The document summarizes the powers of the President of Pakistan under the 1973 constitution. It outlines that the President must be a Muslim over 45 years old. They are elected by the national and provincial assemblies and must take an oath before the Chief Justice. The President cannot hold any other office or position while in office. Their 5-year term is renewable once. The President has powers related to pardoning criminals, promulgating ordinances, appointing the Prime Minister and cabinet, and dissolving the National Assembly. All bills must be signed into law by the President.
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.