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No-trust motion: What is Article 5 of the Constitution?

Arooj Bhatti by Arooj Bhatti
June 14, 2022
No-trust motion: What is Article 5 of the Constitution?

No-trust motion: What is Article 5 of the Constitution?

ISLAMABAD: National Assembly Deputy Speaker Qasim Khan Suri on Sunday dismissed the no-confidence motion against Prime Minister Imran Khan, terming it against Article 5 of the Constitution.

Taking the floor shortly after the NA session began, Information Minister Fawad Chaudhry said that loyalty to the state was the basic duty of every citizen under Article 5(1). He reiterated the premier’s earlier claims that a foreign conspiracy was behind the move to oust the government.

“We were told that relations with Pakistan were dependent on the success of the no-confidence motion. We were told that if the motion fails, then Pakistan’s path would be very difficult. This is an operation for a regime change by a foreign government,” he alleged.

The minister questioned how this could be allowed and called on the deputy speaker to decide the constitutionality of the no-trust move.

Suri noted that the motion was presented on March 8 and should be according to the law and the Constitution. “No foreign power shall be allowed to topple an elected government through a conspiracy,” he said, adding that the points raised by the minister were “valid”.

The Deputy NA speaker dismissed the motion, ruling that it was “contradictory” to the law, the Constitution and the rules. The session was later prorogued.

What does Article 5 state?

Article 5 of the constitution of Pakistan reads:

Loyalty to State and obedience to Constitution and law.

(1) Loyalty to the State is the basic duty of every citizen.

(2) Obedience to the Constitution and law is the 10[inviolable] 10 obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

Later in the day, PML-N President Shehbaz Sharif and PPP Chairman Bilawal Bhutto said the PTI government has committed treason under Article 6 of the Constitution by rejecting voting on the no-trust motion.

Here is a look at what Article 6 says:

Section one of the Article says:

“Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

The second clause adds that any person aiding, abetting or collaborating in the acts will also be considered guilty of high treason.

Clause 2A says that an act of high treason cannot be validated by any court, including the Supreme Court and a High Court.” The last clause directs the Parliament to provide “for the punishment of persons found guilty of high treason.”

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