Comparative Study of powers President of Pakistan, US President with Kingship in Saudi Arabia

1. Power of president under constitution of
Pakistan , us President, and kingship.
L.L.M
BY
DR. SHEIKH MUHAMMAD
ADNAN
Dr. Sheikh Muhammad Adnan

2. COMPOSITION OF PRESIDENCY
• “The aiwan-e-sadr or presidency is the official residence and principal workplace of the president
• Qualification of president
• He should be a Muslim.
• He should not be less than forty five year of age.
• He should be qualified to be elected as a member of the national assembly.
• Electoral college the president of Pakistan is chosen by an electoral college consists of the senate, the national assembly
of Pakistan, and the provincial assemblies of the four provinces.
• Term of office of president
• The president shall hold office for a term five year from the day of enters upon his office provided that the president
shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
President of Pakistan”
Dr. Sheikh Muhammad Adnan

3. PRESIDENTIAL POWERS
• Authorities of president: the president in the present constitution is
constitutional head of the state. The executive authority of the federation is to be
exercised in his name. The most important power which has been given to the
president in the constitution is the power of proclamation of emergency. He can
also assure himself, or direct the governor of the province to assume on his
behalf the control of all or any of the functions of the government of a provision
of the province cannot be carried on in accordance with the provision of the
constitution.
Dr. Sheikh Muhammad Adnan

4. 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.
Dr. Sheikh Muhammad Adnan

5. PRESIDENT TO ACT ON ADVICE
• In the exercise of his functions, the president shall act [on
and] in accordance with the advice of the cabinet [or the
prime minister]
Dr. Sheikh Muhammad Adnan

6. CHAIRMAN OR SPEAKER TO ACT
AS, OR PERFORM FUNCTIONS OF,
PRESIDENT.
If the office of president becomes vacant by reason of death, resignation or
removal of the president the chairman or, if he is unable to perform the
functions of the office of president, the speaker of the national assembly shall
act as president until a president is elected in accordance with clause (3) of
article 4.
When the president, by reason of absence from Pakistan or any other cause, is
unable to perform his functions, the chairman or, if he too is absent or unable
to perform the functions of the office of president, the speaker of the national
assembly shall perform the functions of president until the president returns to
Pakistan or, as the case may be, resumes his functions.
Dr. Sheikh Muhammad Adnan

7. REMOVAL [OR
IMPEACHMENT] OF PRESIDENT.
Notwithstanding anything contained in the constitution, the president may,
in accordance with the provisions of this article, be removed from office
on the ground of physical or mental incapacity or impeached on a charge
of violating the constitution or gross misconduct. When the president, by
reason of absence from Pakistan or any other cause, is unable to perform
his functions, the chairman or, if he too is absent or unable to perform the
functions of the office of president, the speaker of the national assembly
shall perform the functions of president until the president returns to
Pakistan or, as the case may be, resumes his functions.
Dr. Sheikh Muhammad Adnan

8. REMOVAL [OR
IMPEACHMENT] OF PRESIDENT.
Not less than one-half of the total membership of either house may give to
the speaker of the national assembly or, as the case may be, the chairman
written notice of its intention to move a resolution for the removal of, or,
as the case may be, to impeach, the president; and such notice shall set out
the particulars of his incapacity or of the charge against him.
Dr. Sheikh Muhammad Adnan

9. 8TH AMENDMENT.
The 8th constitutional amendment, however, altered the form of the
constitution drastically.
Passed by the senate on November 14, 1985, the eight amendment
affected almost 19 clauses of the constitution and brought the office of the
president of Pakistan almost at power.
Dr. Sheikh Muhammad Adnan

10. 8TH AMENDMENT.
The president was given the right to nominate the prime minister,
governors of the provinces, and judges of the high court and supreme
court, including the chief justice. • The most controversial power awarded
to the office of the president was under the article 58(2) b, which was the
power of dissolution of the national assembly at his own discretion.
Dr. Sheikh Muhammad Adnan

11. 8TH AMENDMENT.
After the passing of article 58(2) b, the national assemblies
were dissolved on four occasions using its powers. • The
dissolution of the assembly by president Zia-ul-haq in 1988,
president Glulam Ishaq khan in 1990 and in 1993, and
president Farooq Leghari in 1996.
Dr. Sheikh Muhammad Adnan

12. 18TH AMENDMENT.
President to be kept informed:
The prime minister shall keep the president informed on all matters of
internal and foreign policy and on all legislative proposals the federal
government intends to bring before majlis-e-shoora (parliament)."
Where the president dissolves the national assembly, notwithstanding
anything contained in clause (1)
Dr. Sheikh Muhammad Adnan

13. 18TH AMENDMENT.
Dissolution of the national assembly:
the president shall dissolve the national assembly if so advised by the prime
minister; and the national assembly shall, unless sooner dissolved, stand
dissolved at the expiration of forty-eight hours after the prime minister has so
advised.
Explanation: reference in this article to "prime minister" shall not be
construed to include reference to a prime minister against whom a notice of a
resolution for a note of no-confidence has been given in the national assembly
but has not been voted upon or against whom such a resolution has been
passed or who is continuing in office after his resignation or after the
dissolution of the national assembly.
Dr. Sheikh Muhammad Adnan

14. POWERS OF US PRESIDENT
• The constitution explicitly assigns the president the power to sign or
veto legislation, command the armed forces, ask for the written opinion
of their cabinet, convene or adjourn congress, grant reprieves and
pardons, and receive ambassadors.
Dr. Sheikh Muhammad Adnan

15. POWERS OF US PRESIDENT
The president is both the head of state and head of government of the united states of america, and
commander-in-chief of the armed forces.
Under article ii of the constitution, the president is responsible for the execution and enforcement of the
laws created by congress. Fifteen executive departments — each led by an appointed member of the
president’s cabinet — carry out the day-to-day administration of the federal government. They are joined
in this by other executive agencies such as the CIA and environmental protection agency, the heads of
which are not part of the cabinet, but who are under the full authority of the president. The president also
appoints the heads of more than 50 independent federal commissions, such as the federal reserve board or
the securities and exchange commission, as well as federal judges, ambassadors, and other federal offices.
The executive office of the president (EOP) consists of the immediate staff to the president, along with
entities such as the office of management and budget and the office of the united states trade
representative.
The president has the power either to sign legislation into law or to veto bills enacted by congress,
although congress may override a veto with a two-thirds vote of both houses. .
Dr. Sheikh Muhammad Adnan

16. POWERS OF KING
The king holds almost absolute political power. The king appoints
ministers to his cabinet who supervise their respective ministries in his
name. The key ministries of defense, the interior and foreign affairs are
usually held by members of the Saud family, as are most of the thirteen
regional governorships.
Dr. Sheikh Muhammad Adnan

17. Q & A
Dr. Sheikh Muhammad Adnan