NA dissolved on a day of high drama

Federal cabinet also ceases to exist but PM continues to hold office

ISLAMABAD:

President Arif Alvi dissolved the National Assembly on Sunday on the advice of Prime Minister Imran Khan, hours after the National Assembly Deputy Speaker Qasim Suri declared the opposition’s no-confidence motion “unconstitutional” and prorogued the house without voting on it.

The prime minister advised the president to dissolve the assembly under Article 58 of the Constitution. Imran took the decision of sending the summary after accusing the joint opposition of working with the United States to overthrow his government.

When the lawmakers were in the assembly and the whole nation was glued to the television screens, the prime minister went on the national television to announce that he had asked the president to dissolve the assembly and hold fresh elections.

The President of Pakistan, Dr Arif Alvi, has approved the advice of the Prime Minister of Pakistan to dissolve the National Assembly under the Article 58 (1) read with Article 48(1) of the Constitution of the Islamic Republic of Pakistan.

— The President of Pakistan (@PresOfPakistan) April 3, 2022

“I ask people to prepare for the next elections,” Imran said in his address, “Thank God, a conspiracy to topple the government has failed”, he added. With the dissolution of the assembly, the Constitution calls for elections within 90 days, after installing an interim government with input from the opposition.

In his address, Imran “congratulated the nation on the dismissal of the no-confidence motion” against him, saying that the opposition was moved by a foreign-funded conspiracy and the deputy speaker had thwarted the “attempt of changing the regime and the foreign conspiracy”.

آئین کے آرٹیکل 224 کے تحت وزیر اعظم اپنی ذمہ داریاں جاری رکھیں گے کابینہ تحلیل کر دی گئ ہے

— Ch Fawad Hussain (@fawadchaudhry) April 3, 2022

While asking the nation to prepare for elections, Imran said that “no foreign power or corrupt elements, but only you have to decide for this country”. He added that after the dissolution of the assemblies, the process for a caretaker government would commence.

Later, a short statement by the President’s Secretariat stated: “The President of Pakistan, Dr Arif Alvi, has approved the advice of the Prime Minister of Pakistan to dissolve the National Assembly under the Article 58 (1) read with Article 48(1) of the Constitution of the Islamic Republic of Pakistan.”

Article 58 (1) states that: “The president shall dissolve the National Assembly if so advised by the prime minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the prime minister has so advised”.

Article 48 (1) (President to act on advice, etc) states that in the exercise of his functions, the President shall act [on and] in accordance with the advice of the Cabinet [or the Prime Minister].

After the President Secretariat’s announcement, the Cabinet Division issued notifications for the dissolution of the 52-member federal cabinets, as well as Prime Minister Imran Khan. However, the President asked the prime minister continue in his office until a caretaker prime minister took the office.

Read: Deputy speaker dismisses no-trust motion against Imran, terms it against Article 5

“Mr. Imran Ahmad Khan Niazi, shall continue as Prime Minister till the appointment of caretaker Prime Minister under Article 224 A (4) of the Constitution of the Islamic Republic of Pakistan,” the President’s Secretariat said in another statement in the wee hours of Monday.

The Cabinet Division said 25 federal ministers, four ministers of state, four advisers to the prime minister and 19 special assistants to the prime minister no longer held their offices in the wake of the dissolution of the National Assembly.

Under Article 94 of the Constitution, the president may direct the prime minister to continue his work until the caretaker prime minister is appointed. According to Article 224(4) of the Constitution, the outgoing prime minister could continue his work till the appointment of the caretaker prime minister.

Also on Sunday, Imran while talking to his party officials, said he wanted to explain what had happened in the assembly since “the opposition still can't understand,” adding that the National Security Council (NSC) had “clearly said” that the no-confidence motion was subject to a foreign interference. Imran also tweeted later to throw down the gauntlet to the opposition for general elections.

Open coup

The tussle between Imran and the joint opposition had created a political turmoil in the country but the surprise that Imran had kept up his sleeve had now pushed the battle into the legal arena – the Supreme Court. The opposition’s pleas would be heard by a larger bench of the apex court on Monday (today).

Read: No-confidence vote: Legal minds answer procedural questions

In a statement, the joint opposition said that Imran Niazi committed an open coup against the country and the Constitution, the punishment of which was enshrined in Article 6 [high treason] of the Constitution.

The opposition statement termed Sunday the darkest day in the history of the country on which “rebellion against the Constitution, democracy, law and political ethics had been committed and shamelessly celebrated”.

The opposition demanded that the case dealing with “the violation of the constitution and unlawful actions taken by the Imran-led government against the constitutional no-confidence motion in Sunday’s session of the National Assembly, be heard by a full bench of the Supreme Court.

The statement further said that it strongly condemned the unconstitutional and non-parliamentary actions and attitudes of all governmental groups, including the speaker. It added that the joint opposition had proved its clear majority in the house.

The statement appreciated the chief justice of the Supreme Court to take notice of the situation and welcomed the issuance of short order by the chief justice in view of the serious constitutional crisis facing the country and the nation.