Prime Minister of Pakistan explained

Body:Pakistan
Department:Executive branch of the
Government of Pakistan
Constituting Instrument:Constitution of Pakistan
Flag:Flag_of_the_Prime_Minister_of_Pakistan.svg
Flagsize:150px
Insignia:State emblem of Pakistan.svg
Insigniasize:100px
Insigniacaption:State Emblem of Pakistan
Incumbent:Shehbaz Sharif
Incumbentsince:4 March 2024
Style:
Deputy:Deputy Prime Minister of Pakistan
Status:Leader of the House
Abbreviation:PM
Reports To:
Residence:Prime Minister House
Seat:Prime Minister's Office, Islamabad Capital Territory-44010
Appointer:National Assembly of Pakistan
Appointer Qualified:through a vote held either after a General Election or when a vacancy arises where the candidate receives either votes of an absolute majority of votes from total members in the first ballot or a majority of votes from members present and voting in the subsequent run-off ballot[2]
Termlength:Until the dissolution of the National Assembly or until the Assembly expresses no-confidence
Salary:, annual
Inaugural:Liaquat Ali Khan
(1947–1951)
Post:Prime Minister
Type:Head of government

The prime minister of Pakistan (Urdu: {{Nastaliq|وزِیرِ اعظم پاکستان , romanized: Wazīr ē Aʿẓam, in Urdu pronounced as /ʋəˈziːr-ˌeː ˈɑː.zəm/) is the head of government of the Islamic Republic of Pakistan. Executive authority is vested in the prime minister and his chosen cabinet, despite the president of Pakistan serving as the nominal head of executive. The prime minister is often the leader of the party or the coalition with a majority in the lower house of the Parliament of Pakistan, the National Assembly where he serves as Leader of the House. Prime minister holds office by virtue of their ability to command the confidence of the National Assembly. The prime minister is designated as the "chief executive of the Islamic Republic".

Pakistan's prime minister leads the executive branch of the federal government, oversees the state economy, leads the National Assembly, heads the Council of Common Interests as well as the Cabinet, and is charged with leading the National Command Authority over Pakistan's nuclear weapons arsenal.[3] [4] [5] This position places its holder in leadership of the nation and in control over all matters, both internal affairs and foreign policy.[6] The prime minister is elected by the members of the National Assembly and is therefore usually the leader of the majority party in the parliament. The Constitution of Pakistan vests executive powers in the prime minister, who is responsible for appointing the Cabinet as well as running the executive branch, taking and authorizing executive decisions, appointments, and recommendations that require prime ministerial confirmation.[7]

Constitutionally, the prime minister serves as the chief adviser to the president of Pakistan on critical matters; and plays an influential role in appointment in each branch of the military leadership as well as ensuring civilian control of the military through chairman joint chiefs, although this does not necessarily happen in tandem.[8] [9] Prime ministerial powers have significantly grown with a delicate system of check and balance by each branch.[10] The position was absent during the years of 1958–1973, 1977–1985, and 1999–2002 due to imposed martial law. In each of these periods, the military junta led by the president had the powers of the prime minister.[11]

History

The office of the prime minister was created on immediate effect after the partition and the establishment of Pakistan in 1947; the prime minister existed alongside the governor-general who was the representative of the British monarchy. The first prime minister, Liaquat Ali Khan, exercised central executive powers until his assassination in 1951.[12] The powers slowly began to be reduced as a result of constant intervention by the governor-general. Despite the first set of the Constitution giving central power in 1956, the next six prime ministers were dismissed by the governor-general from 1951 till 1957. The first set of the Constitution had evolved the governor-general into the president of Pakistan whilst declaring the country an "Islamic republic".[13] [14] In 1958, President Iskandar Mirza dismissed the seventh prime minister to impose martial law in a mere two weeks, President Mirza was ousted by army chief General Ayub Khan who had for a brief period held the post of Prime Minister.

In 1962, the second set of the Constitution completely dissolved the office of prime minister as all powers were transferred to the president of Pakistan.[14] [15] Criticism over the presidency after the presidential election held in 1965 over the centralizing of powers. After the general elections held in 1970, the office was established with Nurul Amin becoming the prime minister who was also the vice-president. Negotiations that fall apart between Zulfikar Ali Bhutto, Mujibur Rehman, and Yahya Khan that prompted to liberation movement in the East Pakistan. With India intervening in East Pakistan and Pakistan conceding defeat to end the war led to the collapse of the presidential system in 1971.

As the comprehensive Constitution reinstated in 1973, the post was reestablished with more central powers as the constitution provided a parliamentary system with President of Pakistan as figurehead.[16] Amid agitation instigated by the right-wing alliance invited the military intervention in 1977 which suspended the post.

The general elections held in 1985 restored the post, with Muhammad Junejo becoming the prime minister. Later that year, the National Assembly passed the controversial eighth amendment to the Constitution, giving the president the power to dismiss the prime minister and the National Assembly without prior consultation.[17] The general elections in 1988 resulted in the Pakistan Peoples Party's Benazir Bhutto becoming the first woman prime minister elected in a Muslim country.[18]

From 1988 to 1993, the power struggle between the prime minister and presidency continued with the president dismissing the National Assembly on three different occasions. At the 1997 elections, the PML(N) secured a two-thirds majority in the Parliament and drafted the XIII and XIV Amendments to reverse the eighth amendment to the Constitution; this allowed Nawaz Sharif to centralize more executive powers.[19] After the draw down of civil-military relations in 1999, Chairman joint chiefs General Pervez Musharraf staged a coup d'état against the PML(N)'s government and held nationwide elections in 2002.[20]

With no party gaining a majority, a coalition was formed with the PML(Q) – a breakaway of the PML(N) and a pro-Musharraf party – leading with MQM. After some political wrangling, Zafarullah Jamali became the prime minister, and passed the XVII amendment which partially restored the power of the president to dissolve the National Assembly, but made the dissolution subject to the Supreme Court of Pakistan's approval.[21]

Over the authority issues, Prime Minister Jamali resigned in 2004 and Shaukat Aziz was eventually appointed as Prime Minister, securing 151 out of 191 votes in the National Assembly.[22] The XVII amendment featured a semi-presidential system allowing the presidency to keep the interference executive and the judiciary.[21] The general elections in 2008 resulted in the PPP coming to power and supporting the movement to oust Pervez Musharraf.[23] A populist intellectual movement leading to the departure of Pervez Musharraf allowed Asif Zardari to become president. In 2010, the XVIII Amendment to the Constitution of Pakistan was passed to reverse the XVII amendment; it returned the country to being a parliamentary democratic republic. The XVIII Amendment removed all powers of the presidency to dissolve the Parliament unilaterally and sweep away the powers amassed by the former presidents Pervez Musharraf and Zia-ul-Haq to maintain a delicate check and balance.[24]

Following a contempt of court case, the Supreme Court permanently disqualified Prime Minister Yousuf Raza Gillani.[25] Originally, the PPP nomination was Makhdoom Shahbuddin,[26] but he was forced to withdraw after the ANF issued non-bailable arrest warrants against him. Raja Pervaiz Ashraf became the prime minister and remained in office until 2013.[10] [27] [28] [29] The general election held in 2013 saw the PML(N) almost achieve a supermajority. Following this, Nawaz Sharif was elected as Prime Minister, returning to the post for the third time after a fourteen-year absence, in a democratic transition. In July 2017, Nawaz Sharif was disqualified as prime minister, not on the corruption charges linked to Panama papers leak that he was questioned for in extension due to his sons, but for failing to declare as in his nomination papers, salary from a company owned by his son. His lawyer insisted that though the ousted prime minister was designated chairman of the company, he had never drawn any salary from the company, however, the judges consulting Black's Law Dictionary chose to disqualify Nawaz Sharif for not paying taxes on an asset he never held but could have.[30] [31]

On 18 August 2018, Imran Khan was sworn in as the country's 22nd prime minister.[32] On 10 April 2022, a constitutional crisis culminated in Khan losing a motion of no confidence with 174 votes cast against him, ending his premiership and making him the first Prime Minister of Pakistan to be legitimately removed from office, through a motion of no confidence.[33]

On 11th April 2022, Shehbaz Sharif was elected as the country's 23rd Prime Minister. He won by majority 174 votes in the National Assembly of Pakistan. [34] [35] Sharif will serve a term, at most of almost one year to fulfill Imran Khan's term until the 2023 Pakistani General Election, though the election may be called earlier.

On 3rd March 2024, Shehbaz Sharif was re-elected for the second time as the country's 24th Prime Minister.[36] [37] He won by majority in the National Assembly of Pakistan against Omar Ayub Khan in a disputed elections.[38]

Constitutional law

The Constitution envisages a scheme of affairs in which the president of Pakistan is the head of state who represents the "unity of the Republic." The system of government in Pakistan is based on codified constitution which sees the prime minister as "chief executive of the Republic."

The prime minister is also the chairman of the Council of Common Interests as set by:

As in most of the parliamentary democracies, a head of state's duties are mostly ceremonial. The prime minister of Pakistan is the head of government and has the responsibility for executive power. With Pakistan following a parliamentary system of government, the Prime minister is generally the leader of a party (or coalition of parties) that has a majority in the National Assembly —the lower house of the Parliament of Pakistan. The prime minister, in common with all other ministers, has to be a member of National Assembly.

Role and powers

The principal workplace of the prime minister is the Prime Minister's Office located in northeast Islamabad. The official residence, known as Prime Minister Enclave, is near the Prime Minister's Office. The prime minister is the chief executive who heads and exercises the authority of the Government of Pakistan. After obtaining a vote of confidence, the prime minister is invited by the president to take the oath of office and form the government. In practice, the prime minister nominates the members of the Cabinet who supervise the important functions and ministries of the Government of Pakistan and communicates to the president all decisions of the Cabinet relating to the administration of affairs of state and proposals for legislation.[39]

The prime minister, in consultation with the Cabinet, schedules and attends the sessions of the Parliament and is required to answer questions from members of parliament to the ministers.The prime minister makes appointments on various important positions, including:

Some specific ministries are usually allocated to the prime minister:

The prime minister is vested with command authority over the Pakistani nuclear arsenal and represents the country in various delegations, high-level meetings, and international organisations that require the attendance of the highest government office and also addresses the nation on various issues of national importance.[5]

Eligibility

The Constitution of Pakistan requires that the prime minister be a member of the National Assembly.[40] As well as this, one must:

Selection and removal

The candidates for the prime minister are members of the National Assembly who were chosen through direct elections by popular vote following campaigning on the party platforms.[42] Usually, the leader of the majority party in the parliament retains the office of prime minister, and forms the government either by coalition or by simple majority.[43] The candidate must retain the vote of confidence of the members of the parliament before being invited by the president to form the government.

The prime minister can be removed before the expiry of the term through a vote of no confidence in the parliament. If the vote of no confidence is passed by the National Assembly by a simple majority, the prime minister ceases to retain the office. In the past, prime ministers (and their governments) have been dismissed by the president exercising the VIII Amendment to the Constitution of Pakistan (1985), but this was repealed by the XVIII Amendment to the Constitution of Pakistan (2010).[44] [45] The prime minister has absolute constitutional immunity from criminal and civil proceedings, and no proceedings can be initiated or continued against him during the term of his office.[46]

In 2012, the Supreme Court of Pakistan has ceased at least one prime minister from retaining the office due to contempt of court after retroactively disqualifying the membership of the parliament permanently.[47] [48]

On 28 July 2017, the Supreme Court of Pakistan disqualified the prime minister Nawaz Sharif from retaining the office due to his failure in fulfilling the eligibility requirements as enshrined in Articles 62 of the Constitution. This was in the aftermath of the Supreme Court hearing regarding the Panama Papers Case. This also resulted in him being permanently disqualified from membership of the parliament.[49]

The prime minister is elected by the National Assembly.[50] The National Assembly meets on the twenty-first day after a general election (at least every five years) unless the president calls for a vote of no confidence. Whichever member of the National assembly is chosen serves as the prime minister until the next election or until he fails to maintain the confidence of the National Assembly.

Oath of office

The prime minister is required to make and subscribe to, in the presence of the president, an oath or affirmation that they shall protect, preserve and defend the Constitution as follows:

See also

Notes

  1. Web site: Heads of State, Government and Ministers for Foreign Affairs. UN. United Nations Foreign and Protocol Service.
  2. Web site: Constitution of the Islamic Republic of Pakistan - Part III, Chapter 3: The Federal Government.
  3. Article 91(1) in Chapter 3: The Federal Government, Part III: The Federation of Pakistan in the Constitution of Pakistan.
  4. http://pakistani.org/pakistan/constitution/part5.ch3.html Article 153(2a)-153(2c)
  5. News: Govt. of Pakistan. The National Command Authority Act, 2010. 6 May 2015. National Assembly press. National Assembly press. 3 March 2010. Islamabad.
  6. Book: Pakistan Country Study Guide Strategic Information and Developments . 2012. Intl Business Pubns USA. 978-1438775258.
  7. News: Prime minister . 16 October 2008 . . 8 September 2012.
  8. http://pakistani.org/pakistan/constitution/part12.ch2.html Article 243(2))
  9. http://pakistani.org/pakistan/constitution/part3.ch1.html Article 46
  10. News: Pakistan Supreme Court orders arrest of PM Raja Pervez Ashraf . . 15 January 2013.
  11. Book: Singh. R.S.N.. The military factor in Pakistan. 2008. Frankfort, IL. New Delhi. 978-0981537894.
  12. Web site: Special Edition (Liaqat Ali Khan) . . M Yakub . Mughal . 8 September 2012 . dead . https://web.archive.org/web/20120121225534/http://jang.com.pk/thenews/spedition/liaqat_ali_khan/page4.htm.html . 21 January 2012 .
  13. Web site: The Constitution of 1956 . Story of Pakistan . 1 June 2003 . 8 September 2012.
  14. Book: Encyclopaedia of Bangladesh. Nagendra Kr. Singh. Anmol Publications Pvt. Ltd.. 9–10. 2003. 978-81-261-1390-3.
  15. Web site: The Constitution of 1962 . Story of Pakistan . 1 June 2003 . 8 September 2012.
  16. Web site: The Constitution of Pakistan . infopak.gov.pk . 8 September 2012 . dead . https://web.archive.org/web/20071109103454/http://www.infopak.gov.pk/constitution_pakistan.aspx . 9 November 2007 .
  17. Book: Dossani . Rafiq . Rowen . Henry S. . 2005 . Prospects for Peace in South Asia . Stanford University Press . 42–43 . 978-0-8047-5085-1.
  18. Web site: Benazir Bhutto Becomes Prime Minister . Story of Pakistan . 1 June 2003 . 8 September 2012.
  19. Book: Akbar, M.K . Pakistan Today . New Delhi, India . Mittal Publications . Pakistan Under Navaz Sharif . 230 . https://books.google.com/books?id=g6D8xkFgTwEC&pg=PA1 . 978-81-7099-700-9 . 8 September 2012. 1 January 1998 .
  20. Web site: Pakistan after the coup: Special report . BBC News. 12 October 2000 . 8 September 2012.
  21. Web site: Seventeenth Amendment 2003 . Story of Pakistan . 1 June 2004 . 8 September 2012.
  22. Web site: Shaukat Aziz profile from BBC . BBC News. 19 August 2004 . 8 September 2012.
  23. Web site: Yousaf Raza Gillani profile from BBC . BBC News. 19 June 2012 . 8 September 2012.
  24. News: Eighteenth Amendment to the Constitution of Pakistan . . 8 September 2012 . https://web.archive.org/web/20110601063509/http://www.na.gov.pk/passed_bill/passed_bill_2010/constitution_eighteenth_amendment_act2010_080410.pdf . 1 June 2011 . dead .
  25. News: Pak SC disqualifies Gilani; new PM to be selected soon . https://web.archive.org/web/20120620011432/http://www.hindustantimes.com/world-news/Pakistan/Pak-SC-disqualifies-Gilani-new-PM-to-be-selected-soon/Article1-874936.aspx. dead. 20 June 2012. . 19 June 2012 . 8 September 2012.
  26. News: Pakistan Peoples Party nominates Makhdoom Shahbuddin as new PM . . 20 June 2012.
  27. News: Raja Pervez Ashraf nominated new Prime Minister of Pakistan . . Muhammad . Nabi . 22 June 2012 . 8 September 2012 . https://web.archive.org/web/20120826092346/http://www.brecorder.com/top-news/1-front-top-news/63562-raja-pervez-ashraf-nominated-new-prime-minister-of-pakistan.html . 26 August 2012 . dead .
  28. News: Raja Pervez Ashraf declared new Pakistani PM . 22 June 2012 . The Dawn . 22 June 2012.
  29. News: PPP nominates Raja Pervez Ashraf as new Pakistan PM . The Times of India . 22 June 2012 . 8 September 2012.
  30. Web site: 28 July 2017 . Pakistani court removes PM Nawaz Sharif from office in Panama Papers case . TheGuardian.com.
  31. Web site: Siddiqui . Zain . 2017-07-28 . The technicality that led to Nawaz Sharif's disqualification . 2023-12-05 . DAWN.COM . en.
  32. News: Imran to take oath as PM on August 18: PTI. Raza. Syed Irfan. 11 August 2018. Dawn. Pakistan. 12 August 2018.
  33. News: Imran Khan loses no-trust vote, prime ministerial term set for unceremonious end. April 9, 2022. Dawn.
  34. Web site: Dawn.com . 2022-04-11 . Shehbaz Sharif elected prime minister of Pakistan . 2022-04-11 . DAWN.COM . en.
  35. Web site: Zaman . Q. . Shehbaz Sharif elected as Pakistan's new prime minister . 2022-04-11 . Al Jazeera . en.
  36. Web site: Desk . Web . 2024-03-03 . Shahbaz Sharif elected as 24th Prime Minister of Pakistan . 2024-03-03 . Hum NEWS . en-US.
  37. Web site: 2024-03-03 . Shehbaz Sharif wins Pakistan's top job for second time . 2024-03-03 . Yahoo News . en-SG.
  38. Web site: Shehbaz Sharif 'elected' Pakistan PM weeks after disputed elections . 2024-03-03 . WION . en-us.
  39. Article 46(a) in Chapter 1: The President in Part III: The Federation of Pakistan of the Constitution of Pakistan
  40. Web site: Chapter 2: "Majlis-e-Shoora (Parliament)" of Part III: "The Federation of Pakistan". pakistani.org.
  41. Web site: Qualifications for membership of Majlis-e-Shoora (Parliament).
  42. News: Hanif. Mohammad. Pakistan elections: how Nawaz Sharif beat Imran Khan and what happens next. 20 May 2015. The Guardians. The Guardians, Pakistan Bureau. 13 May 2013.
  43. News: Boone. Jon. Nawaz Sharif: rightwing tycoon who has won over liberals – for now. 20 May 2015. The Guardians. The Guardians. 17 May 2013.
  44. Book: Aziz. Mazhar. The Military Control in Pakistan: The Parallel State. 2007. Routledge. United States. 978-1134074105. 20 May 2015.
  45. Book: Omar . Imtiaz . 2002 . Emergency powers and the courts in India and Pakistan . England . Kluwer Law International . 978-9041117755.
  46. http://pakistani.org/pakistan/constitution/part12.ch4.html Article 248(1)
  47. News: Walsh. declan. Political Instability Rises as Pakistani Court Ousts Premier. 20 May 2015. The New York Times. 19 June 2012.
  48. News: Nauman. Qaiser. Pakistan Supreme Court disqualifies prime minister. 20 May 2015. Reuters. Reuters, Pakistan Bureau. 19 June 2012.
  49. News: Pakistan Supreme Court disqualifies prime minister. 28 July 2017. Dawn. 28 July 2017.
  50. http://pakistani.org/pakistan/constitution/part3.ch3.html Article 91

Further reading

External links