Appointment of the Chief Minister
The
Chief Minister is appointed by the governor from amongst the members of the
Provincial assembly who is the opinion of the Governor, is likely to command
the confidence of the majority of the member of the Provincial assembly.
However, the Chief Minister will hold office during the pleasure of the
Governor. But the Governor will not exercise his powers unless he is satisfied
that the chief minister does not command the confidence of the majority of the
members of the Provincial assembly.
Notwithstanding
anything contained in clause (2) after the twentieth day of March, one thousand
nine hundred and eighty-eight, the Governor shall invite the member of the
Provincial assembly to be the chief minister who commands the confidence of the
majority of the members of the Provincial assembly, as ascertained in session
of the assembly summoned for the purpose in accordance with the provisions of
the constitution.
Nothing
contained in this clause shall apply to a Chief Minister holding office on the
twentieth day of March, one thousand nine hundred and eight-eight, in
accordance with the provisions of the constitution.
The
person appointed under clause (2) or as the case may be, invited under clause
(2-A) shall, before entering upon the office, make before the Governor 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 Provincial Assembly.
The
cabinet shall be collectively responsible to the Provincial Assembly.
The
chief Minister shall hold office during the pleasure of the governor, but the
governor shall not exercise his powers under this clause not command the
confidence of the majority of the members fo the Provincial Assembly and
require the Chief Minister to obtain a vote of confidence from the Assembly.
The
Chief Minister may, by writing under his hand addressed to the Governor, resign
his office.
A
Minister who for any period of six consecutive months is not a member of the
Provincial 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.
Noting
contained in this article shall be construed as disqualifying the Chief Minister
or any other Minister for continuing in office during any period during which
the Provincial Assembly stands dissolved as preventing the appointment of any
person as Chief Minister or other Minister during any such period.
Duties
of the Chief Minister is relation to the Governor
It
shall be the duty of the Chief Minister
i.
to communicate to the Governor all decisions of the Cabinet relating to the
administration of the affairs of the Province and proposals for legislation.
ii.
to furnish such information relating to the administration of the affairs of
the Province and proposals for legislation as the governor may call for and
iii.
If the governor so requires, to submit for the consideration of the Cabinet any
matter on which a decision has been taken by the Chief Minister or a minister
but which has not been considered by the cabinet. (Art 131)
Election of the Chief Minister
Article
131 fo the constitution lays down the procedure of the election of Chief
minister as follows
i.
The Provincial Assembly shall meet on the thirteenth day following the day on
which a general election to the assembly is held, unless sooner summoned by the
Governor.
ii.
After the election of the Speaker and Deputy Speaker the Provincial Assembly
shall, to the exclusion of any other business, proceed to elect without debate
one of its members to be the Chief Minister.
iii.
The Chief Minister shall be elected by the votes of the majority of the total
membership of the Provincial Assembly.
Provided
that, if no member secures such majority in the first poll, a second pool shall
be held between the member who secures 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 Chief Minister.
Provided
further that, if the number of votes secured by two or more members securing
the highest number of votes is equal, further polls shall be held between them
until one of them secures a majority of votes of the members present and
voting.
iv.
the member elected under para (iii) shall be called upon by the governor to assume
the office of Chief Minister and he shall before entering upon the office make
before the Governor oath in the form set out in the Third Schedule.
Vote of No-confidence against the Chief Minister
Article
136 of the Constitution lay down the following procedure of the introduction of
a resolution for a vote of No-confidence.
A
resolution for a vote of No-confidence may be passed against the Chief Minister
by the Provincial Assembly. The resolution shall not be moved in the Provincial
Assembly unless, by the same resolution, the name of another member of the
Assembly is put forward as the successor. Further it shall not be moved in the Provincial
Assembly while the Provincial Assembly is considering demands for grants
submitted to it in the Annual Budget statement. Moreover the resolution shall
not be voted upon before the expiration of three days, or later than seven days,
for the day on which such resolution is moved in the Provincial Assembly.
If
the resolution referred is passed by a majority of the total membership of the Provincial
Assembly, the governor shall call upon the person named in the resolution as
the successor to assume office and on his entering upon office his predecessor
and the Provincial Ministers appointed by him shall cease to hold office.
Provided
that, for a period of ten years for the commencing day or the holding of the
second general election to the Provincial Assembly, whichever occurs later, the
vote of a member, elected to the Provincial Assembly as a candidate or nominee
of a political party, cast in support of a resolution for a vote of
No-confidence shall be disregarded if the majority of the members of that
political party in the Provincial Assembly had cast its votes against the
passing of such resolution.
If a
resolution is not passed, another such resolution shall not be moved until a
period of six months had elapsed.
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