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IN THE MATTER OF: REFERENCE NO.2 OF 2005 BY THE PRESIDENT OF PAKISTAN versus IN THE MATTER OF: REFERENCE NO.2 OF 2005 BY THE PRESIDENT OF PAKISTAN


Articles 105 and 186 will follow the Governor's advice. Article 105 of the constitution requires the governor's ability to approach the prime minister to file a reference by the president without consulting the chief minister, but the governor's advice needs to be followed but there are some areas where he Can act at its discretion under the constitution, but is silent on how the governor will communicate with the prime minister. In the present case, the chief minister was already involved in the legislative process. The bill was asked to express its opinion and the bill was forwarded to the Islamic Ideological Council for their observation, but the objection raised by the governor and the council in its report was not removed, Therefore, the Governor, who was already in the picture, had no constitutional restrictions to speak to the Prime Minister. In the present case, the Supreme Court referred to the Governor, but on the basis of the Prime Minister's advice from the President. Despite the fact that the governor talked to the prime minister, but in any case, this cannot be considered unconstitutional.

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