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    Friday, 30 September 2016

    President of Pakistan, its election, powers and removal

    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.
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    Item Reviewed: President of Pakistan, its election, powers and removal Rating: 5 Reviewed By: Usman Ali
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