ISLAMABAD – The JUI-F and MQM’s decision to quit the PPP-led coalition and joining the opposition has reduced the government to a lame-duck in parliament, as even if the PPP stays in power it cannot legislate or take decisions independently.
At present, no major political party except the Awami National Party (ANP), FATA MNAs and PML-Functional, are in the power with the government at the Centre, and they do not, by any means, constitute a majority in the National Assembly.
The PPP has the backing of 160 members of the National Assembly – PPP 127, ANP 13, PML-F 5, FATA 11, BNP one, NPP one and two independents) – while the opposition members exceed that number by far.
In a parliamentary democratic dispensation, such governments become redundant in practical terms and resign from power in most cases after realising that they do not enjoy majority and will not be able to carry out parliamentary business.
The present scenario in Pakistan is likely to be of the kind, as the government cannot collapse automatically in case of being in minority.
There is a defined mechanism in the constitution to change or replace the government and the fundamental question at present remains that how will the opposition parties move to change or replace the PPP-led government.
According to Article 90-Clause 7,
“The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of members of the National Assembly, in which case, he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.”
It now rest with President Asif Ali Zardari to see if Prime Minister Gilani has the required majority in parliament.
The second option in the constitution is Article 58-Caluses 1 and 2, which pertain to the dissolution of the National Assembly. According to Article 58-Clause 1, “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 48 hours after the Prime Minister has so advised.”
The Clause 2 of the same Article says, “Notwithstanding anything contained in Clause (2) of Article 48, the President may also dissolve the National Assembly is his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with provisions of the constitution, as ascertained in a session of the National Assembly summoned for the purpose.”
Given the provisions laid down in above articles and clauses, it is unlikely that Prime Minister Yousaf Raza Gilani would advise the President to dissolve the National Assembly.
The third option, which the constitution describes for replacing the Prime Minister or the government, is Article 95-Clause 1. It says, “A resolution for vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly”.
