(2) No such charge shall be preferred unless not less than one-third of the total number of members of the National Assembly give to the Speaker of that Assembly notice of their intention to move a resolution for the impeachment of the President, and no such resolution shall be moved in the Assembly unless fourteen days have expired from the date on which notice of such resolution is communicated to the President.
(3) The President shall have the right to appear and be represented during the consideration of the charge.
(4) If, after the consideration of the charge, a resolution is passed by the National Assembly, but the votes of not less than three-fourths of the total number of members, declaring that the charge has been substantiated, the President shall vacate his office on the day on which the resolution is passed.
(5) Where the Speaker of the National Assembly is exercising the functions of the President under Article 36, the provisions of this Article shall apply subject to the modification that the reference to the Speaker in clause (2) shall be construed as a reference to the Deputy Speaker, and that the reference in clause (4) to the removal from office of the President shall be construed as a reference to the removal of the Speaker from this office as Speaker; and on the passing of a resolution such as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.
36. Speaker of National Assembly to act as President.- (1) If a vacancy occurs in the office of President, or if the President is absent from Pakistan or is unable to discharge the duties of his office owing to illness or any other cause, the Speaker of the National Assembly shall exercise the functions of President until a President is elected. or until the President resumes the duties of his office, as the case may be.
(2) For any period during which the Speaker of the National Assembly exercises the functions of President he shall be entitled to the same remuneration and privileges as are admissible to the President, but he shall not, during any such period, exercise any of the functions of the office of the Speaker of a member of the National Assembly, or be entitled to the remuneration and privileges admissible to the Speaker or such a member.
37. The Cabinet.- (1) There shall be a Cabinet of Ministers with the Prime Minister at its head, to aid and advice the President in the exercise of his functions.
(2) The question whether any, and if so, what, advice has been tendered by the Cabinet, or a Minister or Minister of State, shall not be inquired into in any court.
(3) The President shall, in his discretion, appoint from amongst the members of the National Assembly a Prime Minister, who, in his opinion, is most likely to command the confidence of the majority of the members of the National Assembly.
(4) Other Ministers, Ministers of State and Deputy Ministers shall be appointed and removed from office by the President, but no person shall be appointed a Minister of State or Deputy Minister unless he is a member of the National Assembly.
