No-Confidence Motion And Election Of New Pakistan PM. What Does The Rulebook Say?

Imran Khan's PTI is the largest party in the House but it has only 155 members on its own.

New Delhi: With the numbers not in Imran Khan's favour and with his government in minority, the only face-saver for the government was for the Deputy Speaker to dissolve the National Assembly and his cabinet, thereby, laying the groundwork for early elections. 

In such a situation, it is necessary to understand what the rule book of the Pakistan National Assembly says.

The total number of members of the National Assembly of Pakistan is 342 and after the death of one member, this figure is currently 341. The magic figure to attain power is 172. That is, the one who has the support of 172 members will run the government. Imran Khan's PTI is the largest party in the House but it has only 155 members on its own.

READ | Pakistan SC Takes Suo Motu Notice Of National Assembly Dissolution

Since the elections held in 2018, Imran Khan till now has been running the government with the support of some small parties, out of which three important parties have changed their side. MQM-7, PML-Q-4 and BAP-3 and GDA-3, all of them have declared to vote in support of the no-confidence motion moved by the Opposition.

With their support, till now the figure of the Opposition parties running on the strength of 165 members has now reached 180. Also, if the number of MPs, who have rebelled from Imran Khan's party, is more than 20, then this Opposition team reaches close to 200.

However, for the time being it is just a calculation on paper. The real test would be when the elections are conducted.

The Pakistan National Assembly's manual says that if the Prime Minister's chair becomes vacant, then the process of selecting the next PM will be started first in the House. Any member can propose and support the name of a candidate for the top post.

But the name of a member can be proposed only once and nomination will be filed for him. More than one candidate can also present their candidature for the election.

The decision to validate or invalidate the nomination of the candidate shall rest with the Chairman. That is, the role of Asad Qaiser, the current Speaker of the Pakistan National Assembly, will be important in the present case. The Speaker shall decide the admissibility of the nomination in the presence of the proposer and his supporters.

At the same time, the reason for the cancellation of any nomination is also to be cited. However, the decision of the Speaker on acceptance or rejection is considered final.

The process of nominations and their scrutiny is done at least one day before the polling.

On the day of voting, the Speaker announces the name of the candidate. In the election process, if the name is of only one candidate, then it will be decided by the majority vote of the House. The Speaker can announce the name of the elected leader. But if it does not get the required majority, then the whole process will be repeated.

Whereas in a contest between more than two candidates, if no one gets a majority, then a contest will be held between the two candidates who get the maximum number of votes. This process will continue till one gets the majority figure.

According to the prescribed procedure, the Speaker of the National Assembly sends the information about the election of the leader of the House to the President and then the necessary gazette notification is issued for him.

In such a situation, the question arises whether Imran Khan will immediately go home after losing the majority. The answer is both yes and no. Because under Article 94 of the Pakistan Constitution, the President can ask Imran Khan to take over the business till the next PM takes over. That is, Imran can also remain caretaker PM for some time. However, he will have to step down as soon as the election of the new leader is completed.

Hours after Pakistan Prime Minister Imran Khan got the National Assembly dissolved, former interior minister Sheikh Rasheed Sunday said the former cricketer-turned-politician will remain in power for another 15 days. “I met the Prime Minister and I think Imran Khan will remain Prime Minister for 15 more days,” news agency PTI  quoted Rasheed as saying. He also added that Khan was stressing that elections were the right way forward amid the current political turmoil.