77. Dissolution of the Provincial Legislature
(1) The first dissolution of the Provincial Legislature should be on the advice of the Chief Minister of the Province.
(2) No dissolution should take place on the advice of the Caretaker Ministry which functions between the date of the dissolution of the Provincial Legislature and the formation of a new Ministry after fresh elections.
(3) If a contingency arises wherein no such Ministry as can command the confidence of the Provincial Legislature can be formed, the Head of the Province should be authorized to dissolve the Provincial Legislature in exercise of his emergency powers and hold fresh elections.
78. Right of Ministers and the Advocate-General as respects Provincial Legislature
(1) Provision should be made for appointing as a Minister a person who is not a Member of the Provincial Legislature, provided that a person will cease to be a Minister unless he gets elected within a period of six months from the date of his appointment.
(2) The Ministers and the Advocate-General of the Province should have the right to address the Provincial Legislature even though they may not be Members of the Provincial Legislature. The Advocate-General should have no right of vote as he will not be a Member of the Provincial Legislature. Any Minister who is not a Member of the Provincial Legislature should also have no right of vote.
79. The Chairman and Deputy Chairman of the Provincial Legislature
Provision should be made for the election of a Chairman and a Deputy Chairman of the Provincial Legislature on the following lines:
(1) Every Provincial Legislature should, as soon as may be, choose two Members of the Provincial Legislature to be respectively Chairman and Deputy Chairman thereof and so often as the office of Chairman or Deputy Chairman becomes vacant the Provincial Legislature should choose another Member to be Chairman or Deputy Chairman, as the case may be.
(2) A Member holding office as Chairman or Deputy Chairman of a Provincial Legislature should vacate his office if he ceases to be a Member of the Provincial Legislature and may at any time resign his office by writing under his hand addressed to the Head of the Province and may be removed from his office by a resolution of the Provincial Legislature passed by a majority of all the then Members of the Provincial Legislature, but no resolution for the purpose of this sub-para should be moved unless at least fourteen days' notice has been given of the intention to move the resolution:
Provided that whenever the Provincial Legislature is dissolved, the Chairman should not vacate his office until immediately before the first meeting of the Provincial Legislature after the dissolution.
