Explained | What is Article 5 of the Pakistan Constitution?

Law Minister Fawad Chaudhry said that the no-confidence motion was influenced by foreign powers and is therefore against Article 5 of Pakistan’s Constitution.

Updated - January 06, 2023 06:07 pm IST

Published - April 06, 2022 06:51 pm IST

File photo: Imran Khan attends a military parade to mark Pakistan National Day, in Islamabad, Pakistan, Wednesday, March 23, 2022.

File photo: Imran Khan attends a military parade to mark Pakistan National Day, in Islamabad, Pakistan, Wednesday, March 23, 2022. | Photo Credit: AP

The story so far: Pakistan Prime Minister Imran Khan said on Sunday that he has advised President Arif Alvi to dissolve the National Assembly and call for fresh elections in the country. The move came shortly after a no-confidence motion against Mr. Khan was rejected by the Deputy Speaker of the National Assembly, Qasim Suri.

Why was the no-confidence motion rejected?

Mr. Suri had dismissed the no-confidence motion moved by the Opposition, saying it is against the Constitution of Pakistan. “The no-confidence should be according to the Constitution of and rules of the country. Since it is not as pointed out by the Law Minister, I reject the no-confidence motion," Suri said.

Speaking in the Assembly, Law Minister Fawad Chaudhry had said that it has been established through a “letter” that the no-confidence motion was influenced by foreign powers and is therefore against Article 5 of Pakistan’s Constitution.

Suri chaired the session after Opposition parties filed a no-confidence motion against Speaker Asad Qaiser.

What is Article 5 of the Pakistan Constitution?

Article 5 of the Pakistan Constitution discusses loyalty to the State and obedience to Constitution and law. It says:

1. Loyalty to the State is the basic duty of every citizen.

2. Obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

Mr. Chaudhry alleged that the Opposition’s no-confidence motion against Mr. Khan’s government is an attempt by foreign powers to topple the government in the country. The Law Minister said that the motion violates the clause of loyalty to the State and is, hence, illegal.

Addressing the National Assembly, Mr. Chaudhry said, “It is an effective operation for a regime change by a foreign power. It is not an issue of no-confidence but of Article 5.” His argument was accepted by Mr. Suri. As a result, the no-confidence motion was rejected and the session was adjourned.

Prime Minister Khan addressed the nation and congratulated the citizens of Pakistan on the dismissal of the no-confidence motion.

What did the Pakistan Supreme Court say?

Pakistan Supreme Court had taken suo moto cognisance of the matter on Sunday, asking all political parties to maintain law and order. On Monday, the court adjourned the hearing in the matter by a day. During the proceedings, Opposition’s demand for a full bench was rejected by the Chief Justice. The court will now resume proceedings in the case on Tuesday, 12.00 p.m.

Meanwhile, former Chief Justice Gulzar Ahmed was nominated to be the caretaker Prime Minister by Mr. Khan. President Alvi had sought suggestions from Prime Minister Khan and Leader of the Opposition Shehbaz Sharif for the appointment of a caretaker prime minister. In his letter, Mr. Alvi had said that in case Mr. Khan and Mr. Sharif do not agree on the appointment within three days of the dissolution of the Parliament, they shall forward two nominees each to a committee to be constituted by the Speaker, comprising eight members of the outgoing assembly, or the Senate, or both, having equal representation from the treasury and the opposition. The President of Pakistan is legally required to consult the leader of the Opposition before appointing the caretaker prime minister, but Mr. Sharif refused to participate in the proceedings, calling them illegal.

(With inputs from agencies)

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