Prime Minister and It's Powers

Constitutional Law - LLB Notes
“Prime Minister & His Powers and Functions”
1.Introduction
In the Parliamentary system Prime Minister is the head of the
government and the whole system of the state revolves round him. He
is the leader of majority party in the Parliament and he is the source of
power. He is more powerful than the president.
2. Relevant and Provisions

➢ Article 46, 91, 95 of the Constitution of Pakistan 1973.
3. The Office Of The Prime Minister According To The Constitution Of

1973:
The Prime Minister under the constitution of 1973 is the real
Executive and head of government. The president is merely a
constitutional figurehead who acts on the advice of the Prime
Minister. In fact he is the real ruler of Pakistan.
➢ Article 97 says:
By the 18th Amendment there shall be cabinet of ministers, with
the Prime Minister at its head to aid and advise the President in
the exercise of his function.
4. Qualifications/Characteristics For The Office Of Prime Minister:

i. Citizen of Pakistan:
He must be the citizen of Pakistan.
ii. Member of N.A.

He must be the member of National Assembly.
iii. Should not hold any Office of Profit:

He should must hold any office of profit in the service
of Pakistan.
iv. Ideology of Pakistan:

He must believe on Ideology of Pakistan.
v. Mentally and Physically Fit:

He must be mentally and physically fit.
5. Election Of The Prime Minister:

The member of the National Assembly elects Prime Minister,
the leader of the majority party. Assembly in its first session elect
speaker and Deputy Speaker, and then the Prime Minister. The Prime
Minister shall be elected by the majority vote of the total membership
of the National Assembly.
6. Oath Of The Prime Minister:

After election, the Prime Minister takes the oath in the presence
of the president. He declares to be Muslim, and the belief in the finality
of Prophet (S.A.W), promises national interest, protect the constitution,
and be loyal with the country.
7. Term of The Office:

The tenure of the post of the Prime Minister is Five Years.
8. Powers And Functions Of The Prime Minister:

The Powers and functions of the Prime Minister as under:
i. Chief Advisor of the President:
The Prime Minister is the Chief Advisor of the
president. The president performs his duties with the
consultation of the Prime Minister.
ii. Formation of the Cabinet:

The Prime Minister, after taking oath, select his cabinet
Every Minister, individually and cabinet as whole are
responsible for their acts to the parliament.
iii. National Leader:

The Prime Minister is a national leader. He leads the
nation and organizes the public opinion in favor of his
party.
iv. Leader of the Cabinet:

The Prime Minister is the leader of the cabinet. All the
minister work under the supervision of the Prime
Minister.
v. Leader of the House:
The Prime Minister is the leader of the National
Assembly. His proposals are honored in the house. He
expresses his views in the Assembly.
vi. Power to Confer titles and Awards:

The Prime Minister has power to confer title and
awards to those who show excellent performance in
different field of life.
vii. Power of Appointments:

The Prime Minister has power to appoint the high
ranking officials with the approval of the president of
Islamic Republic of Pakistan. He appoints diplomats,
ministerial staff and Judges of the Supreme Courts and
the high courts. He also appoints the members of
National Finance Commission etc.
viii. Financial Power:

The Prime Minister also performs finance matters. The
budget is prepared under his supervision.
ix. Public Welfare:

The Prime Minister works for the public welfare. He
takes every possible step to improve the life style of
the people of his country.
x. Foreign Relation:
The foreign policy is prepared under his guidelines. The
diplomats are appointed by the president on the
recommendations of the Prime Minister.
xi. Power of Legislation:

The Prime Minister takes part in legislation. All
proceedings are conducted with the consent of the
Prime Minister. He plays a vital role in law making.
xii. Administrative Duties:

The Prime Minister performs the administrative
function. He is responsible for the smooth running of
the affairs of the country. He maintains law and order
in the country.
xiii. Defense of the Country:

The Prime Minister is responsible for the defense of
the country. He can take step to improve the defense
system of the country.
xiv. Power to Dissolve the National Assembly:

The Prime Minister can ask the president to dissolve
the National Assembly.
xv. Party Head:

The Prime Minister is the party head. He belongs to
party who has majority in the house.
xvi. Power to Terminate Ministers:
The Prime Minister if not satisfied with the function of
his any minister, he can terminate him.
xvii. Bridge Between President and Cabinet:

The Prime Minister is a link between president and
cabinet. The Prime Minister is duty bound to inform
the president about work of cabinet.
xviii. Representative of the Nation:

The Prime Minister is representative of the nation in
international level.
xix. Control over Governmental Department:

It is an important function of Prime Minister to control
over government department. He plays an important
role in functioning of government department.
9. Resign Of Prime Minister:

The Prime Minister may tender his resignation to President as and
when he desires so. After Prime Minister as resignation all the minister
shall cease to hold offices.
10. Vote of No-Confidence Against Prime Minister:

A resolution for a vote of no-confidence can be moved by not less
than twenty percent of the total membership of the National Assembly.
In the resolution for vote of no-confidence is passed by majority of the
total membership of the National Assembly, the Prime Minister shall
cease to hold office immediately.
11. Acting Prime Minister:

On the death, sickness leave, resignation or foreign tour of the
Prime Minister, the senior minister look after the work.
12. Conclusion:
To conclude, I can say that Prime Minister is the real executive of
the country. He has strong constitutional position. The Prime Minister is
the Chief Advisor of President. He is the leader of the House and
elected for the term of five years. He can be removed from his office by
passing a resolution of vote of no-confidence against him.
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Constitutional Law - LLB Notes

“Prime Minister & His Powers and Functions”

2. Relevant and Provisions

3. The Office Of The Prime Minister According To The Constitution Of

4. Qualifications/Characteristics For The Office Of Prime Minister:

ii. Member of N.A.

iii. Should not hold any Office of Profit:

iv. Ideology of Pakistan:

v. Mentally and Physically Fit:

5. Election Of The Prime Minister:

6. Oath Of The Prime Minister:

7. Term of The Office:

8. Powers And Functions Of The Prime Minister:

ii. Formation of the Cabinet:

iii. National Leader:

iv. Leader of the Cabinet:

vi. Power to Confer titles and Awards:

vii. Power of Appointments:

viii. Financial Power:

ix. Public Welfare:

xi. Power of Legislation:

xii. Administrative Duties:

xiii. Defense of the Country:

xiv. Power to Dissolve the National Assembly:

xv. Party Head:

xvii. Bridge Between President and Cabinet:

xviii. Representative of the Nation:

xix. Control over Governmental Department:

9. Resign Of Prime Minister:

10. Vote of No-Confidence Against Prime Minister:

11. Acting Prime Minister:

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