The Provincial Assembly of Khyber Pakhtunkhwa is a unicameral legislature of elected representatives of the Pakistani province of Khyber Pakhtunkhwa, which is located in Peshawar, the provincial capital. It was established under Article 106 of the Constitution of Pakistan, having a total of 145 seats, with 115 general seats, 26 seats reserved for women and 4 reserved for non-Muslims.
Introduction
The Provincial Assembly of Khyber Pakhtunkhwa is the unicameral legislative body for Pakistan's Khyber Pakhtunkhwa province, located in Peshawar. Established under Article 106 of the Constitution of Pakistan, it legislates on provincial matters including education, health, and local government.
The assembly elects the Chief Minister who leads provincial government and appoints members of provincial cabinet. Under the Parlimentary framework of government both chief minister and cabinet are responsible to assembly.
Composition After Final Delimitation 2018, the composition of Khyber Pakhtunkhwa Assembly seats is as under: General seatsReserved for womenReserved for non-MuslimsTotal seats115264145
History
The history of the provincial legislature of present-day Khyber Pakhtunkhwa begins during British colonial rule in the Indian subcontinent. Before the British annexed the region, the areas that now form Khyber Pakhtunkhwa were ruled by local tribal systems, the Durrani Empire, and later the Sikh Empire under Maharaja Ranjit Singh. In 1849, after defeating the Sikhs, the British East India Company annexed the region and included it within the Punjab Province of British India.
For many decades, the Pashtun-majority areas were administered directly from Lahore under the Punjab government. The British considered the frontier region strategically important because of its proximity to Afghanistan and the fear of Russian expansion toward India during the "Great Game." As a result, the British introduced a special administrative system with strict frontier laws, military control, and limited political participation.
In 1901, the Viceroy of India, Lord Curzon, separated the north-western districts from Punjab and created the North-West Frontier Province, commonly called NWFP. The new province included Peshawar, Kohat, Bannu, Dera Ismail Khan, and Hazara divisions. At that time, there was no elected provincial assembly. The province was administered by a Chief Commissioner and later a Governor appointed by the British Crown.
Political awareness gradually increased in the province during the early twentieth century. Leaders such as Khan Abdul Ghaffar Khan, also known as Bacha Khan, launched social and political reform movements. His organization, the Khudai Khidmatgar, worked closely with the Indian National Congress and demanded constitutional reforms and greater rights for the people of the frontier.
A major turning point came with the Government of India Act 1935. Under this law, NWFP was granted provincial autonomy and an elected legislative assembly for the first time. Elections were held in 1937, leading to the formation of the first provincial ministry. The Congress Party, supported by Bacha Khan's movement, formed the government under Dr. Khan Sahib, elder brother of Abdul Ghaffar Khan. This was effectively the beginning of the provincial assembly tradition in the province.
During the 1940s, political tensions increased over the future of India. The All-India Muslim League under Muhammad Ali Jinnah gained popularity in the province. In the 1946 elections, the Congress again formed the provincial government, but the Muslim League intensified its campaign for Pakistan.
In 1947, before the partition of British India, the British held the North-West Frontier Province referendum 1947 to determine whether the province would join Pakistan or India. The Congress and Khudai Khidmatgar movement boycotted the referendum because the option of independence was not included. Most voters who participated voted in favor of joining Pakistan. Consequently, NWFP became part of Pakistan on 14 August 1947.
Following the declaration of One Unit on 3 October 1955, the country was divided into two provinces, West Pakistan and East Pakistan and the Legislative Assembly Building was declared as Peshawar High Court.
After the dissolution of West Pakistan in 1970, was restored. The legislative Assembly was restored as a Provincial Assembly through a presidential order known as legal framework order 1970. After the restoration of the Provincial Assembly in 1970, General Elections were held for Khyber Pakhtunkhwa Provincial Assembly on 17 December 1970. At that time the number of member's seats in the Assembly was 43 out of which 2 seats were reserved for women (Constituency WR-06) and only one for minorities. The first session of the Assembly was summoned on 2 May 1972 in the hall of Pakistan Academy for Rural Development, University Town Peshawar. Muhammad Aslam Khan Khattak was elected as Speaker and Arbab Saifur Rehman Khan as Deputy Speaker on 2 May 1972, and opposition leader Mufti Mahmud was elected Chief Minister as part of an alliance between his party the Jamiat Ulema-e-Islam and the National Awami Party (Wali). His government collectively resigned in protest against the dismissal of the Balochistan provincial government. After some political wrangling a minority government was formed by the Pakistan Peoples Party under Sardar Inayatullah Khan Gandapur, he was subsequently replaced by Nasrullah Khan Khattak. The provincial elections in 1977 were boycotted by the opposition Pakistan National Alliance, a short-lived government was formed under Chief Minister Muhammad Iqbal Khan Jadoon.On 5 July 1977 Martial Law was declared and the Provincial Assembly was dissolved.
The 1985 non-party elections brought Arbab Jehangir Khan as Chief Minister, but the assembly was dismissed in 1988 by President Zia-ul-Haq. The 1988 elections, the first after Zia's death, were won by the PPP and ANP alliance, with Aftab Ahmad Khan Sherpao becoming CM. That assembly lasted only two years before being dissolved in 1990. The 1990 elections saw IJI (Islami Jamhoori Ittehad) win, and Sabir Shah of PML-N became CM, but again the assembly was dismissed in 1993 under governor's rule. The 1993 elections brought a PPP-PML coalition, with Aftab Sherpao returning as CM, but he was removed in 1996 after President Farooq Leghari dismissed the provincial government on corruption charges. The 1997 elections gave a landslide to PML-N, with Sardar Mehtab Ahmed Khan as CM, but the Musharraf coup of 1999 dissolved all assemblies once more.
After a four-year gap, the 2002 elections under Musharraf's legal framework saw MMA (Muttahida Majlis-e-Amal), a religious parties' alliance, win a surprising majority in KPK. Akram Khan Durrani of JUI-F became CM, the first religious leader to hold that post. His government completed its full five-year term.
The 2008 elections saw ANP win, with Amir Haider Khan Hoti as CM, focusing on peace and anti-militancy operations One of the landmark achievements of this term was the passage of a resolution to change the province's name from NWFP to Khyber Pakhtunkhwa, which was formalized in 2010.
The 2013 election marked a turning point: Pakistan Tehreek-e-Insaf (PTI) won its first-ever provincial government anywhere in Pakistan, with Pervez Khattak as CM. This assembly also served a full term. The 2018 election was historic because the Federally Administered Tribal Areas (FATA) were merged into KPK, raising the assembly size from 124 to 145 seats (115 general, 26 women, 4 non-Muslim). PTI again won a majority, with Mahmood Khan as CM. The assembly was dissolved early in January 2023 by PTI (on orders from party chief Imran Khan to force snap national elections). After a caretaker government, the 2024 elections were held in February. PTI-backed independent candidates (running without a party symbol due to a Supreme Court ruling) won the most seats and Ali Amin Gandapur (PTI-backed) becoming Chief Minister.
Qualification of members According to Article 113 of the Constitution, the qualifications for membership in the National Assembly set forth in Article 62 of the Constitution also apply for membership to the Provincial Assembly. Thus, a member of the Provincial Assembly: must be a citizen of Khyber-Pukhtunkhwa; must be at least twenty-five years of age and must be enrolled as a voter in any electoral roll in– any part of Khyber-Pukhtunkhwa, for election to a general seat or a seat reserved for non-Muslims; and any area in Khyber-Pukhtunkhwa from which the member seeks membership for election to a seat reserved for women. must be of good character and not commonly known as one who violates Islamic injunctions; must have adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins; must be sagacious, righteous, non-profligate, and honest; must have never been convicted for a crime involving moral turpitude or for giving false evidence; must have never, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.
The disqualifications specified in paragraphs 3 and 4 do not apply to a person who is a non-Muslim, but such a person must have good moral reputation and possess other qualifications prescribed by an act of Parliament.
Disqualification of members The criteria for disqualification of members of a Provincial Assembly is established by Articles 63, 63A, 113 and 127. A person shall be disqualified from being elected or chosen as, and from being, a member of the Provincial Assembly if the member: is of unsound mind and has been so declared by a competent court; or is an undischarged insolvent; or ceases to be a citizen of Khyber-Pukhtunkhwa, Pakistan or acquires the citizenship of a foreign State; or holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or is in the service of any statutory body of any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction; or