1.
Introduction
Governor-General
of Pakistan has been the representative of British Monarch in Pakistan since
independence in 1947. However, office of Governor General was abolished when
Pakistan was proclaimed a republic through Constitution
of Pakistan 1956. After this, Pakistan becomes a Presidential republic
through Constitution of Pakistan 1962. It was
finally through Constitution of Pakistan 1973 that a parliamentary system of
government was introduced in Pakistan. This parliamentary system of government
has been modified several times since its inception. In the existing
parliamentary system of government, President of Pakistan is considered
ceremonial head of the state.
2.
Relevant Provisions
Articles
41, 43, 44, 47, and 49 of 1973 Constitution of Pakistan
1973 deal with the Qualification, election office and impeachment of the
president.
3.
Office of President; Article 41(1)
According
to the 1973 constitution of Pakistan President is the constitutional Head of
the state and represent the unity of the Republic. He is merely constitutional
head because responsibility for administration rests with the Prime Minister.
4. Qualification for the election as President
According
to the article 41(2) following are the qualifications of the president of
Pakistan.
(i)
He must be a citizen of Pakistan
(ii)
The candidate for presidency must be a Muslim by faith.
(iii)
He must not be less than 45 years of age.
(iv)
He should not hold any office of profit in service of Pakistan.
(v)
He must be a person who is a qualified to be elected as a member of National
Assembly.
(vi)
He should be fit mentally and physically.
5. Mode of Election of President of Pakistan
Under
article 41 follow method of election of the president of Pakistan.
(a)
Electoral College; A-41(3)
Under
the article 41(3) the President shall be elected by the members of the Electoral
College.
(b)
Composition of Electoral College
The
members of the electoral college are following
(i)
members of both houses of Parliament
(ii)
members of all the provincial assembly.
6. Procedure for the election of President of Pakistan
Under
article 41(3) 2nd Schedule the present of Pakistan is elected in
joint session of parliament. He is elected indirectly now the provincial
assemblies have also included. In the election process of the President.
(a)
Chief Election Commissioner
The
Chief Election Commissioner shall hold and conduct election to the office of
President and shall be the returning officer for such election.
(b)
Appointment of presiding officers
The
Chief Election commissioner shall appoint presiding officers to preside at the
meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of
the members of the Provincial Assemblies.
(c)
Fix time and place for depositing nomination papers
The
Chief Election Commissioner shall by public notification fix the time and place
for depositing nomination papers, holding a scrutiny, making withdrawals, if
any and holding the poll, if necessary.
(d)
Nominations of Candidate
On
the fixed day any member of any house shall nominate a candidate and will
inform the nomination. The nominations papers will be signed by proposer and
seconder. The candidate’s willingness certificate will also be filed. After
examination of the nomination papers Chief Election Commissioner will announce
the name of candidate.
(e)
Voting in Parliament
The
Speaker will summons the joint sitting of Parliament’s two houses on the
requisition of election commissioner. The election will be held under secret
ballot. All members will be given ballot papers and their names will be entered
into counter foils of the ballot book. The members will cast their votes by
putting mark on the ballet papers.
(f)
Counting of Votes
After
the polls the votes in favor of different candidates by the parliament will be
counted and the votes polled in provincial assemblies in favor of each
candidate shall also, be added to them The votes in Provincial Assembly shall
be multiplied separately by the number of seat of smallest assembly and then
divided by the number of seats concerned assembly. The result of each candidate
is announced assembly. The result of each candidate is announced on the basis
of simple majority by adding the votes in senate and provincial assemblies. The
candidate who secured the majority is declared successful.
7. Oath for the office of President
Under
article 42, before entering into the office the successful candidate shall take
oath for the office of president before Chief Justice of Pakistan.
8.
Term of Office
The
tenure of the President of Pakistan is Five years from the day he enters upon
his office.
9. Powers of President of Pakistan
Following
are the Powers of the Pakistan
(i)
Powers regarding Military
Following
are the powers of President related Military
(a)
Appointment
On the
advice of Prime Minister, President appoints Chairman Joint Chiefs of Staff
committee, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff.
Even President of Pakistan determines their allowances and salaries.
(b)
War and Peace settlement
President
possesses power to declare war and make peace settlement. However, such power
can only be used after making consultation with Prime Minister.
(c)
sending of Pakistan Army to other states and united nations organization
President
has power to send Pakistan army for help to other states and United Nations
organization.
(ii)
Judicial Power
President
of Pakistan possesses following judicial powers
(a)
appointment of Chief Justice of Pakistan
(b)
Appointment of Chief Justices of High Courts and Judges of Supreme Court and
High Court
(c)Appointment
of acting Chief Justice of Pakistan and chief Justice of High Courts
(d)
Appointment of acting and ad hoc judges of Supreme Court
(e)
Appointment of additional judges of High Courts
(f)
Power to grant pardon, etc
(iii)
Legislative Powers
President
of Pakistan possesses following legislative powers.
(a)
Right to speak
(b)
Right of address
(c)Summoning
of Parliament
(d)
President’s assent for legislation
(e)
Ordinance
(iv)
Executive Powers
(a)
Appointment of Auditor General
(b)
Appointment of Attorney General
(c)Appointment
of Governors
(d)
Appointment of members of National Finance Commission
(e)
Appointment of members and chairman of Council of Islamic Ideology
(f)
Appointment of Council of Common Interest
(g)
Constitution of National Economic Council
(v)
Powers regarding Foreign Affairs
President
of Pakistan has power to appoint ambassadors in foreign states and
representative in United Nations Organization. And power to settle foreign
affairs.
10. Ground/Conditions for Removal President of Pakistan
Under
the following ground or conditions the president may be removed from his
office.
(i)
physical incapacity
(ii)
Mental incapacity
(iii)
Guilty of violation of the constitution
(iv)
On account of gross misconduct
Conclusion
To
conclude, it can be stated that there emerged an apprehension of political
conflict between British Parliament and British king/queen after constitutional
development especially with Glorious Revolution. However, such apprehension
vanished with the passage of time due to effective conventions and influential
acts of parliament. Similarly, Pakistan has experienced a kind of political
conflict between its President and Prime Minister. However, some of recent constitution
amendments have made Prime Minister more powerful than President. These
amendments have aimed to finish political conflict between these two
constitutional heads.
0 comments:
Post a Comment