Dissolution of Provincial Assemblies (Punjab & KPK)|after affects|Will it distrub National Assembly|Sania Akhtar

 

#Dissolution of Provincial Assemblies (Punjab & KPK)

#after affects

#Will it distrub National Assembly

#Sania Akhtar

The Chairman of Pakistan Tahreek-e-Insaaf Imran Khan announced the dissolution of Punjab and KPK assemblies by directing the Chief Ministers (CM) of both assemblies. PTI wants to put pressure on the federal government to hold General elections because according to them the early general election is the only solution for the prosperity of Pakistan.  

What constitution said about dissolution of Provincial Assembly?  

In the 1973 constitution of Pakistan the provincial assemblies can dissolved by the dissolution Article 112. According to clause (1) of Article 112, the governor had the right to dissolve the provincial assembly if so, advised by the Chief Minister of that Province. Further added that if the governor violates the constitutional directives, the assembly will be automatically dissolved after 48 hours from such advice by the CM. 

 According to section A of Clause (1) of Article 224, the governor will first appoint the Caretaker government with the collaboration of the Chief Minister and the Opposition Leader of the outgoing Assembly in case of dissolution of provincial assembly under Article 112. Further the Caretaker CM will appoint the Caretaker Cabinet. 

Clause (2) of Article, further added that the by election will be held in that assembly within 90 days under the leadership of Provincial Caretaker government. 

Will PTI And PML-N collaborate to make a Caretaker government? 

There is a worst working relationship between the government and the opposition. In this circumstance, there will be the possibility that the PTI and PML-N would not agree on the consensus candidates for the position of caretaker CM in both assemblies. 

Constitution provides a solution for this problem. If the CM and the opposition leader do not agree on the selection of caretaker government, the Speaker of the Assembly will constitute a committee comprising the members on parity basis from the outgoing provincial assembly. Within three days the nominees will be sent to the committee. If the committee will not be able to take decision the nominees will forwarded to the Election Commission of Pakistan for final decision. 

The question is that PTI will accept the final decision of the Election Commission of Pakistan? 

What can a vote of no confidence do? 

If the opposition submits a vote of no confidence against the CM in the secretariat of the Provincial Assembly, then according to constitution the assembly can’t be dissolved. First the CM has to gain the confidence vote in the Assembly then he would be able to advise for the dissolution of the assembly. 

Will the National Assembly be in effect after the dissolution of Punjab and KPK assemblies? 

It is clearly mentioned in the “Time of election and by election” Article 224 that the by election will be held in the assembly that is dissolved whether it is provincial or National Assembly. 

 This means that the National Assembly will be safe and dissolution of Punjab & KPK assemblies will never affect the working of Federal government (PDM’s government).

 

Conclusion: 

The PTI wants general elections but in case the assemblies dissolve, there will be by election. General elections will be held only if the National assembly dissolved on the advised of Prime Minister or if the tenure of National Assembly will expire from its tenure. But it is a reality that the by election on a large scale (in two assemblies and on the resigned seats of PTI in National Assembly) will be tough for the government. This thing puts pressure on the Federal government and creates political instability.

#( Dissolution of Provincial Assemblies (Punjab & KPK)|after affects|Will it distrub National Assembly)

#Sania Akhtar