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Article: 90 Exercise of executive authority of the Federation

1[90. The Federal Government.—(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.

(2) In the performance of his functions under the Constitution, the Prime Minster may act either directly or through the Federal Ministers.]

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Footnotes:

1. Section 28 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 90, in its present form, (w.e.f. April 19, 2010), in place of the Art. substituted by item 20 of the Schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985), that read :

*   A[90.    Exercise   of   executive  authority  of  the   Federation.— B[(1)]  The executive authority of the Federation shall vest in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.

B[(2)  Nothing contained in clause (1) shall—

(a)  be deemed to transfer to the President any functions conferred by any existing law on the Government of any Province or other authority; or

(b)  prevent the Majlis-e-Shoora (Parliament) from conferring by law functions on authorities other than the President.]

* Item 20 of the schedule to P.O. 14 of 1985 effected major amendments in Articles 90 to 95 and deleted Article 96, (w.e.f. March 2, 1985).

A. Art. 90 as adopted in 1973, read :

“90. The Federal Government.– (1)  Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers which shall act through the Prime Minister who shall be the Chief Executive of the Federation.

(2)   In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers.

(3)  The Prime Minister and the Federal Ministers shall be collectively responsible to the National Assembly”.

B. Section 9 of the Constitution (Eighth Amendment) Act 1985 (18 of 1985), renumbered Art. 90 as 90 (1), and added clause (2) thereto,  (w.e.f. November 11,  1985).


Comparative Table of Article 90 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
31
Constitution of Pakistan 1956 :
39(1)
Constitution of India 1950:
53(1)
Government of India Act 1935:
7(1)


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Leading & Latest Cases on Article 90 of the Constitution of Pakistan, 1973 :

AMIN JAN
DIRECTOR GENERAL T&T AND OTHERS
ABDUL MUJEEB PIRZADA
FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS
P L D 1992 LAHORE 462  NATIIONAL INDUSTRIAL COOPERATIVE CREDIT CORPORATION AND ANOTHER  PROVINCE OF PUNJAB AND ANOTHER
STATE
MUHAMMAD NAZIR AND OTHERS
AL-JEHAD TRUST THROUGH RAEES-UL-MUJAHIDIN HABIB AL-WAHABUL KHAIRI,
FEDERATION OF PAKISTAN
RAUF B. KADRI AND OTHERS
FEDERATION OF PAKISTAN THROUGH FEDERAL SECRETARY LAW AND OTHERS

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