h1

Article: 92 Federal Ministers and Ministers of State

1[92.  Federal Ministers and Ministers of State.—(1) Subject to clauses 2[(9) and (10)] of Article 91, the President shall appoint Federal  Ministers  and  Ministers of State from amongst the members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister:

Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers 3[ : ]

3[Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed a eleven percent of the total membership of Majlis-e-Shoora (Parliament):

Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.]

(2)  Before entering upon office, a Federal Minister or Minister of State shall make before the President oath in the form set out in the Third Schedule.

(3)  A Federal Minister or Minister of State may, by writing under his hand addressed to the President, resign his office or may be removed from office by the President on the advice of the Prime Minister.]

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Footnotes:

1. Item 20 of the schedule to P.O. No. 14 of 1985, substituted Art. 92, in its present form, (w.e.f. March 2, 1985), in place of the said Art. as adopted in 1973, that read :

” 92.  Federal Ministers and Ministers of State.–(1) The Prime Minister shall appoint Federal Ministers and Ministers of State from amongst the members of Parliament:;

Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers.

(2)  Before entering upon office, a Federal Minister or a Minister of State shall make before the President oath in the form set out in the Third Schedule.

(3)  A Federal Minister or a Minister of State may, by writing under his hand addressed to the Prime Minister, resign his office or may be removed from office by the Prime Minister.”

2. Section 30(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said brackets and figures, in place of the brackets and figures “(7) and (8)” respectively , in clause (1) of Art. 92, (w.e.f. April 19, 2010).

3. Section 30(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted a colon, in place of the full stop, at the end of the proviso to clause (1) of Art. 92 and inserted new provisos thereto, (w.e.f. April 19, 2010).


Comparative Table of Article 92 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
33
Constitution of Pakistan 1956 :
37(4)
Constitution of India 1950:
75(1)(2) &(4)
Government of India Act 1935:
10(1)&(5)

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Leading & Latest Cases on Article 92 of the Constitution of Pakistan, 1973 :

FEDERATION OF PAKISTAN
MUHAMMAD SAIFULLAH KHAN
MUHAMMAD AKRAM SHEIKH
FEDERATION OF PAKISTAN AND OTHERS
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS

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