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Power of president under 1973
constitution
Presented by:
Muhammad Ehsin
Bushra Iram
M.Phill Scholars (GCUF)
Content:
 Qualification
 Election
 Oath of President
 Conditions of President's office
 Term of office of President
 Privileges
 Power of the president
 Qualification:
A person shall not be qualified for election as President
unless he is a Muslim of not less than forty-five years of
age and is qualified to be elected as member of the
National Assembly.
 Election
The President shall be elected in accordance with the
provisions of the Second Schedule by the members of an
electoral college consisting of:
(a) The members of both Houses; and
(b) The members of the Provincial Assemblies.
An election to fill a vacancy in the office of President shall
be held not later than thirty days from the occurrence of the
vacancy.
 Oath of President
Before entering upon office, the
President shall make before the Chief
Justice of Pakistan oath in the form set
out in the Third Schedule.
 Conditions of President's office
(1) The President shall not hold any office of profit in the
service of Pakistan or occupy any other position carrying
the right to remuneration for the rendering of services.
(2) The President shall not be a candidate for election as a
member of Majlis-e-Shoora (Parliament) or a Provincial
Assembly; and, if a member of Majlise-e-Shoora
(Parliament) or a Provincial Assembly is elected as
President, his seat in Majlis-e-Shoora (Parliament) or, as the
case may be, the Provincial Assembly shall become vacant
on the day he enters upon his office.
 Term of office of President
The President shall hold office for a term of five years
from the day he enters upon his office. A person holding
office as President shall be eligible for re-election to that
office, but no person shall hold that office for more than
two consecutive terms.
 Privileges
No criminal proceedings whatsoever can be instituted or
continued in any court against the president in office, nor
in any court authorized for prosecution leading to his
arrest. The president is also exempted from all civil
proceedings in a civil court.
 Power of the president
 President's power to grant pardon:
The President shall have power to grant pardon, reprieve and
respite, and to remit, suspend or commute any sentence passed by
any court, tribunal or other authority.
 President to be kept informed:
It shall be the duty of the Prime Minister:
(a) To communicate to the President all decisions of the cabinet
relating to the administration of the affairs of the Federation and
proposals for legislation;
(b) To furnish such information relating to the administration of the
affairs of the Federation and proposals for legislation as the
President may call for
 Power of President to promulgate Ordinances:
The President may, except when the [Senate or] National
Assembly is in session, if satisfied that circumstances exist
which render it necessary to take immediate action, make and
promulgate an Ordinance as the circumstances may require.
 Executive power
The president is the repository of the supreme executive
authority of the federation which shall be exercised on the
advice of the prime minister and his cabinet.
a) Formation of cabinet
b) Appointments
c) Emergency power
 Legislative role:
The president can summon, prorogue and even dissolve the
national assembly, but the senate cannot be dissolved.
He can dissolved the national assembly on the advice of prime
minister and the national assembly stands dissolved at the
expiration of the forty eight hours after the prime minister has so
advised.
He may address either house or both houses assembled together
and may require the attendance of all members for that purpose.
He can send special message to any of the houses of the
parliament conveying his proposal regarding any bill and the
house is bound to consider it. He can promulgate ordinances
during the period when the national assembly is not in session.
 Approval of the bill:
All the bills passed by the parliament got to the approved
by the president.
After the passage of a bill in both houses of the parliament,
it is sent to the president for his assent.
The president within 30 days shall either assent to the bill
or send it back to the house of its origin for revision.
In case both houses of the parliament again pass that bill in
a joint session by a simple majority vote, the president is
bound to give his approval. Hence, the supremacy of the
parliament has been recognized at least in legislation.
 Judicial power:
The president is fully empowered to grant pardon,
reprieve or clemency. Any action of the president
regarding the use of his constitutional powers cannot be
challenged in any court.
President's power under 1973 constitution

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President's power under 1973 constitution

  • 1.
  • 2. Power of president under 1973 constitution Presented by: Muhammad Ehsin Bushra Iram M.Phill Scholars (GCUF)
  • 3. Content:  Qualification  Election  Oath of President  Conditions of President's office  Term of office of President  Privileges  Power of the president
  • 4.  Qualification: A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly.
  • 5.  Election The President shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of: (a) The members of both Houses; and (b) The members of the Provincial Assemblies. An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy.
  • 6.  Oath of President Before entering upon office, the President shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.
  • 7.  Conditions of President's office (1) The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services. (2) The President shall not be a candidate for election as a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly; and, if a member of Majlise-e-Shoora (Parliament) or a Provincial Assembly is elected as President, his seat in Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.
  • 8.  Term of office of President The President shall hold office for a term of five years from the day he enters upon his office. A person holding office as President shall be eligible for re-election to that office, but no person shall hold that office for more than two consecutive terms.
  • 9.  Privileges No criminal proceedings whatsoever can be instituted or continued in any court against the president in office, nor in any court authorized for prosecution leading to his arrest. The president is also exempted from all civil proceedings in a civil court.
  • 10.  Power of the president  President's power to grant pardon: The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.  President to be kept informed: It shall be the duty of the Prime Minister: (a) To communicate to the President all decisions of the cabinet relating to the administration of the affairs of the Federation and proposals for legislation; (b) To furnish such information relating to the administration of the affairs of the Federation and proposals for legislation as the President may call for
  • 11.  Power of President to promulgate Ordinances: The President may, except when the [Senate or] National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.  Executive power The president is the repository of the supreme executive authority of the federation which shall be exercised on the advice of the prime minister and his cabinet. a) Formation of cabinet b) Appointments c) Emergency power
  • 12.  Legislative role: The president can summon, prorogue and even dissolve the national assembly, but the senate cannot be dissolved. He can dissolved the national assembly on the advice of prime minister and the national assembly stands dissolved at the expiration of the forty eight hours after the prime minister has so advised. He may address either house or both houses assembled together and may require the attendance of all members for that purpose. He can send special message to any of the houses of the parliament conveying his proposal regarding any bill and the house is bound to consider it. He can promulgate ordinances during the period when the national assembly is not in session.
  • 13.  Approval of the bill: All the bills passed by the parliament got to the approved by the president. After the passage of a bill in both houses of the parliament, it is sent to the president for his assent. The president within 30 days shall either assent to the bill or send it back to the house of its origin for revision. In case both houses of the parliament again pass that bill in a joint session by a simple majority vote, the president is bound to give his approval. Hence, the supremacy of the parliament has been recognized at least in legislation.
  • 14.  Judicial power: The president is fully empowered to grant pardon, reprieve or clemency. Any action of the president regarding the use of his constitutional powers cannot be challenged in any court.