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Article: 48 President to act on advice, etc

1[48.  President to act on advice, etc.—(1)  In the exercise of his functions, the President shall act 2[on and] in accordance with the advice of the Cabinet 3[or the Prime Minister]:

                4[Provided that 5[within fifteen days] the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall 5[, within ten days,] act in accordance with the advice tendered after such reconsideration.]

                (2)  Notwithstanding anything contained in clause (1), the President shall act in his discretion  in  respect  of  any  matter  in  respect  of  which  he is empowered by the Constitution to do so 6[and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever.]

                7[(3)] Omitted.

                (4)  The question whether any, and if so what, advice was tendered to the President by the Cabinet, the Prime Minister, a Minister or Minister of State shall not be inquired into in, or by, any Court, tribunal or other authority.

                8[(5) Where the President dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall,­—

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

(b) appoint a care-taker Cabinet 9[in accordance with the provisions of Article 224 or, as the case may be, Article 224A].]    

                  10[(6). If at any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is approved in a joint sitting, the Prime Minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered .by either “Yes” or “No”.]

                 (7)  An Act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.]

_________________________________________________________________________________

Footnotes:

                1.  Item 9 of the schedule to RCO (P.O. 14 of 1985), substituted Art. 48 in its present form, (w.e.f. March 2,  1985) in place of Art. 48 as adopted in 1973, that read :

                “48. President to act on advice, etc.,– (1) In the performance of his functions, the President shall act on and in accordance with the advice of the Prime Minister and such advice shall be binding on him.

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

(3)   Save as otherwise provided in any rules made under Article 99, the orders of the President shall require for their validity the counter-signature of the Prime Minister.”

2. Section 15(i)(a) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words, after the word “act” in clause (1) of Art. 48, (w.e.f. April 19, 2010).

3.  Section 2(a)(i) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), substituted the said words in place of the words “the Prime Minister or appropriate Minister”, in clause (1) of Art. 48, (w.e.f. November 11, 1985).

4. Section 2(a)(ii) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985) substituted the proviso in its present form, (w.e.f.November 11, 1985), in place of the proviso inserted by (P.O. 14 of 1985), that read :

” Provided that the President may require the Cabinet to reconsider or consider such advice, as the case may be either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration or consideration.”

5. Section 15(i)(b) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words after the word “that”, in clause (1) of Art. 48, and also inserted the said commas and words, after the word “shall” therein, (w.e.f.April 19, 2010).

6.  Section 2(b) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), added the said words in clause (2) of Art. 48 (w.e.f. November 11, 1985).

7.   Section 2(c) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), omitted clause (3) of Art. 48, as substituted by RCO (P.O. 14 of 1985), (w.e.f.November 11, 1985). The deleted clause read :

“(3) If any question arises whether any matter is or is not a matter in respect of which the President is by the Constitution empowered to act in his discretion, the decision of the President in his discretion shall be final, and the validity of anything done by the President shall not be called in Question on the ground that he ought or ought not to have acted in his discretion.”

8. Section 15(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (5) of Art. 48, in its present form, (w.e.f.April 19, 2010), in place of the clause as adopted by Item 9 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.fMarch 2, 1985), that read :

(5)  Where the President dissolves the National Assembly, he shall, in his discretion,—

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

(b)  appoint a care-taker Cabinet.

a.  Section 2(d) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), substituted the said word in place of the words “one Hundred” in paragraph (a) of clause (5) of Art. 48, (w.e.f. November 11, 1985).

9. Section 2 of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), added the said words, commas, figures and letter, after the word “Cabinet” in paragraph (b) of clause (5) of Art. 48, (w.e.f. February 28, 2012).

10. Section 15(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (6) of Art. 48, in its present form, (w.e.f.April 19, 2010), in place of the clause as adopted by item 9 of the schedule to RCO (P.O. No. 14 of 1984), (w.e.f.March 2, 1985), that read :

(6)  If, at any time, the President, in his discretion, or on the advice of the Prime Minister, considers that it is desirable that any matter of national importance should be referred to a referendum, the President may cause the matter to be referred to a referendum in the form of a question that is capable of being answered either by “Yes’ or “No”.


Comparative Table of Article 48 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
37(2)&(7)
Constitution   of   India    1950:
74
Government of India Act 1935:
9 & 10(4)

Leading & Latest Cases on Article 48 of the Constitution of Pakistan, 1973 :

Mohtarma BENAZIR BHUTTO AND ANOTHER
PRESIDENT OF PAKISTAN AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTAB. DIVISION GOVT. ISB
MUHAMMAD TARIQ PIRZADA AND OTHERS
M.D. TAHIR, ADVOCATE
FEDERAL GOVERNMENT AND OTEHRS
PAKISTAN LAWYERS FORUM
FEDERATION OF PAKISTAN AND 2 OTHERS
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE

 

 

 

 

 

 

 

 

 

 

P L D 2013 SC 1 AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHE
 
 

3 comments

  1. […] The unrest began on March 9, 2007 when the then president filed a reference to the SJC on the advice of the then prime minister, Shaukat […]


  2. […] The unrest began on March 9, 2007 when the then president filed a reference to the SJC on the advice of the then prime minister, Shaukat […]


  3. […] The unrest began on March 9, 2007 when the then president filed a reference to the SJC on the advice of the then prime minister, Shaukat […]



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