1[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]:
4[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 5[and the
validity of anything done by the President in his discretion shall not be called in question on any
ground whatsoever].
6* * * * * * *
(4) The question whether any, and if so what, advice was tendered to the President by the
Cabinet, the Prime Minister, a Minister or Minister of State shall not be inquired into in, or by, any
court, tribunal or other authority.
7[(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 caretaker Cabinet8[in accordance with the provisions of Article 224 or, as the
case may be, Article 224A].]
7[(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 MajliseShoora (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 MajliseShoora (Parliament) may lay down the procedure for the holding of a
referendum and the compiling and consolidation of the result of a referendum.]
49. Chairman or Speaker to act as, or perform functions of, President. (1) If the office of
President becomes vacant by reason of death, resignation or removal of the President, the Chairman
or, if he is unable to perform the functions of the office of President, the Speaker of the National
Assembly shall act as President until a President is elected in accordance with clause (3) of Article
41.
1 Subs. by P.O. No. 14 of 1985, Art. 2 and Sch., for "Article 48".
2 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 15.
3 Subs. by the Constitution (Eighth Amdt.) Act, 1985 (18 of 1985), s. 2, for ",the Prime Minister, or a appropriate Minister".
4 Subs. ibid., for "the original proviso".
5 Added ibid.
6 Clause (3) omitted, ibid.
7 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 15, for "clauses (5) and (6)".
8 Added by the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), s.2.
Page 27 of 167