No Confidence Motion

What is No confidence Motion

A motion of no confidence means a person who is no longer available for taking the responsibilty of government etc (also variously called a vote of no confidence, no confidence motion, motion of confidence or vote of confidence) is a statement or vote about whether a person in a position of responsibility (government, management, etc.) is still deemed fit to hold that position,

What Happen when No Confidence Motion Succeeds?

All parties submitted two

A delegation of senior lawmakers, affiliated with the nine-party opposition alliance — the Pakistan Democratic Movement — and the PPP on Tuesday submitted with the National Assembly secretariat two sets of documents, one under Article 54 the whole resolution calling No confidence motion

Total members

342

Required votes

172

when 172 members vote For a no-confidence motion to be successful

this is for lowwr house

What happens next?

According to the Constitution, if a no-trust resolution against the premier is passed by a majority of the total membership of the lower house, the prime minister ceases to hold office.

After the premier is removed, the National Assembly must immediately vote to elect a new leader.

NA Rule 32 states: “After the election of the Speaker and the Deputy Speaker following a general election or whenever the office of the Prime Minister falls vacant for any reason, the Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.”

When the prime minister is removed through a vote of no-confidence, his cabinet is also dissolved.

“A cabinet is an extension of the prime minister’s powers. A cabinet can be selected from ministers, advisers […] but a cabinet cannot exist without the leader of the House. A cabinet assists the leader of the House in close quarters,” explained lawyer Abdul Moiz Jaferii.

Jaferii added that the National Assembly cannot function without a leader.

“The first thing you do when you have an election […] is you elect a speaker so that the House can have a custodian and as soon as you elect a speaker, you elect a leader of the House so it can have a direction.

“As soon as you don’t have a leader of the House, you must elect one again.”

Jaferii added that if there is no leader of the House, the president can dissolve the assembly and call an election.

In case of the removal of the NA speaker, the deputy speaker temporarily acts as the speaker, till the former can be appointed.

Meanwhile, lawyer Salaar Khan had a slightly different take on the process, saying it is “kind of a gray area” about what happens when the prime minister is removed from office.

Read: The ides of March

As per Rule 32 of the NA rules, the assembly has to elect a new prime minister “to the exclusion of any other business”. However, Khan noted that Rule 37 states that the assembly can’t be prorogued till the motion is disposed of or the resolution is voted on.

“So one way to read it is that you have to immediately elect the new prime minister. You can prorogue the session [after the PM is removed by a no-confidence vote] but you cannot continue with any new business,” he said.

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