ISLAMABAD – The political bickering for the selection of next PrimeMinister is underway with Pakistan Muslim League Nawaz and PakistanTehreek-e-Insaf trying to woo independents, however, a constitutionalclause might help Imran Khan become the next chief executive of thecountry, even without securing a magical figure in the Lower House of theParliament.
The National Assembly comprises 342 members, out of which any candidate forPM needs the support of 172 members i.e 51 per cent of the members,however, according to the section 91 (4) of the Constitution of Pakistan,if no one is able to secure the simple majority support in NA, one whosecures more number of votes among the members present would be declared asPrime Minister of Pakistan.
The constitutional clause, which has provided a breathing space to PakistanTehreek-e-Insaf, extends the privilege that its not necessary to bag thesupport of 51 percent of the lawmakers.
Article 91(4) of the constitution reads: (4) The Prime Minister shall beelected by the votes of the *majority of the total membership of theNational Assembly*:
Provided that, if no member secures such majority in the first poll, asecond poll shall be held between the members who secure the two highestnumbers of votes in the first poll and the member who secures a majority ofvotes of the members present and voting shall be declared to have beenelected as Prime Minister:
Provided further that, if the number of votes secured by two or moremembers securing the highest number of votes is equal, a further poll shallbe held between them until one of them secures a majority of votes of themembers present and voting.
The constitutional clause confirms that even if PTI fails to garner therequired magical figure i.e 172, it can elect Imran Khan as the PrimeMinister on the premise that it can exceed its rivals in terms of thequantity of recently elected legislators.
Interestingly, the criteria for the selection of Chief Minister is the sameas Article 130 of the constitution runs parallel to the Article 91virtually implying that only a majority is required even if any party failsto secure the magical figure needed to form a government and elect itschief minister.
Moreover, there is no embargo on the selection of chief minister from amongthe lawmakers elected to the house on reserved seats. Additionally, a chiefexecutive of the province can be from the non-Muslim community as well.
For the Prime Minister, the constitution of 1973 binds that no no-Muslimcan be elected to the slot as per the criteria laid out in Article 91section (3).
Traditionally, any legislator, who is elected to the house after contestingthe General Elections is appointed as the Prime Minister and ChiefMinister, though no constitutional restriction persists.
The constitution directs the president to convene the session of theNational Assembly on the twenty-first day following the day on which ageneral election to the Assembly is held, while the limit is same for theGovernor to summon a session of provincial assembly.
However, both the state and provincial heads can summon a session in lessthan 21 days as well.
The criteria laid out in Article 91 and Article 130 of theconstitution apparently seems to stave off any stalemate on the selectionof the Prime Minister and the Chief Minister.
According to the numbers game on the federal level, PTI is leading with 116seats to their name followed by Pakistan Muslim league Nawaz with 64 seatswhile Pakistan Peoples Party has gained 43 seats.
In Punjab, the battle is more nerve-racking as Pakistan Muslim League Nawazhad gained 129 seats, trailed by 123 seats secured by PakistanTehreek-e-Insaf which also claims to gain majority owing to the independentcandidates.