PROCEDURE FOR ELECTION OF PRESIDENT

PROCEDURE FOR ELECTION OF PRESIDENT

1. Introduction:

The constitution of 1973 is partly parliamentary and partly presidential in nature. the president of Pakistan runs the business of the state through the Prime Minister. President represent the unity of the Islamic republic Pakistan.

2. Relevant Provisions:

Article 41, 43, 44, 47.

3. The office of president of Pakistan under the constitution of 1973:

According to the constitution of Pakistan 1973 president is the constitutional head of the state. he is merely constitutional head because responsibility for the administration rests with the prime minister.

4. Qualifications for the election to the office:

(a) Muslim:

The candidate for presidency must be a Muslim.

(b) 45 Years of age:

He must not be less than 45 years of age.

(c) Should not hold any office of profit:

He should not hold any office of profit in service of Pakistan.

(d) Qualified to be elected as member of N.A:

He must be a person who is otherwise qualified to be elected as a member of national assembly.

(e) Mentally Fit:

He should be fit mentally and physically.

5. Mode of election:

A president is elected by the
(i) Members of both houses of parliament.
(ii) member of all the provincial assembly.

6. Re-Election:

A person holding offices as president shall be eligible for re-election of the president.

7. Procedure for the election of president:

The president of Pakistan is elected in joint session of parliament. he is elected indirectly now the provincial assemblies have also been include. in the election process of the president.

(a) Nominations of Candidate:

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 propose. the candidate's willingness certificate will also be field. after examination of the nomination papers Chief Election commissioner will announce the name of candidate.

(b) 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 under secret ballot. all members will be given ballot papers and their names will be entered into counter full of the ballot book. the members will cast their votes by putting mark on the ballet papers.

(c) 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 vote in provincial assemblies shall be multiplied separately by the number of seat of smallest assembly and then divided by the number of seats concerned assembly. the result of each candidate is announced on the basis of simple majority by adding the votes in senate and provincial assemblies. the candidate who secured the majority is declared successful.

(d) Other for the office of president:

Before entering into the office the candidate shall take oath for the office of president before Chief Justice of Pakistan.

8. Tenure:

The tenure of the president is five years from the day he enters upon his office.

9. Resign of president:

The president can resign before the completion of tenure. he may resign from office by writing addressed to the speaker.

10. Restrictions:

The presidents shall not hold any office of profit. he shall not be a candidate for election to any assembly and if a member of any assembly is elected as president, his seat shall stand vacant on the day he enters upon his office.

11. Acting President:

If the post of president is vacted by his resignation, dismissal, illness, long leave, or foreign tour then the chairman of the senate will be acting president.

12. Impeachment of president:

An 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 mentally and physically. 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 impeachment along with the list of allegation is sent to the president. on the receipt of the notice speaker, summons the joint session of the parliament within seven to fourteen day and the president is given full opportunity to defend the allegations. after hearing in the parliament of the two third majority of the two houses caste votes in favour of the resolution then president has to leave the post.

13. Grounds for removal of president:

Under the following grounds the president may be removed from his office.
(i) Physical incapacity.
(ii) Mental incapacity.
(iii) Violation of the constitution.
(iv) Gross misconduct.

14. Conclusion:

To conclude I can say that in the constitution of 1973 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.

POWERS AND FUNCTIONS OF PRESIDENT

POWERS AND FUNCTIONS OF PRESIDENT

1. Introduction:

In the constitution of 1973 parliamentary system was introduced in the country. the head of the state is called president. he runs the business of the state through the prime minister.

2. Relevant provisions:

Article 54, 58-2B, 56-1, 58-1, 75, 89, 45, 232-235, 153, 155, 213-221, 101, 92, 91 2(a) 213, 243, 242, 156, 160, 243(a) 243-2.

3. Constitutional position of the president:

The president is only a constitutional head of the state. the constitution declares that the president shall act in accordance with the advice of the prime minister.

4. Powers and functions or duties of president of Pakistan:

I. Legislative powers and functions:

(a) Summoning of parliament:

The president has power to summon either or both houses of parliament in a joint sitting to meet at such time and place as he thinks fit.

(b) Address the parliament:

The president may address either house of the parliament and may require the attendance of all members for the purpose.

(c) Right of speak in parliament:

The president has right to speak in parliament.

(d) Dissolution of national assembly:

The president of Pakistan may dissolve the national assembly at his own discretion:

(e) Promulgation of ordinance:

The president is empowered to promulgate ordinance.

(f)Referendum:

The president is empowered to hold referendum if the there is matter of national importance.

(g) Appointment of care-taker cabinet:

The president is empowered to appoint care-taker cabinet.

II: Judicial powers and functions:

(a) Appointment of Chief Justice of Pakistan:

Chief Justice of Supreme Court of Pakistan is appointed by the president.

(b) Appointment of each judge in the supreme court:

The president appoints each judge in the supreme court of Pakistan.

(c) Appointment of Chief Justice of high court:

Chief Justice of high court is appointed by the president of Pakistan.

(d) Appointment of each judge in high court:

The president makes appointment of each judge in high court.

(e) Additional judges of High court:

The president is empowered to appoint additional judge of high courts.

(f) Determination of salaries of judges:

The president determines and approves the salaries of judges of supreme court.

(g) President's power to grant pardon, etc.

The president can condone or reduce the punishment given by the courts.

(h) Transfer of judges:

The president can transfer the judge of one high court to another high court in the country.

III: Foreign affairs:

(a) Settlement of patters:

The president has the power to settle the foreign affairs.

(b) Appointment of Ambassadors:

The president appoints the ambassadors.

(c) Appointment of representatives in united nation:

The president appoints the representative in united nation.

IV. Executive powers and functions:

(a) Proclamation of emergency:

The president is empowered to proclaim emergency in the country.

(b) Appointment of Governors of Provinces:

President appoints the governors of provinces.

(c) Appointment attorney general of Pakistan:

Attorney general of Pakistan is appointed by president.

(d) Member of national finance commission:

He appoint the member of national finance commission.

(f) Members of council of Islamic ideology:

The president appoints the members of council of Islamic ideology.

(g) Members of council of common interest:

The president appoints the member of council of common interest.

(h) Member of national economic council:

The president appoints the member of national economic council.

V. Military Powers:

(a) Declaration of war:

President of Islamic republic of Pakistan is empowered to declare war.

(b) Settlement of Peace:

President plays an important role in the settlement of peace.

(c) Appointment of Chief of Armed Forces:

Presidents appoints the chief of Army staff, chief of the Chief of navel staff and air force of Pakistan.

(d) Send the Army for the help of other countries:

President can send the army for the help of other countries and in untied nations.

5. Conclusion:

To conclude I can say that; the president of Islamic republic of Pakistan is the constitutional head of the state. he is elected by the joint session of the parliament. he is elected for the period of 5 years. the president runs the business of the state through prime minister. he can dissolve the national assembly.