The present constitution of Pakistan 1973 has restored the parliamentary form of Government, in which the Prime Minster is chief executive and head of Government. Under Article 46 the Prime Minister is constitutionally bound to keep the president informed on matters of internal and foreign policy and on all legislative proposals, he intends to bring before the parliament.
Article 45, 91, 95 of the constitution of Pakistan.
Qualification of Prime Minister
Under the Article 91 of the constitution of Pakistan
- He should be the citizen of Pakistan.
- He should be the member of National Assembly.
- He should not hold any office of profit in the service of Pakistan.
- He should believe on ideology of Pakistan.
- He should be mentally and physically fit.
Election of Prime Minister, Article 91
Under Article 91 of the constitution of Pakistan follow is the procedure for the election of the Prime Minster.
1. Time of Election
The national assembly shall meet on the 21st day following the general and after the election of the speaker and Deputy Speaker. National Assembly proceeds to elect one of its Muslim member as Prime Minister and it is done without any debate.
2. Election through Majority vote: 91 (2)
The Prime Minister shall be elected by the votes of the majority of total membership of National Assembly.
3. Second Poll
If no candidate secures majority of total membership of National Assembly in the first poll, second poll is held between those candidates, who have secured the two highest numbers of votes in the first poll. And the candidate, who secures a majority of votes of members present in second poll, is declared as Prime Minster.
4. Further Poll
If two or more candidates secure equal votes in second poll, further poll is held between them until one of them secures a majority of votes of the members present and voting.
5. Oath of the Prime Minster
After election, the Prime Minster takes the oath in the presence of the president.
6. Vote of Confidence
After taking oath before the president, the Prime Minister shall within a period of sixty days of oath, obtain a vote of confidence from the National Assembly.
Procedure for Adoption of vote of No Confidence Against Prime Minster
Following points are important to explain it.
1. Moving of Resolution
Not less than twenty percent of total membership of National Assembly can move a resolution of National Assembly can move a resolution for a vote of no-confidence against Prime Minister.
2. Voting Upon Resolution
Such resolution should not be voted upon before expiration of three days or later than seven days form the day on which such resolution is moved in National Assembly.
3. When Can Resolution Not Be Moved
Such resolution should not be moved in National Assembly while National Assembly is considering demands for those grants, which have been submitted to it in Annual Budget Statement.
4. Passing of Resolution
If such resolution is passed by a majority of total membership of National Assembly, Prime Minster ceases to hold office.
To conclude that the Prime Minister is the real executive head of the country. He has strong constitutional position. The Prime minster is the chief advisor to president. He is the leader of the house and elected for the term of 5 years.