Constitution of the Islamic Republic of Pakistan, 1973

Constitution of the Islamic Republic of Pakistan, 1973 — Article 48

48. President to act on advice, etc..—(1) In the exercise of his functions, the President shall act 2[on and] in accordance with the advice of the Cabinet 3[or the Prime Minister]: 3 [Provided that 2[within fifteen days] the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall 2 [, within ten days,] act in accordance with the advice tendered after such reconsideration.]

(2)Notwithstanding anything contained in clause (1), the President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so 3[and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever]. 3 [* * * * * * *] 4 [(4) The question whether any, and if so what, advice was tendered to the President by the Cabinet, or the Prime Minister, shall not be inquired into in, or by, any court, tribunal or other authority.] 2 [(5) Where the President dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall,

(a)appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly; and

(b)appoint a care-taker Cabinet 5[in accordance with the provisions of Article 224 or, as the case may be, Article 224A].] 2 [(6) If at any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is approved in a joint sitting, the Prime Minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered by either “Yes” or “No”.]

(7)An Act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a referendum and the compiling and consolidation of the result of a referendum.]

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.