1. The office of the President under the 1973 Constitution

Pakistan’s 1973 Constitution established a parliamentary system of government. In such a system, the real executive authority rests with the Prime Minister and the cabinet, while the President performs the role of a constitutional head of state. The President is the symbol of the unity of the Republic and represents the nation in a formal and ceremonial sense.

This distinction between the head of state and the head of government is fundamental to understanding the President’s role. The President does not govern. Real administrative responsibility belongs to the Prime Minister. However, this does not mean the President is without influence. When the President offers counsel to the Prime Minister or the cabinet, that counsel carries weight and is entitled to serious consideration.

2. Qualifications for election as President

Article 41(2) sets out the qualifications that a person must possess to be eligible for election as President of Pakistan. These conditions are strict and are designed to ensure that the person holding the highest constitutional office meets certain fundamental requirements.

The candidate must be a citizen of Pakistan and a Muslim by faith. They must have reached the age of at least 45 years. They must not hold any office of profit in the service of Pakistan at the time of their candidacy. They must be otherwise qualified to be elected as a member of the National Assembly. They must also be mentally and physically fit to discharge the responsibilities of the office.

The requirement that the President be a Muslim reflects the Islamic character of the state as expressed in the Objectives Resolution. The age requirement of 45 years ensures a degree of maturity and experience. The prohibition on holding an office of profit prevents conflicts of interest and ensures independence.

3. Electoral College and its composition

The President of Pakistan is not directly elected by the people. Under Article 41(3), the President is elected by the Electoral College. This makes the presidential election an indirect one, which is consistent with the parliamentary nature of the constitution.

The Electoral College consists of all members of both houses of Parliament, meaning the National Assembly and the Senate, along with all members of the four provincial assemblies. This broad composition ensures that the President has legitimacy across the federation, representing not just the federal legislature but the provinces as well.

4. Procedure for election of the President

The election process is detailed and carefully structured to ensure fairness and transparency.

Conduct of elections

The Chief Election Commissioner is responsible for holding and conducting the presidential election. The Commissioner acts as the Returning Officer for this purpose and oversees the entire process from nominations to the announcement of results.

Nomination of candidates

On the date fixed for nominations, any member of either house of Parliament may nominate a candidate. The nomination paper must be signed by both a proposer and a seconder, and the candidate must file a certificate of willingness to contest. After scrutiny of all nomination papers, the Chief Election Commissioner announces the names of valid candidates.

Voting procedure

The Speaker summons a joint sitting of both houses of Parliament on the requisition of the Election Commissioner. Voting is conducted by secret ballot. Every member receives a ballot paper and their name is recorded in the counterfoils of the ballot book. Members cast their votes by placing a mark against the name of their preferred candidate.

Counting of votes and result

After the poll closes, votes cast in Parliament are counted separately for each candidate. The votes cast in the provincial assemblies are also counted and then added to the parliamentary votes. To ensure equal weight across assemblies of different sizes, the votes in each provincial assembly are multiplied by the number of seats in the smallest assembly and then divided by the number of seats in the assembly concerned. The candidate who secures a simple majority of the total votes counted is declared elected as President.

5. Oath of office

Before entering office, the President-elect must take the oath of office. This oath is administered by the Chief Justice of Pakistan. The oath commits the President to faithfully discharging the duties of the office and to preserving, protecting, and defending the Constitution of Pakistan.

6. Conditions of the President’s office

The constitution places two important restrictions on the President to preserve the independence and dignity of the office. First, the President cannot hold any office of profit in the service of Pakistan or occupy any other position that carries remuneration for services rendered. This ensures that the President’s attention is not divided and that no conflict of interest can arise.

Second, the President cannot be a candidate for election as a member of Parliament or any provincial assembly while in office. If a sitting member of Parliament or a provincial assembly is elected President, their seat in that assembly becomes vacant on the day they enter the presidential office. The constitution thus requires a clean separation between the executive head of state and the legislative function.

7. Term of office

The President holds office for a term of five years from the date of entering office. A person who has served as President is eligible for re-election, but the constitution places a clear limit: no person can hold the office of President for more than two consecutive terms. This prevents the concentration of power in a single individual over an extended period and is an important democratic safeguard.

The President may resign before completing the term. Resignation must be in writing and addressed to the Speaker of the National Assembly. It takes effect from the moment it is received.

8. Grounds for impeachment

The President of Pakistan can be removed from office through the process of impeachment. The constitution recognises four grounds on which impeachment may be initiated. These are physical incapacity to perform the functions of office, mental incapacity, violation of the constitution, and gross misconduct. The grounds are serious and are intended to be used only in genuine cases of presidential failure or wrongdoing, not as a routine political tool.

9. Procedure of impeachment

The impeachment process is designed to be thorough and fair, giving the President a full opportunity to respond to the allegations before any decision is taken.

The process begins when not less than half the total membership of either house of Parliament sends a written notice to the Speaker of the National Assembly or the Chairman of the Senate. This notice must set out the specific allegations against the President. A copy of the notice along with the list of allegations is simultaneously sent to the President.

Upon receiving the notice, the Speaker summons a joint sitting of both houses of Parliament to be held within seven to fourteen days. The President is given a full opportunity to appear before the joint sitting and defend themselves against the allegations. This right to be heard is an important constitutional protection.

After hearing the President’s defence, the joint sitting votes on the resolution. If two-thirds of the total membership of both houses vote in favour of the resolution, the President ceases to hold office immediately upon the passing of the resolution. The two-thirds majority requirement is a high threshold and ensures that impeachment cannot be used lightly.

10. Acting President

When the office of President falls vacant due to death, resignation, removal, illness, leave, or a foreign tour, the Chairman of the Senate assumes the role of Acting President. If the Chairman of the Senate is also unavailable, the Speaker of the National Assembly performs the duties of Acting President. This arrangement ensures that the constitutional office is never left vacant and that continuity of state is maintained at all times.

11. Past exam questions and answers