LAHORE: The opposition has three legal options to block the PTI move of dissolving Punjab and Khyber Pakhtunkhwa Assemblies.
Legal experts say the opposition in Punjab and Khyber Pakhtunkhwa can ask the chief ministers of both the assemblies to get a vote of confidence or table a no-confidence motion. There is also a third option - imposing the Governor’s Rule in both the provinces. PMLN leader Attaullah Tarar has said the opposition will use all options to stop the PTI from dissolving the provincial assemblies and PMLN legal teams and its allied parties are working on it and the future way of action will be announced soon.
Legal experts say that under Article 112 of the Constitution, “Dissolution of Provincial Assembly: (1) The governor shall dissolve the provincial assembly if so advised by the chief minister; and the Provincial Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the chief minister has so advised. The reference in this Article to chief minister shall not be construed to include reference to a chief minister against whom a resolution for a vote of no-confidence has been given in the provincial assembly but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed. (2) The governor may also dissolve the provincial assembly in his discretion, but subject to the previous approval of the president, where a vote of no-confidence having been passed against the chief minister, no other member of the provincial assembly commands the confidence of the majority of the members of the provincial assembly in accordance with the provisions of the Constitution, as ascertained in a session of the Provincial Assembly summoned for the purpose.”
Under Article 136 of the Constitution, “Vote of No-confidence against Chief Minister: (1) A resolution for a vote of no-confidence moved by not less than 20 per cent of the total membership of the provincial assembly may be passed against the chief minister by the provincial assembly. (2) A resolution referred to in Clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the provincial assembly. (3) If the resolution referred to in Clause (l) is passed by the majority of the total membership of the provincial assembly, the chief minister shall cease to hold office.”
“Another option the opposition has is the power to issue proclamation in case of failure of the constitutional machinery in a province. As per Article 234 (1), if the president, on receipt of a report from the governor of a province is satisfied that a situation has arisen in which the government cannot be carried on in accordance with the provisions of the Constitution, he may, or if a resolution is passed by each House separately shall, by proclamation, (a) assume to himself, or direct the governor to assume on behalf of the president, all or any of the functions of the government of the province, and all or any of the powers vested in, or exercisable by, anybody or authority in the province, other than the provincial assembly. (b) Declare that the powers of the provincial assembly shall be exercisable by, or under the authority of, Majlis-e-Shoora (parliament) and (c) make such incidental and consequential provisions as appearing to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to anybody or authority in the province. Provided that nothing in this Article shall authorize the president to assume to himself, or direct the governor of the province to assume on his behalf, any of the powers vested in, or exercisable by, a high court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to high courts.”
Legal experts say that a Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by a resolution of the joint sitting and may by like a resolution extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months. Former secretary Election Commission of Pakistan Kanwar Dilshad, while talking to The News, said the opposition could bring a motion of no-confidence and the governor could ask the chief minister to take a fresh vote of confidence at any time. He said anyone saying that this was not possible when the House was in session was lying. Noted constitutional expert Barrister Ali Zafar corroborated Kanwar Dilshad’s view.