Under the 1973 constitution of Pakistan parliamentary pattern has been implemented in the provinces. It is a common practice in federal states that the pattern of government operating in the centre is also followed by the federating units. Appointment How provisional governor is appointed in Pakistan according to constitution of Pakistan * Selected by president on recommendation of Prime minister. * Should be old than 35 years.
* Should be resident of same province. * Completely capable being an MNA * If appointed as MNA or MPA the person need to leave that post. * Should take oath from high court chief justice of same province * Should be listed as voter in the same province. * In absence of Governor Speaker provisional assembly will be governor. Oath of office Before entering upon office, the Governor shall make before the Chief Justice of the High Court.
Speaker Provincial Assembly to act as, or perform functions of Governor in his absence: When the Governor, by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions. Conditions for Holding Governor’s office * The Governor shall not hold any office of profit in the service of Pakistan of occupy any other position carrying right to remuneration for the rendering of services.
* The Governor shall not be a candidate for election as a member of Majlis-e-Shoora or a Provincial Assembly and, if a member of Majlis-e-Shoora Parliament or a Provincial Assembly is appointed as Governor, his seat in Majlis-e-Shoora Parliament, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office. Powers of Governor: Appointment of Advocate-general: * The Governor of each Province shall appoint a person, being a person qualified to be appointed a Judge of the High Court, to be the Advocate-General for the Province.
* The Advocate-General shall hold office during the pleasure of the Governor. * The Advocate-General may, by writing under his hand addressed to the Governor, resign his office. Conduct business of Provincial Government: * All executive actions of the Provincial Government shall be expressed to be taken in the name of the Governor. * The Governor shall by rules specify the manner in which orders and other instruments made and executed in his name shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the Governor.
* The Governor shall also make rules for the allocation and transaction of the business of the Provincial Government. * There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions. Executive authority of the Province: * The executive authority of the Province shall vest in the Governor and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.
Power of Governor to promulgate Ordinance * The Governor may, except when the Provincial Assembly is in session, if satisfied that circumstances exist which renders it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. * An Ordinance promulgated under this Article shall have the same force and effect as an Act of the Provincial Assembly and shall be subject to like restrictions as the power of the Provincial Assembly to make laws, but every such Ordinance:-
(a) shall be laid before the Provincial Assembly and shall stand repealed at the expiration of three months from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution; and (b) may be withdrawn at any time by the Governor. Emergency Powers As chief executive, governors are responsible for ensuring their state is adequately prepared for emergencies and disasters of all types and sizes.
During an emergency, the governor also plays a key role in communicating with the public during an emergency, providing advice and instructions and maintaining calm and public order. Legislative Role Governors play two broad roles in relation to state legislatures. First, they may be empowered to call special legislative sessions, provided in most cases that the purpose and agenda for the sessions are set in advance. Second, and more familiarly, governors coordinate and work with state legislatures in: * approval of state budgets and appropriations;
* enactment of state legislation; * confirmation of executive and judicial appointments; and * Legislative oversight of executive branch functions. Financial Role The provincial government prepares the annual budget and submits it before the provincial assembly for its approval. The latter approves it in the form of enactment of appropriation, sanctioning the expenditure and finance act authorizing raising of funds. The real powers regarding financial legislation belong to provincial cabinet and provincial assembly.