Session requisition, no-trust resolution: Timing to summon NA prerogative of speaker

ISLAMABAD: There is lack of clarity in the relevant rules of business on whether speaker National Assembly is bound to summon the requisitioned NA session to consider no-confidence resolution against Prime Minister Imran Khan within seven days of its submission or consider it after the maximum 14 days allowed to summon the NA session subsequent to it being requisitioned.

The joint opposition on Tuesday moved a requisition to summon the NA session, and a resolution of no-confidence vote against the PM.

Rule 37 (6) of Rules of Procedure and Conduct of Business in the National Assembly 2007 provides that the resolution for vote of no-confidence against the PM shall not be voted upon before the expiry of three days or later than seven days from the day on which the resolution is moved in NA.

On the other hand, Article 54 (3) provides that on a requisition signed by not less than one-fourth of the total membership of the NA, the speaker shall summon the NA to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition.

Requesting anonymity, a treasury lawmaker admitted that rules were not clear on the time period within which a requisitioned session was required to be summoned to consider no-confidence resolution against the PM.

“In such a situation, I believe, it is the prerogative of the custodian of the house (speaker NA) to take any decision on the matter he deems fit—whether the session should be summoned within seven days or 14 days,” the source said.

Senior lawyer and former chairman Senate Nayyer Hussain Bokhari from Pakistan Peoples Party (PPP) said the joint opposition requisitioned the NA session on Tuesday and the speaker NA was bound to summon the session within seven days of the submission of the resolution.

“The no-confidence resolution was moved in NA on Tuesday. The session should be now summoned within a week. The law on summoning requisitioned session within 14 days does not apply here,” he told Business Recorder.

Reportedly, some 86 members that make exactly the one-fourth membership of the 342-seat NA, signed the requisition and no-confidence resolution against the PM.

The resolution of vote of no-confidence can be moved in the house if endorsed in writing by at least 20 per cent of the total membership of the house, as per Rule 37 (1) of the Rules of Procedure and Conduct of Business in the National Assembly 2007. This means 68 lawmakers were required to sign the resolution.

After the no-confidence resolution gets submitted in the NA, the related motion for voting on the matter requires the support of 25 per cent of the total membership of the house (86 of 342), as per Article 95 (1).

Article 95 (4) provides that if the no-confidence resolution is passed by the majority of the total membership of NA, the prime minister shall cease to hold office.

This indicates that opposition would require at least 172 votes in the NA to send the PM packing.

Presently, ruling coalition has 178 seats in NA, opposition has 163 seats and one seat is vacant.

Copyright Business Recorder, 2022