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Article: 116 Governor’s assent to Bills

1[116.   Governor’s assent to Bills.—(1) When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent.

(2)  When  a  Bill  is  presented to  the  Governor  for assent, the Governor shall, within 2[ten]days,

(a)  assent to the Bill ; or

(b)  in the case of a Bill other than a Money Bill, return the Bill to the Provincial Assembly with a message requesting that the Bill, or any specified   provision thereof, be reconsidered and that any amendment specified in the message be considered.

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3[(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall 4[give his assent within ten days, failing which such assent shall be deemed to have been given].]

(4) When the Governor has assented 5[or is deemed to have assented] to a Bill, it shall become law and be called an Act of Provincial Assembly.

(5) No Act of a Provincial Assembly, and no provision in any such Act, shall be invalid by reason  only that some  recommendation, previous  sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.]

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Footnotes:

1. Item 26 of the schedule to P.O. No. 14 of 1985 substituted Art. 116, in its present form, (w.e.f. March 2, 1985), in place of the said Art. as adopted in 1973, that read :

“116. Assent by the Governor.—(1) When a Bill  has been  passed  by the Provincial Assembly, it shall be presented to the Governor for assent.

(2)  The Governor shall assent to a Bill within seven days after it has been presented to him for assent, and if the Governor fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period.

(3)  When the Governor has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Provincial Assembly.

(4)  No Act of a Provincial Assembly, and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not  given if that Act was assented to or deemed to have been assented to in accordance with the Constitution.

2.  Section 38(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said word, in place of the word a*[“thirty”], in clause (2) of Art. 116, (w.e.f. April 19, 2010).

a*. Section 15(a) of the Constitution (Eight Amendment) Act, 1985 (18 of 1985), substituted the said words in place of the words “Forty Five”, in clause (2) of Art. 116, (w.e.f. November 11, 1985).

3.  Section 15(b) of the Constitution (Eight Amendment) Act, 1985, (18 of 1985) substituted clause 3 of Art. 116 in its present form, (w.e.f. November 11, 1985), in place of the said clause as substituted by Item 26 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985) , that read:

“(3)  When the Governor has returned a Bill to the Provincial Assembly, if it is again passed with or without amendment, by the Provincial Assembly, by the votes of the majority of the total membership of the Provincial Assembly, it shall be again presented to the Governor and the Governor shall assent thereto.”

Clause (3) of Art. 116 as adopted in 1973, read :

“(3)  When the Governor has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Provincial Assembly.”

4. Section 38(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the words “not withhold his assent therefrom”, in clause (3) of Art. 116, (w.e.f April 19, 2010).

5. Section 38(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words, after the word “assented”, in clause (4) of Art. 116, (w.e.f. April 19, 2010).


Comparative Table of Article 116 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
77
Constitution of Pakistan 1956 :
90(1)(a)
Constitution of India 1950:
200
Government of India Act 1935:
75


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Leading & Latest Cases on Article 116 of the Constitution of Pakistan, 1973 :

BADSHA MIAN
STATE
MESSRS DEWAN TEXTILE MILLS LIMITED, KARACHI
PAKISTAN THROUGH MINISTRY OF FINANCE AND 3 OTHERS
ASGHAR HUSSAIN
ELECTION COMMISSION PAKISTAN & ANOTHER

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