The Constitution of Pakistan, 1973 Developed by Zain Sheikh

SYED JALAL MEHMOOD SHAH AND ANOTHER

V/S

FEDERATION OF PAKISTAN

Per Ajmal Mian, C.J.

(a) Constitution of Pakistan (1973) 232(2)(c),(1), 54(3), 53 & 127

Proclamation of Emergency by the President under Art. 232(1) of the Constitution—Federal Government, pursuant to such proclamation of the President issued an order under Art. 232(2)(c) of the constitution directing the Governor of the Province to assume on behalf of the Federal Government all the functions and powers of the Government of that Province and all the powers vested in, or exercisable by, all Bodies or Authorities in the Province other than the Provincial Assembly—Federal Government also ordered the suspension of Arts. 53 &54(3) read with Art. 127 of the Constitution and their application to the Province in so far they related to the powers and functions of Speaker and the Deputy Speaker by the order under Art. 232(2)(c) of the Constitution—Validity—Speaker and Deputy Speaker are integral part of the Provincial Assembly and have been assigned functions and powers under the Constitution as well as under the Rules and Provincial Assembly is incomplete without Speaker and Deputy Speaker—No such power of suspending the functions of the Speaker and the Deputy Speaker under Arts. 53(3) & 54(3)of the Constitution is vested in the federal Government by virtue of Art. 232(2)(c) of the Constitution or any other provision of the Constitution or any other provision of the Constitution nor the Federal Government has power to prevent the filling of the vacancy of the post of Speaker in view of the Constitution mandate under Art.108 of the Costitution—Principles.

The Speaker and the Deputy Speaker are integral part of the Provincial Assembly. They have been assigned functions and powers under the Constitution as well as under the Rules. Provincial Assembly is incomplete without speaker and deputy speaker.

There exist specific, categorical and mandatory provisions in the Constitution for the election of Speaker/Deputy Speaker. This is the very first responsibility cast upon a Provincial Assembly, which it is bound to discharge in its very “first meeting and to the exclusion of any other business”, and therefore so often as the office becomes vacant [Article 108,Rule 7,12 and 13]. The Constitution and the Rule envisage the office of Speaker to remain always filled/occupied. This is so because of the pre-eminent position of the Speaker and the vital role assigned to him in the Legislature. Without him the Legislature cannot function, muchless conduct any business/legislation. The Speaker performs major functions such as to ensure that the House is properly constituted, is duly in order and proper decorum is maintained. He is the principal spokesman of the House, represents it in dealings with other authorities/institutions and is the custodian of the House privileges/immunities. He permits the Bills/Resolutions to be moved in the House [Rules 33 and 37], announces adjournments [Rule 30], decides whether a certain Bill is a Money Bill [Article 115(4)], authenticates Money Bills [Article 115(5)] and other Bills [Rule 99] to the Governor for signature. After receiving Governor’s consent, the Speaker causes the Acts to be published in the Gazette [Rule 100]. He allots/apportions to Members time for debate [Rule 118], grants permission to Members to take the floor [Rule 187], can stop the speech if it is repetitive/irrelevant [Rule 190], decides points of order [Rule 196], suspends the session when the quorum is incomplete [Rule 193], orders the expulsion of unruly Members, can also suspend a Member, may also adjourn the House if disorder persists [Rule 197]. He can interpret the Rules [Rule 150], his ruling cannot be called in questing [Rule 212] and in appropriate situations, may also suspend Rule [Rule 211]. He is the final authority in so far as the conduct of business in the House is concerned. The Courts cannot inquire into the validity/regularity of proceedings in the House [Article 69 read with Article 127]. [p. 444] M

The language used in Rule 6 of the Rule of the Procedure of Assembly indicates that it will not cover the case where the speaker or the Deputy Speaker is prevented from discharging his functions/their functions by an illegal order. It caters for the situation when for any reason the Speaker or Deputy Speaker is not available. [p. 445] N

In the present case two requisitions for summoning the Provincial Assembly of Sindh were submitted which, inter alia, contained items for discussion which could not have been discussed in view of the Order issued under paragraph (c) of clause (2) of Article 232 by the Federal Government assuming through the Governor all functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any Body or Authority in the Province other than the Provincial Assembly and because of the relevant Rules wherein participation by a Minister or someone on behalf of the Provincial Government is necessary. Probably the Federal Government, in order to avert any ugly situation which might have occasioned, had issued the order suspending the functions of the Speaker and the Deputy Speaker under clause (3) of Article 53 and clause(3) of Article 54 of the Constitution without realising its legal implications. No such power is vested in the Federal Government by virtue of paragraph (c) of clause (2) of Article 232 or under any other provision of the Constitution nor the Federal Government has power to prevent the filling of the vacancy of the post of Speaker in view of the Constitutional mandate under Article 108 of the Constitution.

Under Article 109 of the constitution the Governor alone has the power to summon or to prorogue the Provincial Assembly from time to time but no such power is vested in the Speaker under the constitution. The Speaker can summon the Provincial Assembly on a requisition signed by not less than 1/4th of the total membership of the Assembly by virtue of clause (3) of Article 54 read with Article 127 of the Constitution. The Speaker has also power under Rule 30 to call an adjourned sitting. [p. 445] O

Provision of Article 232(4)of the Constitution has nothing to do with the filling in vacancy of the Speaker under Article 108 of the Constitution. [p. 446] P

(b) Constitution of Pakistan (1973)Arts. 232(2)(c), 54(3), 53 & 127

Rules of Procedure of the Provincial Assembly of Sindh, Chap. XVI, R.159—Federal Government pursuant to the Proclamation of Emergency by the President under Art. 232(1) of the Constitution issued an order under Art. 232(2)(c) of the Constitution directing the Governor of the Province to assume on behalf of the fedeal Government all the functions and powers of the Government of that province and all the powers vested in or exercisable by all Bodies of Authorities in the Province other than the Provincial Assembly and suspension of application of Arts.53(3) & 54(3) read with Art.127 of the constitution—Effect—so long as the Proclamation of emergency under art. 232(1) of the constitution and the order passed under Are.232(2)(c) of the Constitution remain in force, the Provincial Government and the Provincial Assembly will have to co-exist and to function in terms of the provisions of the constitution—Members of the assembly will have to act/function within the parameters/constraints as provided by the Constitution as well as by the Rules of Assembly—Forum of Provincial Assembly cannot be used to dislodge the Provincial Government which is not representative but is acting under the mandate of Art. 232(2)(c) of the Constitution—Right to speech in the Provincial Assembly is subject to reasonable restriction, inter alia, contained in Chap. XVI, R.159, Rules of Procedure of the Provincial Assembly of Sindh.

So long as the Proclamation of Emergency under Article 232(1) of the Constitution and the Order of Federal Government passed under paragraph (c) of clause (2) of Article 232 remain in force the Provincial Government and the Provincial Assembly will have to co-exist and to function in terms of the provisions of the Constitution. The Members of the assembly will have to act/function within the parameters/constraints as provided by the constitution as well as by the Rules. The forum of the Provincial Assembly cannot be used to dislodge the Provincial Government which is not representative but is acting under the mandate of paragraph (c) of clause (2) of Article 232 of the Constitution. The right to speech in the Provincial assembly is subject to reasonable restriction, inter alia contained in Rule 159 of Chapter XVI of the sindh assembly rules of Procedure. [p. 446]Q

Per Saiduzzaman Siddiqui, J.—

(c) Constitution of Pakistan (1973) Arts 232(1)(2)(c), 53(3), 54(3) & 127

Proclamation of Emergency by the president under Art. 232(1) of the constitution—Federal Government, pursuant to the Proclamation of Emergency by the President under Art. 232(1) of the Constitution, issued an order under Art,232(2)(c) of the Constitution, directing the Governor of the Province to assume on behalf on the Federal Government all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any Body or Authority in the Province other than the Provincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provision of the Constituion relating to any Body or Authority in the Province and suspension of operation of Arts. 53(3) & 54(3) read with Art.127 of the Constitution—Effect—power to suspend the provisions of the Constitution, relating to any Body or Authority in the Province has been given to the Federal Government in the context of making of incidental or consequential provisions to give effect to the objects of the Proclamation—After assumption of the power by the Federal Government or the Governor on its behalf under Art.232(2)(c), if the Federal Government finds that it is necessary or desirable to suspend in whole or in part any of the provisions relating to any Body or Authority in the Province which includes the Provincial Assembly, to give effect to the object of Proclamation, it is competent to do so subject to provision of Art. 232(4) of the Constitution—Federal Government is, therefore, empowered under Art.232(2)(c) of the Constitution, to suspend in whole or in part any of the provisions of the Constitution relating to the Provincial Assembly, as an incidental and consequential measure, if it appears to the Federal Government to be necessary or desirable to give effect to the objects of Proclamation—If such suspension of the provisions of the Constitution, however, comes in conflict with the exercise of legislative power of the Assembly, then to that extent the suspension of the provisions of the constitution relating to Provincial Assembly will be invalid—Suspension of Arts. 53(3) of the Constitution, by the Federal Government through its order under Art. 232(2)(c) of the Constitution, in so far the order encroached upon the exercise of legislative power of the Provincial Assembly, was declared invalid and of no legal effect—Principles.

The effect of further order of Federal Government under Article 232(2)(c) is that the operation of clause (30 of Article 53 and clause (3) of Article 54 read with article 127 of the Constitution in their application to the Province of Sindh, has been suspended. [p. 459] T

Article 53 of the Constitution deals with the election to the offices of Speaker and Deputy Speaker, the oath of their office, the manner in which they preside over the meetings of the Assembly and resign from their respective offices, the occurrence of vacancies in the offices of Speaker and deputy Speaker and continuation of the Speaker in his office on dissolution of Assembly until election of the next incumbent of the newly elected Assembly. Article 54 provides for summoning of the Assembly and its prorogation by the Governor and the speaker. The effect of suspension of the provision of clause (3) of Article 53 of the Constitution is that the speaker or the Deputy Speaker cannot preside over the meetings of the Sindh Assembly. Similarly, the effect of suspension of the provisions of clause (3) of Article 54 is that the Speaker of Sindh Assembly cannot summon a requisitioned meeting. In the present case Speaker of Sindh Assembly has already resigned and as such the office of Speaker has fallen vacant. [p. 460] U

In view of the definition of Speaker and the provisions of Article 53(3) of the Constitution, the deputy Speaker is presently the Acting Speaker of Sindh Assembly. [p. 460] V

The first question which requires consideration in this behalf is, whether the Federal Government had the authority under Article 232(2)(c) of the Constitution to suspend any of the provisions relating to the functioning of the Sindh Assembly. [p. 460] W

A careful consideration of the provisions of Article 232 of the Constitution will show that under its clause (c), the Federal Government or the Governor of the Province on its behalf, while assuming all or any of the functions of the Government of the Province and all or any powers exercisable or vested in any Body or Authority in the Province, is prohibited from assuming the functions or powers of the Provincial Assembly. However, the Federal Government is authorised to make such incidental and consequential provisions as may appear to the Federal Government necessary or desirable for giving effect to the object of the Proclamation, including provision for suspending, in whole or in part, the operation of any provision of the Constitution relating to any Body or Authority in the Province. The contention was that the words “any Body or Authority in the Province” used in the later part of sub-clause (c) of clause (2) of Article 232, do not include “Provincial Assembly” and as such the Federal Government had no authority to suspend any provision of the Constitution relating to the functions and powers of the “Provincial Assembly”. The construction placed on sub-clause (c) of clause (2) of Article 232 of the Constitution by the contender is not in accord with the manifest intention of the Constitution-makers. The words “any Body or Authority in the Province” are wide enough to include the Provincial Assembly. The Constitution-makers were fully aware of this wide connotation of the expression “any Body or Authority in the Province” and that is why, while providing in the first part of Article 232(2)(c) that the Federal Government may assume all or any of the powers exercisable by “any Body or Authority” in the Province specifically excluded “Provincial Assembly” from its the expression”any Body or Authority in the Province” did not include Provincial Assembly, as contended, there was no necessity to specifically exclude the Provincial Assembly while providing for assumption of all or any of the powers vested in or exercised by any Body or Authority in the Province, by the Federal Government or the Governor on its behalf. There was yet another contention, that because Provincial Assembly was specifically excluded while providing for assumption of functions of the Government of the Province and the powers vested in or exercisable by any Body or Authority in the Province, by the federal government or the governor of the Province on its behalf, therefore, it follows that the Constitution-makers, while providing for suspension of the provisions of the constitution relating to any Body or Authority in the Province intended also to exclude the Provincial Assembly. Such interpretation cannot be accepted. Sub-clause (c) of clause (2) of Article 232 deals with two distinct subjects. One relating to assumption of functions and powers of the Government and other Bodies and Authorities in the Province by the Federal Government or its nominee; and the other relating to making of incidental and consequential provisions for giving effect to the object of Proclamation. Assumption of function is not synonymous to suspension of the function. The fact that the Constitution-makers while providing for assumption of functions and powers of Provincial Government and other Bodies and Authorities in the Province by the Federal Government or its nominee, when the Proclamation of Emergency is in force, specifically excluded Provincial Assembly from its purview, does not mean that they impliedly intended to exclude the Provincial Assembly while providing for suspension in whole or in part of any of the provisions of the Constitution relating to any Body or Authority in the Province. If Legislators so intended they could have excluded the Provincial Assembly from the purview of suspension of the provisions of constitution relating to its functions and powers as they did while providing for assumption of powers by the Federal Government or its nominee in the Province in the earlier part of sub-clause (c) of clause (2) of Article 232. Above conclusions find support from the proviso appended to sub-clause (c) of clause (2) of Article 232, which specifically provides that provisions of paragraph (c) of clause (2) of article 232 shall not authorise the Federal Government to assume to itself or direct the Governor of the Province to assume on its behalf any of the powers vested in or exercisable by a High Court or to suspend either in whole or in part the operation of any provision of the constitution relating to High Courts. The power to suspend the provisions of the Constitution relating to any Body or Authority in the Province has been given to the Federal Government in the context of making of incidental or consequential provisions to give effect to the objects of the Proclamation.

After assumption of the power by the Federal Government or the Governor on its behalf under Article 232(2)(c), if the Federal Government finds that it is necessary or desirable to suspend in whole or in part any of the provisions relating to any Body or Authority in the Province (which expression will include the Provincial Assembly) to give effect to the object of Proclamation, it is competent to do so subject to provision contained in clause (4) of Article 232 of the Constitution.

The Federal government through its 1st Order under Article 232(2)(c) directed the Governor of Sindh to assume on its behalf all powers and functions of Government of Sindh and all powers exercisable or vested in any Body or Authority in the Province other than the Provincial Assembly. By the same order the provisions of Articles 130 to 136 of the Constitution, in their application to Province of Sindh, were also suspended with the result the Provincial Cabinet of Sindh, the Chief Minister and Provincial Ministers ceased to hold offices. The order of the Federal Government sets out in detail the object of the Proclamation. Material was placed to justify the issuance of second order by the Federal Government under Article 232(2)(c) of the Constitution. The press reports appearing in almost all the leading national Dailies of Pakistan between the relevant period indicated that political parties through out the Country in general and those in the Province of Sindh in particular, were extremely critical about imposition of governor’s rule in the Province of Sindh. The Deputy Speaker even indicated to convene the meeting of Provincial Assembly of Sindh if it was so requisitioned by the Members to discuss the imposition of Governor’s rule in Sindh at the floor of Assembly. These press reports did indicate that those opposed to Governor’s rule in Sindh, wanted to utilize the platform of Sindh Assembly to condemn the imposition of Governor’s rule in Sindh. The two requisitions sent to the Speaker to convene the meeting of the Provincial Assembly of Sindh, showed that the matters to be discussed in the requisitioned meeting of the Assembly included (i) election of Speaker, (ii) imposition of Governor’s rule in Sindh, (iii) accusation of M.Q.M. being involved in Hakim Said’s murder, (iv) financial crisis in Sindh, (v) manipulated results of census, and (vi) Kalabagh Dam. discussion of these items at the floor of Assembly in the prevailing scenario could not have advanced the object of the Proclamation. The Federal Government in the abovestated background suspended the operation of clause (3) of Article 53 and clause (3) of Article 54 of the constitution.

The Federal Government was competent to suspend the operation in whole or in part of any provision of the Constitution relating to any Body or Authority (which included the Provincial Assembly) in the Province of Sindh subject to clause (4) of Article 232 of the Constitution.

In view of clause (4) of Article 232 of the Constitution, the Provincial Assembly continues to enjoy the Legislative power subject only to the condition that in case of conflict between a Legislative passed by the Provincial Assembly of Sindh and the one enacted by Parliament, the Legislation passed by Provincial Assembly of Sindh to the extent of inconsistency with the Act of Parliament, will be void so long the Act of Majlis-e-Shoora continues to have effect. [p. 462] X

The effect of Proclamation of Emergency under Article 232(1) of the Constitution is that during the period the emergency remains in force, the Parliament is vested with the power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List. It was in this context provided in clause (4) of Article 232 that nothing contained in Article 232 shall restrict the power of a Provincial Assembly to make law which it is empowered under the Constitution to make. However, as the Parliament (Majlis-e-Shoora) by virtue of issuance of Emergency under Article 232(1) of the Constitution also becomes entitled to enact law for the Province, not enumerated in the Federal Legislative List and Concurrent Legislative List, during the period the Emergency is in force, both the Parliament as well as the Provincial Assembly are competent to make laws for the Province. It was, therefore, further provided in clause (4) of Article 232, that in case of repugnancy or inconsistency between the Act passed by the Provincial Assembly and the Act of Parliament, the Act passed by the Provincial Assembly to the extent of repugnancy, be void so long as the act of Majlis-e-Shoora (Parliament) continues to have effect. The language of clause (4) of Article 232 clearly indicates that this clause is enacted within the scheme of Article 232 and has to be read with the other clauses of the said Article to understand its true impact and meaning. The contention that clause (4) of Article 232, is an independent and general provision and is to be so read and interpreted, does not appear to be correct. The provision of Article 143 of the Constitution is a general provision and deals with the effect of inconsistency between Federal and Provincial Laws. [p. 465] Y

The Federal Government is empowered under Article 232(2)(c) of the Constitution, to suspend in whole or in part any of the provisions of the Constitution relating to the Provincial Assembly, as an incidental and consequential measure, if it appears to Federal Government to be necessary or desirable to give effect to the objects of Proclamation. However, if such suspension of the provisions of the Constitution comes in conflict with the exercise of legislative power of the Assembly, then to that extent the suspension of the provision of the Constitution relating to Provincial Assembly will be invalid.

Accordingly, the suspension of clause (3) of Article 53 and clause (3) of Article 54 of the Constitution, by the Federal Government through its order under Article 232(2)(c) of the Constitution, in so far it encroached upon the exercise of legislative power of the Provincial Assembly on Sindh, is declared invalid and of no legal effect. [p. 466] Z

Per Munawar Ahmed Mirza, J.—

(d) Constitution of Pakistan (1973) Arts. 232(1)(2)(c), 53, 54 & 127

Rule of Procedure of the Provincial Assembly of Sindh, 1973, Chap. IX—Proclamation of Emergency by the President under Art. 232(1), Constitution of Pakistan—Federal Government pursuant to such Emergency proclaimed Governor’s rule under Art. 232(2)(c) of the Constitution in the Province for restoring peace and taking strict action against criminal
elements irrespective of political affiliation, to stop random or motivated killing of innocent citizens and eliminating internal threat or danger, and restore business confidence so that ordinary citizen could carry out their day to day functions without let or hindrance and issued a further order directing suspension of Arts. 53(3) and 54(3) read with Art. 127 of the Constitution in relation to Provincial Assembly—Effect—When Federal Government by an order under Art. 232(2)(c) of the Constitution directs the Governor of the Province to assume on its behalf functions of the Government of Province and perform all or any of the powers vested in it and exercisable by any Body or Authority in the Province other than the Provincial Assembly, then Federal Government under the Constitution becomes empowered to make such incidental and consequential provisions which are necessary or desirable for giving effect to the objects of Proclamation and includes power of suspending as a whole or part the operation of any provision of the Constitution relating to any such Body or Authority in the Province—Such exercise of authority, shall not restrict the Provincial Assembly to make any law which under the Constitution it has power to make—power pertaining to suspension of any provision referable to “any Body or Authority” in the Province does not exclude Provincial Assembly—Provincial Assembly retains its Legislative authority subject to limitations contained in the Constitution and said functions cannot be taken over by the Federal Government while assuming powers vested or exercisable by any Body or Authority in the Province—Provincial Assembly, therefore, continues to have authority to perform legislative functions within the limits. prescribed by the Constitution in accordance with existing Rules and Procedure framed by the Assembly—Federal Government, whenever Emergency is imposed under Art.232(2)(c) of the Constitution, however, enjoins powers to suspend any of the provisions of the Constitution relating to Speaker or Deputy Speaker.

During subsistence of Emergency proclaimed by the President under Article 232(1) of the Constitution of Pakistan, Federal Government proclaimed Governor’s rule under Article 232(2)(c) of the Constitution in Sindh Province for restoring peace and taking strict action against criminal elements irrespective of political affiliations, to stop random or motivated killing of innocent citizens and eliminating internal threat or danger, and restore business confidence so that ordinary citizens could carry out their day to day functions without let or hindrance. [p. 467] AA

The Federal Government under Article 232(2)(c) of the Constitution further issued an order directing suspension of Articles 53(3) and 54(3) read with Article 127 of the Constitution in relating to Provincial Assembly of Sindh. [p. 468] BB

Under Article 232(2)(c) of the Constitution when Federal Government by an order directs the Governor of Province to assume on its behalf functions of the Government of Province and perform all or any of the powers vested in and exercisable by any Body or Authority in the Province other than the Provincial Assembly, then Federal Government under the Constitution becomes empowered to make such incidental and consequential provisions which are necessary or desirable for giving effect to the objects of Proclamation and includes powers of suspending as a whole or part the operation of any provision of the Constitution relating to any such Body or Authority in the Province. In clause (4)of Article 232 it is elucidated that such exercise of above authority, shall not restrict the Provincial Assembly to make any law which under the Constitution it has powers to make. [p. 471] CC

Federal Government had legitimate authority to suspend the Provincial Governments, whereby executive functions performed by the Chief Minister with Cabinet could be taken over by the Governor and cease to be answerable to the Provincial Assembly. Undoubtedly Chief Minister and Ministers though are elected from amongst Members of the Provincial Assembly yet they constitute “body” or “authority” in the Province. Nevertheless by virtue of sub-clause (4) of Article 232 the Legislative powers of Provincial Assembly could not be restricted except to the extent that they are found repugnant to Act of Majlis-e-Shoora or principles laid in the above provisions and Article 143 of the Constitution. Thus, comparison of various provisions of the Constitution unambiguously disclose that Provincial Assembly retains its Legislative authority subject to limitations contained in the Constitution and said functions cannot be taken over by the Federal Government while assuming powers vested or exercisable by any Body or Authority in the Province. The Assembly, therefore, continues to have authority to perform Legislative functions within the limits prescribed by the Constitution in accordance with existing Rules and procedure framed by it.

Now looking to other aspects and examining clause (2)(c) of Article 232 of the Constitution, it manifestly comprises of two inherently distinguishable portions. First part evidently relates to powers of Federal Government for assuming functions of the Government of Province exercisable by any Body or Authority in the Province other than the Provincial Assembly, whereas second part specifically deals with Federal Government’s entitlement to make incidental and consequential provisions when found necessary or desirable which includes competency for suspending, in whole or in part operation of Constitutional provision relating to any Body or Authority in the Province. A bare comparison of above-referred two components of sub-clause (c) of clause (2) of Article 232 of the constitution discloses that first part concerning assumption of powers expressly excludes from its operation the Provincial Assembly whereas second part embellishes Federal Government to exercise all pervading jurisdiction to effectively achieve the objects for issuing “proclamation order” and none has been excluded therefrom. Therefore, powers pertaining to suspension of any provision referable to any Body or Authority in the Province, apparently does not exclude Provincial Assembly. Even if dynamic, progressive and liberal approach is taken for interpretation of Constitutional provision, obviously on the settled principles, redundancy cannot be attached to any word or portion of particular provision of the Constitution nor meaning could be assigned by importing words from other portions, specially when in the same context Legislators in their wisdom have consciously omitted them. Thus, express exclusion of Provincial Assembly from the second part, as discussed above, is meaningful and cannot be ignored. Powers of Speaker and Deputy Speaker are contained in Articles 53(3) and 54(3) read with Article 127 of the Constitution and Rules 15 and 16 in Chapter III of Rules of Procedure of the Provincial Assembly of Sindh, 1973. [p. 472] DD

Provisions of Articles 53 and 54 of the Constitution and rules of Procedure of the Provincial Assembly of the Province of Sindh, 1973, Rules 15 would indicate that functions and powers of “Speaker” and “Deputy Speaker” and pre-eminently of administrative and executive nature. He can convene the House, preside over every sitting of the Assembly, maintain order and decorum in the House, cause galleries to be cleared and decide all points of order. The office of the Speaker like that of Chief Minister is elected by majority votes and he can be removed if he loses confidence of the Members. Therefore, he obviously symbolizes a Body or Authority in the Province. Therefore in whatever context the exclusion clause contained in Article 232 (2)(c) is construed the federal government when Emergency is imposed enjoins powers to suspend any of the provision of “the Constitution” relating to Speaker or Deputy Speaker. Besides it may be seen that though Speaker has powers to convene Assembly when requisition is made in that behalf by not less than one-fourth of total membership, yet there is no provision whereby he can seek his own substitution because it would be self-destructive to authority exercisable by him to preside over the meeting of Assembly. apparently convening the House by the Acting Speaker for said purpose is not conceivable under the Rules. [p. 475] EE