8.  Item 23 of the schedule to P.O. No. 14 of 1985, substituted clause (2) of Art. 105, in its present form, (w.e.f. March 2, 1985), in place of the clause as adopted in 1973,  but for the further amendment therein, by section 12(b) of the Constitution (Eighth Amendment) Act, 1985, (18 of 1985), that substituted the words “or the Cabinet”, in place of the comma and words, “, the Cabinet or a Minister” , (w.e.f. November 11, 1985).

Clause 2 of Art. 105 as adopted in 1973, read :

“(2)  The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister shall not be inquired into in any Court.”

9. Section 35(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (3) of Art. 105, in its present form, (w.e.f. April 19, 2010), in place of clause (3) as inserted by substituted by item 23 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985, that read :

(3)  Where the Governor dissolves the Provincial Assembly, he shall appoint, in his discretion, but with the previous approval of the President, a care-taker Cabinet.

10. Section 35(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clause (4) of Art. 105, (w.e.f. April 19, 2010). The deleted clause inserted by substitution by Item 23 of the Schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985),  that read :

(4) The powers conferred by this Article on the President shall be exercised by him in his discretion.

11.  Section 12(c) of the Constitution (Eight Amendment) Act 1985, substituted the said brackets and figure for the bracket and figure “(3)”, in clause (5) of Art. 105, (w.e.f. November 11, 1985).


Comparative Table of Article 105 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
71(1)(2)
Constitution of India 1950:
163(1)
Government of India Act 1935:


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Leading & Latest Cases on Article 105 of the Constitution of Pakistan, 1973 :

MUHAMMAD ANWAR DURRANI
PROVINCE OF BALUCHISTAN AND OTHERS
PERVAIZ ELAHI
PROVINCE OF PUNJAB AND OTHERS
PERVAIZ ELAHI
PROVINCE OF PUNJAB AND ANOTHER
NAWABZADA MOHSIN ALI KHAN AND OTHERS
GOVERNMENT OF N.W.F.P. AND OTHERS

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