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Article: 91 The Cabinet

1[91. The Cabinet.—(1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.

(2) The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.

(3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.

(4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly:

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule:

Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.

(6) The Cabinet, together with the Ministers of State, shall be collectively responsible to the Senate and the National Assembly.

(7) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.

(8) The Prime Minister may, by writing under his hand addressed to the President, resign his office.

(9) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly:

Provided that nothing contained in this clause shall apply to a Minister who is member of the Senate.

(10) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or a Minister of State during any such period.]

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Footnotes:

1. Section 29 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 91, in its present form, (w.e.f. April 19, 2010), in place of the Art. as substituted by item 20 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985) in place of the Art. as adopted in 1973.  The Constitution (Eighth Amendment) Act, 1985 (18 of 1985) later added clause (2A) and effected changes in clauses (3) and (5) to the said Art., (w.e.f November 11, 1985), that read :

[91.  The Cabinet.—(1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advice the President in the exercise of his functions.

(2)  The President shall in his discretion appoint from amongst the members of the National Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the majority of the members of the National Assembly.

A[(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the Majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution.]

(3)  The person appointed under clause (2), B[or as the case may be, invited under clause (2A)] shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the National Assembly.

(4)  The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly.

(5)  The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, C[in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.]

(6)  The Prime Minister may, by writing under his hand addressed to the President, resign his office.

(7)  A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly:

Provided that nothing contained in this clause shall apply to a Minister who is a member of the Senate.

(8)  Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or as Minister of State during any such period.]

A. Section 10(a) of the Constitution (Eighth Amendment) Act, 1985, (18 of 1985) inserted clause (2A) to Art. 91,  (w.e.f. November 11, 1985).

B. Section 10(b) of the Constitution (Eighth Amendment) Act, 1985, (18 of 1985) inserted the said words, in clause (3) of Art. 91,  (w.e.f. November 11, 1985).

C. Section 10(c) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), substituted a comma in place of the full stop and inserted the said words at the end of clause (5) of Art. 91, (w.e.f. November 11, 1985).

Art. 91 as adopted in 1973, read :

“91. The Prime Minister.–(1)  The National Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.

(2)  After the election of the Speaker and Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.

(3)  The Prime Minister shall be elected by the votes of the Majority of the total membership of the National Assembly:

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.

(4)  The member elected under clause (3) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule.”


Comparative Table of Article 91 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
33
Constitution of Pakistan 1956 :
37(1)(3)
Constitution of India 1950:
74(1) & 75(1)
Government of India Act 1935:
9

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Leading & Latest Cases on Article 91 of the Constitution of Pakistan, 1973 :

AHMED TARIQ RAHIM
FEDERATION OF PAKSITAN
AL-JEHAD TRUST THROUGH RAEES-UL-MUJAHIDIN HABIB AL-WAHABUL KHAIRI,
FEDERATION OF PAKISTAN
SYED MASROOR AHSAN AND OTHERS
AEDESHIR COW ASJEE AND OTHERS
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
WASIM SAJJAD AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION AND OTHERS

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