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Article: 58 Dissolution of National Assembly

1[58.       Dissolution of the National Assembly.—(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

Explanation.- Reference in this Article to “Prime Minister” shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.]

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Footnotes:

1. Section 17 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 58, in its present form, (w.e.f. April 19, 2010), in place of Art. 58 as amended upto 2003 by the Constitution (Seventeenth Amendment), Act, 2003 (3 of 2003) (w.e.f. December 31, 2003), that read :

58.  Dissolution of National Assembly.— A[(1)] The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.

Explanation.—Reference in this Article to “Prime Minister” shall not be construed to include reference to a Prime Minister against whom a B[notice of a resolution for a vote of no-confidence has been given] in the National Assembly but has  not  been  voted  upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly. C[****]

D[(2)  Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion—

(a)  a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution as ascertained in a session of the National Assembly summoned for the purpose; or

E[(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.] ]

F[(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final.]

A. Item 14 of the schedule to RCO (P.O. No. 14 of 1985), renumbered Article 58 as 58 (1) and added clause 2 thereto. (w.e.f. March 2, 1985).

B. Section 5(a) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985) substituted the said words in place of the words “resolution for a vote of no-confidence has been moved”, to Explanation of clause (1) of Art. 58, (w.e.f. November 11, 1985).

C. Item 14 of the schedule to RCO (P.O. No. 14 of 1985), omitted the words “or a Federal Minister performing the functions of Prime Minister under clause (1) or clause 3 of Article 95” appearing at the end of the explanation to clause (1) of Art. 58 (w.e.f. March 2, 1985).

D. Section 5(b) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), substituted clause (2) of Art. 58 (w.e.f. November 11, 1985), in place of the said clause as added by item 14 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f March 2, 1985), that read :

“(2)  The President may also dissolve the National Assembly in his discretion where, in his opinion, an appeal to the electorate is necessary.”

E. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the reinsertion of paragraph (b) to clause (2) of Art. 58, (w.e.f. December 31, 2003).  Item 4 of the schedule to LFO (C.E.O. No. 24 of 2002), reinserted the said paragraph (b) to clause (2) of Art. 58, (w.e.f. August 21, 2002), that was omitted by section 2 of the Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), (w.e.f. April 3, 1997).  The said paragraph was first added by section 5(b) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), (w.e.f. November 11, 1985).

F. Section 3 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), added a new clause (3) to Art. 58, (w.e.f. December 31, 2003).


Comparative Table of Article 58 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
23
Constitution of Pakistan 1956 :
50(1)(3)
Constitution of India 1950:
85(2-b)
Government of India Act 1935:
19(2)(c)

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Leading & Latest Cases on Article 58 of the Constitution of Pakistan, 1973 :

FEDERATION OF PAKISTAN AND OTHERS
MOULVI TAMIZUDDIN KHAN
M.P.BHANDARA
FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN
KHAWAJA MUHAMMAD SHARIF
FEDERATION OF PAKISTAN AND OTHERS
FEDERATION OF PAKISTAN
MUHAMMAD SAIFULLAH KHAN
HAJI MUHAMMAD SAIFULLAH KHAN
THE FEDERATION OF PAKISTAN AND OTHERS
AHMAD TARIQ RAHIM
FEDERATION OF PAKISTAN AND OTHERS
AHMAD TARIQ RAHIM
FEDERATION OF PAKISTAN
AHMAD TARIQ RAHIM
FEDERATION OF PAKISTAN AND ANOTHER
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS
PIR SABIR SHAH
FEDERATION OF PAKSITAN AND OTHERS
MOHTARMA BENAZIR BHUTTO AND ANOTHER
PRESIDENT OF PAKISTAN
MAHMOOD KHAN ACHAKZAI AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
MOHTARMA BENAZIR BHUTTO AND OTHERS
PRESIDENT OF PAKISTAN AND OTHERS
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
MOHTARMA BENAZIR BHUTTO
PRESIDENT OF PAKISTAN AND 2 others
WASIM SAJJAD AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION AND OTHERS
PAKISTAN LAWYERS FORUM
FEDERATION OF PAKISTAN AND OTHERS

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