GOVERNOR PUNJAB
AN ARTICLE BY ASHRAF
ASMI ADVOCATE
ABOUT THE GOVERNOR
PUNAJAB
HOW AND WHO BECOME
GOVERNOR OF PUNJAB
?
LEGAL &
CONSTITUTIONAL POINT OF VIEW
The Governor of Punjab is the appointed head of state of the provincial government in Punjab, Pakistan’s most populous and politically important province.
The governor is designated by the Prime Minister and, in theory, the position is largely ceremonial, however during times of crisis, the powers of provincial governors are vastly increased and the position takes on huge influence.
The governor today has a demanding schedule, where in addition to the official work being carried out at the Governor’s House, he needs to frequently travel to the outlying areas of the province, along with travel to Islamabad for consultation with the federal government on many issues of concern.
Role / Powers of the Governor under the Constitution
Article 101: Appointment of Governor.
There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister.
A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age and is a registered voter and resident of the Province concerned.
The Governor shall hold office during the pleasure of the President {and shall be entitled to such salary, allowances and privileges as the President may determine}.
The Governor may, by writing under his hand addressed to the President, resign his office.
The President may make such provision as he thinks fit for the discharge of the functions of a Governor {in any contingency not provided for in this part}.
Article 105: Governor to act on advice etc
Subject to the Constitution, in the performance of his functions, the Governor shall act [on and] in accordance with the advice of the Cabinet {or the Chief Minister}:
{Provided that [within fifteen days] the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall [, within ten days,] act in accordance with the advice of tendered after such reconsideration.}
The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister {or the Cabinet} shall not be inquired into in, or by, any court, tribunal or other authority.
["(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,-
appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and
appoint a care-taker Cabinet." and]
The provisions of clause (2) of Article 48 shall have effect in relation to a Governor as if reference therein to “President” were reference to “Governor”.
Article 109: Summoning and prorogation of Provincial Assembly
The Governor may from time to time—
(a) summon the Provincial Assembly to meet at such time and place as he thinks fit; and
(b) prorogue the Provincial Assembly.
Article 110: Right of Governor to address Provincial Assembly
The Governor may address the Provincial Assembly and may for that purpose require the attendance of the members.
Article 112: Dissolution of Provincial Assembly
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.
Explanation.- Reference in this Article to ‘Chief Minister* shall not be construed to include reference to a Chief Minister against whom a notice of 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.
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.]
Article 116: Governor’s assent to Bills
When a Bill has been passed by the Provincial Assembly, it shall be presented to the Governor for assent.
When a Bill is presented to the Governor for assent, the Governor shall, within [ten] days,
(a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to the Provincial Assembly with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.
When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting, it shall be again presented to the Governor and the Governor shall [give his assent within ten days, failing which such assent shall be deemed to have been given].
When the Governor has assented [or is deemed to have assented] to a Bill, it shall become law and be called an Act of Provincial Assembly.
No Act of a Provincial Assembly, and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.
Article 119: Custody, etc., of Provincial Consolidated Fund and Public Account
The custody of the Provincial Consolidated Fund, the payment of moneys into that Fund, the withdrawal of moneys therefrom, the custody of other moneys received by or on behalf of the Provincial Government, their payment into, and withdrawal from, the Public Account of the Province, and all matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of the Provincial Assembly or, until provision in that behalf is so made, by rules made by the Governor.
Article 128: Power of Governor to promulgate Ordinances
The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.
An Ordinance promulgated under this Article shall have the same force and effect as an Act of the Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws, but every such Ordinance—
(a) shall be laid before the Provincial Assembly and shall stand repealed at the expiration of [ninety days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
["Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of ninety days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:
Provided further that extension for a further period may be made only once.]”
(b) may be withdrawn at any time by the Governor.
Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial Assembly shall be deemed to be a Bill introduced in the Provincial Assembly.
Article 129: Power of Governor to promulgate Ordinances
Subject to the Constitution, the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister.
Article 130: The Cabinet
There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions.
The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.
The member elected under clause (4) 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:
The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon 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.
Article 131: Power of Governor to promulgate Ordinances
The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.]
Article 132: Provincial Ministers
Subject to clauses [(9) and (10)] of Article 130, the Governor shall appoint Provincial Ministers from amongst members of the Provincial Assembly on the advice of the Chief Minister.
Before entering upon office, a Provincial Minister shall make before the Governor oath in the form set out in the Third Schedule.
A Provincial Minister may, by writing under his hand addressed to the Governor, resign his office or may be removed from office by the Governor on the advice of the Chief Minister.
Article 133: Chief Minister continuing in office
The Governor may ask the Chief Minister to continue to hold office until his successor enters upon the office of Chief Minister.
Article 139: Conduct of business of Provincial Government
All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor.
The [Provincial Government] shall by rules specify the manner in which orders and other instruments made and executed [in the name of Governor] shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the Governor.
Article 140: Advocate General for a Province
The Governor of each Province shall appoint a person, being a person qualified to be appointed a Judge of the High Court, to be the Advocate General for the Province.
The Advocate General shall hold office during the pleasure of the Governor [and shall not engage in private practice so long as he holds the office of the Advocate-General.]
The Advocate-General may, by writing under his hand addressed to the Governor, resign his office.
Article 145: Power of President to direct Governor to discharge certain functions as his Agent
The President may direct the Governor of any Province to discharge as his Agent, either generally or in any particular matter, such functions relating to such areas in the Federation which are not included in any Province as may be specified in the direction.
The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
Article 194: Oath of Office
Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule:
“Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.”
Article 234: Power to issue Proclamation in case of failure of constitutional machinery in a Province
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 of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed by each House separately shall, by Proclamation, –
(a) assume to himself, or direct the Governor of the Province 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, any body 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 appear 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 any body or authority in the Province:
Provided that nothing in this Article shall authorise 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.
The provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).
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 resolution of the joint sitting and may by like resolution be extended for further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more that six months.
Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration of that period unless it has earlier been approved by a resolution of the Senate.
Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of [Majlis-e-Shoora (Parliament)], it shall be competent –
(a) to [Majlis-e-Shoora (Parliament)] in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;
(b) to [Majlis-e-Shoora (Parliament)] in joint sitting, of the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;
(c) to the President, when [Majlis-e-Shoora (Parliament)] is not in session, to authorise expenditure from the Provincial consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by [Majlis-e-Shoora (Parliament)] in joint sitting; and
(d) to [Majlis-e-Shoora (Parliament)] in joint sitting by resolution to sanction expenditure authorised by the President under paragraph (c).
Any law made by [Majlis-e-Shoora (Parliament)] or the President which [Majlis-e-Shoora (Parliament)] or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things, done or omitted to be done before the expiration of the said period.
Article 235: Proclamation in case of financial emergency
If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consultation with the Governors of the Provinces, or as the case may be, the Governor of the Province concerned, by Proclamation make a declaration to that effect, and, while such a Proclamation is in force, the executive authority of the Federation shall extend to the giving of directions to any Province to observe such principles of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof.
Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of a Province.
While a Proclamation issued under this Article is in force the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the Federation.
The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.
Article 248: Protection to President, Governor, Minister, etc.
The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective officers or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.
No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of any thing done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.
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