Constitution of Pakistan Notes 06

The constitution of the election commissioner and also explain the duties to be performed by the commissioner?
Election commission
An election commissioner is prior to each election of the national assembly and provincial assemblies. It’s constituted in accordance with article 216 of the constitution of 1973. Article 218 of the constitution lays down the following constitution of the election commission. The election commission shall consist of… 
(A). The commissioner, who shall be the chairman of the commission and… 
(B). Two members, each of whom shall be a judge of high court concerned and with the commissioner.
It shall be they duty of the election commission constituted in relation to an election to organize and conduct the election and make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
Duties of commissioner
It is the duty of the commissioner to prepare electoral rolls for election to the national assembly and the provincial assemblies and revising such rolls annually. The commissioner organizes and conducts the election to senate or to fill casual vacancies in a house or a provincial assembly. It is also function of election commissioner to appoint election tribunals.
Executive authorities to assist commissioner
it shall be duty of executive authorities in the federation and in the provinces to assist the commissioner and election commission in the discharge of his or their function. (Art. 220)
Rigid constitution
A constitution, whether rigid or fixable, can be tested by seeing the producer laid down for its change or amendment. A fixable constitution can legally be amended by the same process of law making as an ordinary law, while in a rigid constitution specific machinery is provided in itself by which any change or amendment can be effected.
Qualification, appointment and duties of Governor.
Qualification
According to article 101. 
1). There shall be a Governor for each provinces who shall be appointed by the President [in his discretion (after consultation with) the prime minister]. 
2). A person shall not be appointed a governor unless he is qualified to be elected as a member of National Assembly and is not less then thirty five year of age. 
3). The Governor shall hold office during the pleasure of the president (and shall be entitles to such salary, allowances and privileges as the President may determine). 
4). The Governor may, by writing under his hand address to the President raising his office. 
5). The President may make such provisions he think fit for the discharge of function of a Governor (in any contingency not provided for in this part).
Duties of Governor
The Governor of the province was require to perform his function subject to the direction of the President after consultation with the Prime minister and hold office during his pleasure. Under article 105 it is laid down that as an Agent of the President the Governor may, be required by the President to perform such functions, generally or in any particular matter, as desired by him, relating to such area in the Federation, which are not included in any province.
Qualification of Governor
A person eligible for the office of Governor should posses the following qualifications.
1). He should be a citizen of Pakistan. 
2). He should be qualified to be elected as a member of the National Assembly. 
3). He should be not less than thirty five years of age. 
4). He should not hold any office or profit in the service of Pakistan or occupy any other position carrying a right to remuneration. 
5). He shall not be a candidate for election as a member of Parliament or a Provencal Assembly is appointed as Governor his seat shall become vacant.
Glimpses 
1). The Governor of a province is appointed by the president after consultation with the Prime Minister and hold office during his pleasure. 
2). The Governor of a Province, was required to perform his functions subject to the directions of the president. 
3).Governor to bound by the advice of the chief minster in discharge of his function. 
4). The Governor shall appoint from among the member of the Provencal assembly a chief minister who, in his opinion is likely to command the confidence of the majority of the members of the Provincial Assembly.  




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Papoo Parmar

I am so simple and Like to do any special in my life in short way.

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