and on the passing of a resolution such as is referred to in clause (4), the Vice-President shall cease to exercise the functions of President. 54.-(1) Subject to this Constitution, the executive authority of the Federation shall be exercised by the President either directly or through officers subordinate to him, but nothing in this Article shall prevent the Federal Legislature from conferring functions upon subordinate authorities, or be deemed to transfer to the President any functions conferred by any existing law on any court, judge or officer or any local or other authority. (2) References in this Constitution to the functions of the President shall be construed as references to his powers and duties in the exercise of the executive authority of the Federation and to any other powers and duties conferred or imposed on him as President by or under this Constitution. (3) The salary, allowances and privileges of the President shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, the President shall be entitled to the salary, allowances and privileges to which he was entitled immediately before the commencing day. 55.-The Supreme Command of the Defence Services of Pakistan. is vested in the President, to be exercised by him subject to law. 56. (1) The President shall appoint (a) a person to be the Chief of Staff of the Pakistan Army; (c) a person to be the Chief of Staff of the Pakistan Air (2) The President may require that appointments to such other offices connected with Defence as he may specify shall be made by him or in such manner as he may direct. (3) The pay and allowances of the Chief of Staff of the Pakistan Army, the Chief of Staff of the Pakistan Navy, and the Chief of Staff of the Pakistan Air Force, appointed under clause (1), shall be such as the President may determine. The Vice-President 57.-(1) There shall be a Vice-President of Pakistan, who shall be elected in accordance with the provisions of this Constitution. (2) The Vice-President shall make before the President an oath in such form set out in the Second Schedule as is applicable to his office. (3) A person shall not be elected as Vice-President unless (a) he is a Muslim ; (b) he has attained the age of fourty years; (c) he is a member of the National Assembly. 58.-(1) If at any time the office of Vice-President falls vacant, the members of the National Assembly shall elect a Vice-President in accordance with the provisions of the Third Schedule, and until the Vice-President so elected enters upon his office, the President may appoint a person qualified under clause (3) of the last preceding Article to be the Vice-President. (2) The Vice-President shall be deemed to be a member of the President's Council of Ministers, and shall take precedence next after the President. 59.-(1) Subject to this Constitution, the Vice-President shall hold office for a term of five years from the date of his election : Provided that the Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The Vice-President may, by writing under his hand addressed to the President, resign his office. (3) The provisions of Article 53, except clause (5) thereof, shall mutatis mutandis apply in relation to a Vice-President as they apply in relation to a President. 60.-(1) The functions of Vice-President shall be such as may from time to time be assigned to him by the President; and whenever the President is absent from Pakistan, or is unable to perform his functions due to illness or any other cause, the Vice-President shall perform the functions of the President, until the President resumes hls duties. (2) Save as otherwise provided, the salary, allowances and privileges of the Vice-President shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, the Vice-President shall be entitled to the salary, allowances and privileges to which he was entitled immediately before the commencing day. (3) If the office of President becomes vacant, by reason of death or resignation, the Vice-President shall act as President until such time as a President is elected and enters upon his office. (4) The Vice-President, during and in respect of the period he acts as President, or performs the functions of the President, shall have all the powers of the President other than the power to dissolve the National Assembly or to remove a Governor, Minister or a Minister of State. Extent of Executive Authority 61. Subject to the provisions of this Constitution, the executive authority of the Federation extends to the matters with respect to which the Federal Legislature has power to make laws, including the exercise of rights, authotity and jurisdiction in and in relation to areas outside Pakistan : Provided that the said authority does not, save as expressly provided in this Constitution, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws. Election of Vice-President, etc. Term of office of Vice-Presi dent. Functions Extent of executive authority of the Federa tion. Council of Other provisions as to Ministers. Ministers of Attorney- Administration of Fede al Affairs 62. There shall be a Council of Ministers, to aid and advise the President in the exercise of his functions. 63.-(1) The President's Ministers shall be chosen and summoned by him, shall make before the President oath in such form set out in the Second Schedule as is applicable to their office and shall hold office during the pleasure of the President. (2) A Minister who, for any period of twelve consecutive months, is not a member of the National Assembly, shall, at the expiration of that period, cease to be a Minister. (3) The salaries, allowances and privileges of Ministers shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, Ministers shall be entitled to the salaries, allowances and privileges to which Ministers were entitled immediately before the commencing day. (4) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. (5) A Minister may, by writing under his hand addressed to the President, resign his office. 64.-(1) The President may choose and summon one or more Ministers of State to perform such functions as he may determine. and they shall make before the President oath in such form set out in the Second Schedule as is applicable to their office, and hold office during the pleasure of the President. (2) A Minister of State shall not be a member of the President's Council of Ministers, but it shall be his duty to attend the Council in respect of such matters and upon such occasions as the President may require. (3) The provisions of clauses (2), (4) and (5) of the last preceding Article shall apply to Ministers of State as they apply to Ministers. (4) The salaries, allowances and privileges of Ministers of State shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, as may be determined by the President. 65.-(1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be AttorneyGeneral for Pakistan. (2) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be referred or assigned to him by the President, and in the performance of his duties he shall have right of audience in all courts and tribunals in Pakistan. (3) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. (4) The Attorney-General may, by writing under his hand addressed to the President, resign his office. 66.--(1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President. (2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the President. (3) The President shall make rules for the more convenient transaction of the business of the Federal Government, and for the allocation among Ministers and Ministers of State of the said business. (4) The rules shall include provisions requiring Ministers, Ministers of State and Secretaries to Government to transmit to the President all such information with respect to the business of the Federal Government as may be specified in the rules, or as the President may otherwise require to be so transmitted.. CHAPTER 2.-THE FEDERAI. LEGISLATURE General 67.-(1) There shall be a Federal Legislature, which shall consist of the President and the National Assembly. (2) The National Assembly summoned to meet under the National Assembly (Short Session) Order, 1972, shall be the first National Assembly under this Constitution. (3) The National Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting under this Constitution and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly. 68. (1) The National Assembly shall be summoned to meet at least twice in every year, and six months shall not intervene between its last siting in one session and the date appointed for its first sitting in the next session. (2) Subject to the provisions of clause (1), the President may from time to time (a) summon the National Assembly to meet at such time and (b) except when it has been summoned by the Speaker under Provided that the National Assembly shall for the first time be (3) After a general election, the National Assembly shall be summoned to meet within thirty days of the declaration of the results of the election. (4) The Speaker of the National Assembly may, at the request of not less than forty members of the Assembly, summon the Assembly within fourteen days of such request, and when the Speaker has summoned it, he may prorogue it. (5) Nothing in clauses (1), (2) and (3) shall apply to the summoning of the National Assembly for the making of the Constitution. (6) The President may at any time dissolve the National Assembly, but the first National Assembly under this Constitution shall not be dissolved before the fourteenth day of August, 1973. Conduct of Constitution etc. Summoning of National Assembly, its prorogation and dissolution. Right of President to address and send messages to National Assembly. Rights of respects National Assembly. Speaker and 69.-(1) The President may address the National Assembly, and for that purpose require the attendance of its members. (2) The President may send messages to the National Assembly, whether with respct to a Bill then pending in the Assembly or otherwise, and the Assembly shall with all convenient dispach consider any matter which it is required by the message to take into consideration. 70. Every Minister, Minister of State, and the AttorneyGeneral shall have the right to speak in, and otherwise take part in the proceedings of, the National Assembly, or any committee thereof of which he may be named a member, but shall not, by virtue of this Article, be entitled to vote. 71. (1) As soon as may be after the commencing day, the National Assembly shall, at its first meeting, choose two of its members to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker, or, as the case be, Deputy Speaker. (2) Before he enters upon his office, the person chosen as Speaker or as Deputy Speaker shall make before the President and Speaker, respectively, an oath in such in form set out in the Second Schedule as is applicable to his office. (3) At any time when the office of speaker is vacant, or the Speaker is absent or is unable to perform the functions of his office due to illness or any other cause, the Deputy Speaker shall act as Speaker, except that, if at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to illness or other cause, such member, as may be determined by the rules of procedure of the Assembly shall act as Speaker. (4) The Speaker may, by writing under his hand addressed to the President, resign his office. (5) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his office. (6) The office of Speaker or Deputy Speaker shall become vacant if (a) he ceases to be a member of the Assembly; or (b) he is removed from office by a resoution of the Assembly, of which not less than fourteen days' notice has been given, and which is passed by a majority of votes of the members of the Assembly present and voting: Provided that the number of members constituting the majority is not less than seventy-five. (7) Whenever the Assembly is dissolved, the Speaker shall not vacate his office until the person chosen to fill the office by the next Assembly has entered upon his office. (8) The salaries, allowances and privileges of the Speaker and Deputy Speaker shall be such as may from time to time be defined by Act of the Federal Legislature, and until so defined, as may be determined by the President. |