Current situation of Pakistan:

Pakistan's President Dr Arif Alvi on 3 April 2022, dissolved the National Assembly on the advice of Prime Minister Imran Khan under Article 58(1) of the constitution of Pakistan, 1973.

Earlier, the no-confidence motion against Prime Minister Imran Khan was dismissed abruptly on Sunday 3 April 2022, after National Assembly Deputy Speaker Qasim Suri termed it "unconstitutional", saying that it was backed by "foreign powers" He disallowed voting on the no-trust motion and adjourned the session for an indefinite period. Former Law and Information Minister Fawad Chaudhry read out Article 5 of the Constitution and accused the Opposition of "disloyalty to the state."

 Legal Questions:-

Can a new Prime Minister be elected in the same session?

New prime minister cannot be elected in the same session because Under Article 58(2) of the Constitution, upon passing of the vote of no-confidence against the current premier, a separate session of the National Assembly is to be called. The sole purpose of the session is then to ascertain whether another member of the National Assembly commands the confidence of the majority.

Can the speaker of the assembly delay the session to elect a new Prime Minister?

The speaker of the assembly cannot delay the session to elect a new prime minister because after passing the vote of no-confidence, the summoning of the session to elect a new premier is the collective responsibility of the National Assembly.

Rule 32 of the Rules of Business stipulates that "whenever the office of the Prime Minister falls vacant for any reason, the assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the prime minister". Provided: According to the procedures, the opposition may move requisition for this purpose and the speaker is bound to act upon it.

Can the president request a prime minister, against whom a vote of no-confidence has been passed, to continue in office under Article 94 till a successor is chosen?

No, because under the procedures stipulated in Article 95, the prime minister ceases to hold office immediately after the passing of the vote of no-confidence. The president does not have the authority to request the prime minister to continue. The option to resume is reserved for those who resign themselves or call for a dissolution of the National Assembly.

According to Rule 38 of the Rules of Business further clarifies the situation mandating that when a resolution of no-confidence is passed, the speaker shall forthwith intimate the result to the president and the secretary shall cause a notification to be published in the Gazette.

Can Article 248 falls under this prevailing situation?

Article 248 is related to the Protection of President, Governor, Minister, etc. According to this Article, it will protect President and Prime minister in a situation where they exercise their rights lawfully, so as per the prevailing situation, Article 248 did not protect the Prime minister as he violated Article 58(1) and amounts to high treason.

Conclusion:

According to my point of view, Imran Khan`s advice to President to dissolve National Assembly is a violation of the Constitution. The Government has violated the Constitution by not allowing voting on the no-confidence motion. As deputy speaker, Qasim Suri dissolved the assembly on a basis of Article 5 of the constitution of Pakistan which says that it is the basic duty of every citizen to show loyalty to the State and show some obedience towards the state but on the other hand Article 58 provides that:

"Prime Minister" shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

According to this article Prime minister does not has any right to dissolve the assembly so he is liable for the violation of the constitution which amounts to high treason.

Imran Khan is liable for high treason in a following manner:

1. He recognizes the martial law

2. He violates the constitution of Pakistan

3. Act of deputy Speaker is illegal and it is amount to high treason.

Therefore, If any act or order is a nullity in law, it is considered void ab initio and any proceedings flowing from it are also void. A nullity can't be perpetuated. The prime minister’s right to seek dissolution of assemblies via the President ceases to exist till a motion of vote of confidence is pending vote.

Dismissing the motion under Article 5 was unconstitutional and through that, the premier assuming the right to ask the President to dissolve the Assembly is also void. Furthermore, the Deputy Speaker dismissing the motion under Article 5 is also a charge sheet against the 86 parliamentarians, who had presented the motion that they are acting against the interest of Pakistan.

Supreme Court's Action:

"The court not only can, but must intervene," the SC will likely declare the Speaker's ruling illegal, which in turn, would strike down the President's action to dissolve the National Assembly. If the Supreme Court accepts that the Assembly stands dissolved and elections should take place, it would in effect be validating prevailing unconstitutional proceedings. The SC will most likely reverse all proceedings and direct for the no-trust motion to be put to vote in line with Constitution.