INTRODUCTION
The constitution of 1973 is partly parliamentary and partly presidential in nature. The president is a symbol of the unity of Pakistan He is elected by the Provincial Assemblies as well as the National Assembly.
The president is constitutionally required to act on the advice of the Prime Minister’s cabinet, but such advice ought not to be loaded with a perception of dominance and veto power. If the president counsels the Prime Minister or the cabinet, his counselling is entitled to weight.
RELEVANT PROVISIONS
Articles 41 43, 44, 47 and 49 of the 1973 Constitution of the Islamic Republic of Pakistan deal with the Qualification, election office and impeachment of the president.
THE OFFICE OF THE PRESIDENT OF PAKISTAN
According to the 1973 Constitution of Pakistan, President is the constitutional Head of the State and represents the unity of the Republic. He is merely a constitutional head because responsibility for administration rests with the prime minister.
QUALIFICATIONS FOR THE ELECTION AS PRESIDENT
According to the Article 41(2) following are the qualifications of the president of Pakistan;
- The president of Pakistan.must be a citizen of Pakistan.
- The candidate for presidency must be a Muslim by Faith.
- He must not be less than 45 years of age.
- He should not hold any office of profit in service of Pakistan
- He must be the person who is otherwise qualified to be elected as a member of the National Assembly
- He should be fit mentally and physically.
MODE OF ELECTION OF THE PRESIDENT
Following is the method of election of the president of Pakistan.
Electoral College: According to Article 41(3) the President shall be elected by the members of the Electoral College.
Composition of Electoral College: The members of the Electoral College are the following: A president shall be elected by the
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- members of both houses of Parliament
- members of all the provincial assembly
PROCEDURE FOR THE ELECTION OF PRESIDENT
The election process for the president is as follows.
1. Conduct of Eections
The Chief Election Commissioner shall hold and conduct election to the office of president and shall be the Returning Officer for such election.
2. 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.
3. Fix the Time and Place
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.
4. Nominations of Candidates
On the fixed day any member of any house shall nominate a candidate and will inform the nomination. The nomination papers will be signed by the proposer and seconder The candidate’s willingness certificate will also be filed After the Examination of the Nomination papers, Chief Election Commissioner will announce the name of the candidate.
5. 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 by secret ballot All members will be given ballot papers and their names will be entered into counter fails of the ballot book The members will cast their votes by putting marks on the ballot papers.
6. Counting of Votes
After the polls, the votes in favour of different candidates by the parliament will be counted and the votes polled in provincial Assemblies in favour of each candidate 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 each candidate is announced on the basis of a simple majority by adding the votes in Senate and provincial assembles The candidate who secured the majority is declared successful.
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OATH FOR THE OFFICE OF PRESIDENT
Before entering into the office the successful candidate shall take oath for the office of president before the Chief Justice of Pakistan.
CONDITIONS OF THE PRESIDENT’S OFFICE
President shall not hold any office of profit: The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the night to remuneration for the rendering of services.
The President shall not be a candidate for election as a Member of Parliament or a Provincial Assembly: The President shall not be a candidate for election as a member of [Majlis-e-Shoora (Parlament)) or a Provincial Assembly, and if a member of [Majlis-e-Shoora (Parlamenti) or a Provincial Assembly is elected as President. his seat in [Majlis Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters his office.
TERM OF OFFICE OF PRESIDENT
The tenure of the president is Five Years from the day he enters his office.
A person holding office, as president shall be eligible for re-election of the president but no person shall hold that office for more than two consecutive terms.
The president can resign before the completion of the tenure. He may resign from office by writing addressed to the speaker.
IMPEACHMENT OF PRESIDENT
Under the following grounds, the president may be removed from his office.
- Physical incapacity
- Mental incapacity
- Guilty of Violation of the constitution
- On account of gross misconduct
PROCEDURE OF IMPEACHMENT OF 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 any 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, the speaker summons the joint session of the parliament within seven to fourteen days and the president is given full opportunity to defend the allegations.
After hearing in the parliament of the two-thirds majority of the two houses, caste votes in favour of the resolution then the President shall cease to hold office immediately on the passing of the resolution.
ACTING PRESIDENT
If the post of president is vacated by reason of his death, resignation, dismissal illness long leave, or foreign tour then the chairman of the Senate or speaker of the National Assembly will be acting president.
SALARY OF PRESIDENT
According to President’s Salary, Allowances and Privileges (Amendment) Act, 2018.
The salary of the president increases to Rs. 846,550 (Rupees eight hundred forty-six thousand five hundred and fifty only).
CONCLUSION
It is concluded that in the 1973 Constitution parliamentary system of government was introduced in the country President is the head of the state He is elected by the parliament so his election is indirect. His tenure of office is Five years but he can resign from his office.
The procedure of his election is difficult and complicated The president of Pakistan can be impeached from his office if a resolution has passed in a joint sitting and he has been declared as physically or mentally unsound or guilty of a violation of the constitution or on account of gross misconduct.
FAQs
How the president of Pakistan is elected and removed/impeached under articles 41 and 47 of the Constitution of the Islamic Republic of Pakistan, 1973.
(2019-A, 2016-A)
Discuss the election and impeachment procedure of the President of Pakistan provided by the Constitution of Pakistan, 1973.
(2018-A, 2015-A)
How the President is removed or impeached from the office under 973 Constitution?
(2017-A)
Is President an integral part of Pakistan’s Parliament? Enumerate the terms and conditions for the appointment to President’s office.
(2013-S)
Can the President be removed? Discuss the impeachment procedure of the President.
(2012-S)
What do you understand by Electoral College for the Election of the president as envisaged under the constitution of Pakistan? Discuss the powers of the president regarding a pardon.
(2010-A)
