VOTE OF CONFIDENCE AND NO CONFIDENCE

By Syed Zaffar Hassan Naqvi

National Officer Academy (NOA)
Vote of Confidence Vote of No Confidence

Constitutional Article 91(7) Article 95

Provision
Text of the Note 1 Note 2
Constitution
Who Can President of Pakistan Twenty per centum of the total
Initiate the membership of the National Assembly
Process?
Time Lines No time line prescribed under Not earlier than three days and later than
the Constitution(Note 5) 7 days after the resolution is moved.
Required Simple Majority of the Simple Majority of the National
Strength National Assembly Assembly
Prime Burden to
Prove the
The Prime Minister/Leader of
the House
Movers of the Resolution

Minister requisite
Strength
Impact on Constitution is silent whether The PM is stripped of his power to advise
Dissolution of the power of PM to dissolve the President to dissolve the National
Assembly the assembly remains intact or Assembly under Article 58 of the
not? Constitution upon receipt of notice of the
resolution for the vote of no confidence.
Restriction No express restriction upon Cannot be moved when the National
the power of the President Assembly is considering demands for
under this provision. grants during the budget session.
Constitutional Article 130(7) Article 136
Provision
Text of the Note 3 Note 4
Constitution
Chief Who Can
Initiate the
Governor of a Province Twenty per centum of the total
membership of the Provincial Assembly
Minister Process?
Time Lines No time line prescribed under Not earlier than three days and later than
the Constitution(Note 5) 7 days after the resolution is moved.
Required Simple Majority of Provincial Simple Majority of the Provincial
Strength Assembly Assembly
Burden to The Chief Minister/Leader of Movers of the Resolution
Prove the the House
requisite
Strength
Impact on Constitution is silent whether The CM is stripped of his power to advise
Dissolution of the power of CM to dissolve the President to dissolve the National
Assembly the assembly remains intact or Assembly under Article 112 of the
not? Constitution upon receipt of notice of the
resolution for the vote of no confidence.
Restriction No express restriction upon No express restriction upon the members
the power of the Governor of provincial assembly to move this
under this Provision resolution.
 NOTE 1:
Article 91(7)
The Prime Minister shall hold office during the pleasure of the President, but the President shall
not exercise his powers under this clause unless he is satisfied that the Prime Minister does not
command the confidence of the majority of the members of the National Assembly, in which
case he shall summon the National Assembly and require the Prime Minister to obtain a vote of
confidence from the Assembly.

NOTE 2
Article 95
95 Vote of no-confidence against Prime Minister.
(1) A resolution for a vote of no-confidence moved by not less than twenty per centum of the
total membership of the National Assembly may be passed against the Prime Minister by
the National 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 National Assembly.

(3) A resolution referred to in clause (1) shall not be moved in the National Assembly while
the National Assembly is considering demands for grants submitted to it in the Annual
Budget Statement.

(4) If the resolution referred to in clause (1) is passed by a majority of the total membership
of the National Assembly, the Prime Minister shall cease to hold office.
 NOTE 3
Article 130(7)
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.

NOTE 4

Article 136
136 Vote of no-confidence against Chief Minister.
(1) A resolution for a vote of no-confidence moved by not less than twenty per
centum 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 (1) is passed by a majority of the total
membership of the Provincial Assembly, the Chief Minister shall cease to hold
office

Note 5
In a case titled as “Mian Manzoor Ahmad Wattoo Versus Federation of Pakistan
and 3 others” (PLD 1997 Lahore 38), the Honourable Lahore High Court held that the
CM was to be given a reasonable period of time to seek the vote of confidence and in
view of circumstances of that case, the Honourable Court found 10 days being the
reasonable period. The relevant excerpt from the Judgment is reproduced hereunder.

“At Best the petitioner is entitled `to grant of reasonable time, fit the
circumstances of the case and keeping in view the fact that the petitioner
remained out of office for the last more than one year, we think that a
period of ten days would meet I the ends of justice.”