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    Sunday, 23 October 2016

    Chief Minister, its appointment, election, duties and removal

    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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