The President of Pakistan: Powers and Functions

Introduction:

In this article, we discuss The Election Power and Function of the President of
Pakistan under the 1973 Constitution of Pakistan. The President of Pakistan symbolizes
the unity of the Islamic Republic of Pakistan. The President runs the business of the
state through the prime Minister. The constitution of Pakistan 1973 also created an
office of president. Qualification, Election office, Impeachment of the President.

Relevant Provisions:

Articles 41, 43, 44, and 47 of the 1973 constitution of the Islamic Republic of Pakistan
deal with the Qualification, election office, and impeachment of the President.

President Means:

The chief officer of a state, society, or meeting is called the President.

According Article 41(1):

There shall be the President of Pakistan who shall be the Head of the state and shall
represent the unity of the Republic.

Case Law:

In M. Nawaz Sharif v. President, PLD 1993 SC 473, it was observed that the president as
the symbol of the unity of the Federation is entitled to the highest respect and esteem
by all the functionaries of the state.

Head of the State:

The President is the head of the state.

Indirect Election:

Who elects the President of Pakistan according to the 1973 Constitution? He is elected
by the Electoral College consisting of the Senate, National Assembly, and Provincial
Assemblies so his election is indirect. The procedure for the election is difficult and
complicated.

Wide Power:
The president has been given wide power by the Constitution.

Conditions of President's Office - Article 43(1):

The President shall not hold any office of profit, or serve in any institute in Pakistan.

Article 43 (2):

The president shall not be a candidate for election as a member of Majlis -e- Shoora
(parliament) or Provincial Assembly.

Exception:

If He is elected as a president during his membership in majlis-e-Shoora (parliament)

and provincial assembly his seat in majlis-e-Shoora or in case of the provincial assembly
shall become vacant on the date He holds upon the office.

Term of Office:

The president holds office for a term of five years from the day he enters his office.
Moreover, no person can be re-elected as president for more than two consecutive
terms.

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Qualification of the President of Pakistan 41 (2):

Qualifications of the President of Pakistan

1- Religion:

He should be a Muslim subject.

2- Age:

Candidates for President must not be less than 45 years of age.

3- Citizen of Pakistan:

The president of Pakistan must be a citizen of Pakistan.

4- Sound Mind:
He must be a person of sound mind and give rational answers.

5- Membership:

He must be a person who is otherwise qualified to be elected as a member of the

national assembly.

6- Office of Profit:

He should not hold any office profit in service of Pakistan.

Mode of Election:

A president shall be elected by the

1. Members of both houses of parliament.

2. Members of all provincial assemblies.
Procedure for the Election of the President:

The President is elected and the business of election is carried on in a joint session of
parliament.

Following are the procedures in the election process for the president.

(a) Nominations of Candidates:

On a fixed day any member of any house shall nominate a candidate and will inform the
nomination. The nomination papers will be signed by the recommend. The candidate
must file his willingness certificate in proper and prescribed manners. After the
examination of the Nomination papers, the Chief Election commissioner will announce
the name of the candidate.

(b) Voting in Parliament:

The speaker will summon the joint sitting of parliament, 's two houses on the requisition
of the Election commissioner. The Election will be held for President under secret ballot.
All members of the Electoral College will be given ballot papers and their names will be
listed on the counter full of the ballot book. The members will cast their votes by putting
marks on the ballot papers.

(c) Counting of Votes:

After the polls, the votes in support of different contestants will be counted and the
votes polled in Provincial Assemblies in support of each nominee shall also be added to
them. The votes in provincial Assemblies shall be multiplied separately by the number of
seats of the smallest assembly and then divided by the number of seats concerned
assembly. The result of an election held in parliament is announced based on a simple
majority by adding the votes in the Senate and Provincial Assemblies. The candidate
who secured the majority in the said election is declared successful.

(d) Oath for the Office of President:

Before entering office, the president shall make an oath before the chief justice of
Pakistan. Oath in the form listed in the third schedule of the Constitution of Pakistan.

Re-Election:

A person holding office as president shall be eligible for the re-election of the president.

Resignation:

The president may resign from his office by writing under his hand addressed to the
speaker of the National Assembly.

Acting President:

If the office of the president falls vacant because of his death, illness resignation,
dismissal, or absence from Pakistan the chairman of the Senate will act as president,
and in case of his inability, the speaker of N. A will act as president.

Grounds for Removal of the President:

The Following grounds that the President may be removed from office

 Physical incapacity or
 Mental incapacity.
 Violating the constitution;
 Gross misconduct.
Impeachment of the President:

Impeachment can be moved in the parliament when there is an allegation of

infringement of the constitution or corruption, or he becomes unable to perform his
duties due to mental and physical. According to the procedure, no less than one-half
members of two houses may send a written notice to the speaker or chairman. A copy
of the impeachment along with the list of allegations is sent to the president.
On the receipt of the notice speaker, summons the joint session of the parliament
within seven to fourteen days, and the president is given the full opportunity to defend
the allegations.

After hearing in the parliament of the two-thirds majority of the two houses cast votes
in favour of the resolution then the president shall cease to hold office immediately
upon the passing of the resolution. Powers and Function of the President:

Under the constitution of 1973, the president of Pakistan possesses nominal power. The
powers of the president can be broadly divided into executive, judicial, and legislative.

Relevant Articles:

Articles 54, 58-2B, 56-1, 58-1, 75, 89, 45, 232-235, 153, 155, 213-221, 101, 92, 91, 2(a)
213, 243, 242, 156, 160, 243, (a) 243-2 of the Constitution 1973 of Pakistan.

A- Executive Powers and Functions:

(1) Exercise of Executive Authority:

The executive authority of the Federation shall vest in the president and shall be
exercised by him by the constitution.

(2) Cabinet to Advise the President:

The functions of the cabinet and the Prime Minister shall to be an aid and advise the
president.

(3) Appointment of Federal Minister, and Minister of State Art:

The president shall appoint federal Ministers and Ministers of the state from amongst
the members of Parliament on the advice of the prime Minister.

(4) Appointment of Governors of the Province:

The president appoints the governors of provinces.

(5) Appointment of Attorney General of Pakistan:

The President of Pakistan appoints the executive authorities like the Attorney General
of Pakistan and other executives.

(6) Members of the National Finance Commission:

He appoints the members of the National Finance Commission.

(7) Chief Election Commissioner:

The president of Pakistan appoints the Chief Election Commissioner of Pakistan.

(8) Member of the Council of Islamic Ideology:

The president appoints the members of the Council of Islamic Ideology.

(9) Members of the Council of Common Interest:

The president appoints a member of the Council of Common Interest.

(10) Member of National Economic Council:

The president appoints a member of the National Economic Council.

(11) Appointment of Chairman of Federal Public Service Commission:

The president has the power to appoint the chairman of the public service commission
constituted concerning the affairs of the Federation.

(12) Holding Referendum:

The President of Pakistan may cause the issue to be referred to as a referendum in the
form of a question that is capable of holding a referendum.

(13) Fresh Election Date:

Where the president dissolves the National Assembly, he is bound to fix a date, not later
than 90 days from the date of such dissolution for the holding of the general elections to
the Assembly.

B- Judicial Powers and Functions:

(1) Appointment of Chief Justice and Judges of the Supreme Court:

The Chief Justice of Pakistan shall be appointed by the president, after consultation with
the Chief Justice of Pakistan; with the Governor concerned, except where the
appointment is that of the Chief Justice of Pakistan, and the Chief Justice of the High
Courts.

(2) Appointment of the Chief Justice of the High Court:

The president has the power to appoint the chief justice of the High Court.
(3) Determination of Salaries of Judges:

The president determines and approves the salaries of Judges of the Supreme Court.

(4) Additional Judge of High Court:

The president is empowered to appoint an Additional Judge of the High Court.

(5) Power to Grant Pardon:

The President of Pakistan shall have the power to Grant Pardon, acquittal, and relief
and to remit, postpone, or convert any punishment passed by any court, tribunal, or
other Authority.

(6) Transfer of High Court’s Judges:

The President of Pakistan may transfer any judge of a High Court from one High Court to
another, but no Judge shall be so transferred except with his assent and after discussion
by the President with the Chief Justice of Pakistan and the chief Justices of both High
courts.

(7) Reference to Supreme Judicial Council:

The president may refer the case of any judges to the Supreme Judicial Council for
inquiry.

(8) Reference to Islamic Ideology Council:

This is the power of the president to refer any law made by parliament to the Islamic
Ideology Council for review and recommendation.

C- Legislative Powers and Functions:

(1) Summoning and Prorogation of Parliament:

The President of Pakistan may, from time to time, summon either House of Majlis -e-
Shoora (parliament) in combined sitting to meet at such time and place as He satisfied
and may also prorogue the same.

(2) Address by the President:

The President may address either House or both Houses of Parliament jointly and may
for that purpose oblige the attendance of the Members.
(3) Right to speak in Parliament:

The President has the right to speak in parliament.

(4) Dissolution of National Assembly:

The President shall dissolve the National Assembly if so advised by the Prime Minister,
and the National Assembly shall if not dissolved, consider standing dissolved at the
expiration of forty-eight hours after the Prime Minister has so given an opinion.

(5) Appointment of Caretaker Cabinet:

The President of Pakistan is authorized to assign a caretaker cabinet.

(6) Messages Regarding Pending Bills:

The president may send a message about a Bill pending in the parliament.

The House to which the message is sent shall take into consideration the matter of the
message as soon as possible.

(7) Promulgation of the Ordinance:

The President of Pakistan may, except when the National Assembly is in session if
satisfied that it needs to take instant action, make and promulgate an Ordinance as the
situation and circumstances may require.

(8) Address to joint Session of the Parliament:

The president may address either or both Houses assembled together and may for that
purpose require the attendance of the members.

(9) Power to Make the Procedure for Joint Sitting:

The president, after consultation with the speaker of the National Assembly and the
Chairman Senate, may make rules as to the procedure concerning the joint sittings of,
and communication between the two Houses.

(10) Assent to Amendments:

When a bill of amendment in the constitution is passed by both Houses, it is presented

to the president for assent.

(11) Presidential Assent for other Bills:

No other bill becomes law unless it is assented to by the president.

D- Emergency Powers and Functions:

 The President of Pakistan shall have the power to proclaim an emergency in the
Country. Articles 232 to 237 deal with the Proclamation of Emergency.
 Under Article 232, the president may make a proclamation of Emergency if he is
satisfied that there is an imminent danger of external or internal aggression.
 Under Article 233, the president may suspend fundamental Rights contained in
Articles 15, 16, 17, 18, 19, and 24 and may suspend the right to move to the court
during an emergency.

E- Military Power and Functions:

(1) Appointment of the Chief of Armed Forces:

The President of Pakistan appoints the officials in the Pak army like the Chief of Army
Staff, the Chief of Naval Staff, and the Chief of the Air Force of Pakistan.

(2) Power to Grant Commission:

The president shall have the power to grant commission to such forces.

(3) Declaration of War:

The President of the Islamic Republic of Pakistan is empowered to declare war.

(4) Settlement of Peace:

The president plays a significant role in the settlement of peace in the parliament and
between political parties.

(5) Raise and Maintain the Military, Naval, and Air forces of Pakistan.

The president shall have the power to raise and maintain the Military, naval, and air
force of Pakistan and the reserves of such forces.

(6) Appointment of the Chairman Joint Chief of Staff Committee:

The president shall in consultation with the prime Minister, appoint the Chairman Joint
Chief of staff committee.

(7) Power to Determine Salaries and Allowances:

The president shall also have the power to determine their salaries and allowances.

(8) Send the Army for the Help of other Countries:

The president can send the Army for the help of other countries and in United Nations.

F- Foreign Affairs and Functions:

(a) Settlement of Matters:

The president has the power to settle Foreign Affairs.

(b) Appointment of Ambassadors:

The president appoints the Ambassadors.

(c) Appointment of Representatives in the United Nations:

The president appoints a representative in the Nation.