Law:

Section:

(a) Constitution of Pakistan (1973)-- ----Preamble, Arts. 1 & 2A---Constitutional set-up which provides for the supremacy of the Parliament and governance of the country by a Cabinet comprising of elected representatives of people which is responsible to the Parliament, is Parliamentary in nature---Division of powers between the Head of the State, Chief Executive and other Constitutional functionaries is not of much importance. Al-Jehad Trust through Raeesul Muhajideen Habib ul Wahab ul Khairi v. Federation of Pakistan and others PLD 1997 SC 84; Kh. Ahmad Tariq Rahim v.~ Federation of Pakistan PLD 1992 SC 646; Federation of Pakistan v. Haji Saifullah Khan PLD 1989 SC 166 and Mian Muhammad Nawaz Sharif v. Federation of Pakistan PLD 1993 SC 738 ref. (b) Constitution of Pakistan (1973)--- ----Art. 48(5)(b)---Appointment of Caretaker Government headed by a Prime Minister by the President after dissolving National Assembly---General rule that Prime Minister must be a member of the National Assembly and the Government must be answerable to the Parliament must yield to the exception created by Art.48(5)(b) of the Constitution where on account of dissolution of National Assembly it is impossible to appoint one of its members as Prime Minister. Federation of Pakistan and others v. Haji Muhammad Saifullah Khan and others PLD 1989 SC 166 ref. (c) Constitution of Pakistan (1973) ----Arts. 99, 70, 89, 90, 99 & 239---Constitutional Body or Organisation and Body set up either by ordinary law or administrative decision of the Government---Distinction---If the creation of a Constitutional body or organisation is relatable to the provision in the Constitution its status and nature would stand on a much higher footing than that of body set up either by ordinary law or by administrative decision of the Government---Doing away with such an Organisation which if created by Constitution could only be disbanded by amending the Constitution while in the case of a body set up administratively same can be abolished by revoking the notification. (d) Constitution of Pakistan (1973)--- ----Art. 48(5)(b)---Appointment of Caretaker Cabinet by the President to run the affairs of the…

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