مضمون کا ماخذ : نتیجہ بہت زیادہ
Imran’s announcement has no constitutional impact on NA
Hafiz Ahsaan Ahmad Khokhar, a renowned constitutional expert, Saturday said that different articles in constitution have described the establishment, composition and functions of National Assembly and provincial assemblies of Pakistan except there is one common ground that the tenure for both national and provincial assemblies would be five years from the date of first session […]
Hafiz Ahsaan Ahmad Khokhar, a renowned constitutional expert, Saturday said that different articles in constitution have described the establishment, composition and functions of National Assembly and provincial assemblies of Pakistan except there is one common ground that the tenure for both national and provincial assemblies would be five years from the date of first session after their elections.
According to Khokhar, the fate of National Assembly and provincial assemblies with reference to their dissolution by prime minister and chief ministers respectively would be independent and quite distinct and fate of one assembly in case of dissolution would not bind other assemblies for the same fate with particularly reference to their tenure fate.
He stated that the power of dissolution of National Assembly is with prime minister and for provincial assembly is with chief minister, thus any action of one office would not affect the tenure of other assembly. He said that there would be a political pressure but would not be any constitutional impact on the tenure of National Assembly if all provincial assemblies are dissolved by chief minister because both assemblies are distinct in functions, composition mandate and tenure. He also explained that even dissolution of one provincial assembly doesn’t have any legal impact over another Provincial Assembly in terms of functions and tenure. He also said that there is no mandatory condition in constitution that the election or tenure of National Assembly or provincial assembly would held or start on simultaneously.
The constitutional expert said that only one condition is same that while the vote of no confidence is moved against the prime minister or against the chief minister, both office are constitutionally restricted not to advise for dissolution to president in case of National Assembly and for governor in case of provincial assembly. However, in case the resolution of no confidence is failed, the constitutional powers of both prime minister and chief minister would be revived for dissolution the respective assembly.
He also said the dissolution of two major assemblies, Punjab and KPK can trigger a constitutional crises but would not affect the working and tenure of National Assembly of Pakistan as either it would be devolved automatically after completion of its 5 years constitutional term or otherwise Prime Minister would advise to President for dissolution of Assembly before the completion of constitutional term of five years.
