President of Pakistan

Politics of Pakistan
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The President of Pakistan (

The official residence and principal workplace of the president is Aiwan-e-Sadr— the presidential palace located in northeastern Islamabad. The presidency forms the vital institutional organ of state and is part of the bicameral Parliament.^[10]

Powers to exercise the authority are limited to the

There shall be a President of Pakistan who shall be the

Head of State and shall represent the "unity of the Republic."

— Article 41 in Chapter 1: The President of Part III: The Federation of Pakistan in the Constitution of Pakistan, source^[19]

Legislative Powers

• According to Article 50 of the Constitution the Parliament of Pakistan consists of the President and two Houses known as the National Assembly and the Senate.

• The President shall assent to a Bill within ten days after it has been presented to him for assent.if the President fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period.When the President has assented or is deemed to have assented to a Bill, it shall become law and be called Act of Parliament.

• He can prorogue and summon sessions of Parliament both National Assembly and Senate.
• The President may address either House or both Houses of Parliament jointly and may for that purpose oblige the attendance of the Members.

• The President may refer back to Parliament for revision any law or any of its provisions which has come to him for signature after the approval of Parliament.

• The President has the right to speak in parliament.

• The President may send a message about a Bill pending in the parliament. The House to which the message is sent shall take into consideration the matter of the message as soon as possible.

• He can dissolve National Assembly on advice of Prime Minister. President may dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.

• He can promulgate ordinances when he is satisfied that Parliament is not in session on advice of cabinet or Prime Minister.

• He can summons a joint sitting of National Assembly and Senate.

• He also assents Federal Finance bill passed by Parliament.

• He also assents constitutional amendment bills passed by Parliament.

Executive Powers

• He is constitutional and ceremonial Head of State. All executive powers are exercised by Federal Government consisting of Prime Minister and Federal cabinet on his behalf. He is bound to act on advice of Prime Minister or cabinet. He can act in his discretion where constitution allows him to do that things in his discretion.
• The duties of President under their oath is to protect, defend and preserve the constitution and the law.
• The President shall appoint Federal Ministers and Ministers of the State from amongst the members of Parliament on the advice of the Prime Minister.
• President appoints Advisers on advice of Prime Minister.
• He also appoints care taker Prime Minister and care taker Federal cabinet on advice of care taker Prime Minister.
• President appoints the Governors of Provinces on advice of Prime Minister.
• He appoints Chief Election Commissioner and members of Election Commission of Pakistan after consultation with Prime Minister and Leader of opposition.
• He can remove Prime Minister in his discretion when he invites Prime minister to get confidence vote and Prime Minister is failed to obtain confidence vote from National Assembly.
• 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).
• He receives credentials of foreign Ambassadors and High Commissioners.
• It is also the power of the President to assign rights to ambassadors sent to different countries and to host different heads of state visiting the country.
• He take oath from Prime Minister,Federal Ministers,Ministers of State, Advisers and also from Care taker Prime Minister and Care taker cabinet.
• The functions of the cabinet and the Prime Minister shall to be aid and advice the President.
• The President of Pakistan may cause the issue to be referred to as a referendum in the form of a question that is capable of holding a referendum on advice of Prime Minister.
• He has authority to promulgate orders on advice of Prime Minister or respective ministeries and departments.
• He also takes oath from Chairmen and heads of different organizations like Chairman Federal Public Service Commission and Federal Ombudsman.
• When the President dissolves the National Assembly, he is bound to fix a date, not later than 90 days from the date of such dissolution for the holding of the general elections to the Assembly.
• When the National Assembly is dissolved for any reason or completes its constitutional term, the President conducts general elections under his supervision.

Judicial Powers

• He can appoint Chief Justice of Supreme Court and Chief Justices of High Courts of Provinces and Islamabad High Court.
• He can also appoint Judges and adhoc Judges of Supreme Court as well as Judges and Additional Judges of High Courts on recommendations of Judicial Commission of Pakistan.
• He can remove any judge from their position when Supreme Judicial Council recommends President removed that judge after that judge is proven guilty by Supreme Judicial Council.
• The President determines and approves the salaries of Judges of the Supreme Court and High Courts.
• The President of Pakistan may transfer any judge of a High Court from one High Court to another, but no Judge shall be so transferred except with his assent and after discussion by the President with the Chief Justice of Pakistan and the chief Justices of both High courts.
• The President of Pakistan shall have the power to Grant Pardon, acquittal and relief and to remit, postpone or convert any punishment passed by any court, tribunal or other Authority.
• He also appoints Chief Justice and Judges of Federal Shariat Court.
• He can also file reference against any judge of Supreme Court and High Court on advice of cabinet or relevant authority.
• This is the power of the president to refer any law made by parliament to the Islamic ideology council for review and recommendation.
• He also takes oath from Chief Justice of Pakistan and Chief Justice of Islamabad High Court.

Appointing Powers

• He appoints Attorney General on advice of Prime Minister.
• He appoints Auditor General on advice of Prime Minister.
• He appoints Controller General of Accounts on advice of Prime Minister.
• He appoints Advocate General Islamabad on advice of Prime Minister.
• He also appoints members and chairman of Council of Islamic Ideology, Council of Common Interest, and National Economic Council and National Finance Commission.
• He appoints Governor of State Bank of Pakistan.
• He also appoints Federal Ombudsman, Federal Insurance Ombudsman, Federal Tax Ombudsman, Banking Mohtasib Pakistan and Federal Ombudsperson for Women and Workplace.
• As a chancellor of federal public sector universities, he appoints vice chancellors of that universities.
• He also appoints Chairman and members of Federal Public Service Commission

Military Powers

• He is Supreme Commander of Armed forces of the country.
• He appoints Chief of Army Staff, Chief of Naval Staff, Chief of Air Staff, and Chairman Joint Chiefs of Staff Committee on advice of Prime Minister.
• The President shall have the power to raise and maintain the Military, naval, and air force of Pakistan and the reserves of such forces.
• The President shall also have the power to determine their salaries and allowances.
• The President shall have the power to grant commission to such forces.
• He can send military troops to other countries and United Nations on advice of Prime Minister.
• He can declare war and peace settlements on advice of Prime Minister.

Emergency Powers

Article 232: Emergency due to war, external or internal disturbance:

• If the president is satisfied that a grave emergency exists in which the security of Pakistan, or any part therefore, is threatened by warfare or external aggression, or by internal trouble and disturbance, beyond the power of a Provincial Government to control, he may issue a proclamation of Emergency.

Article 233: Suspension of Fundamental Rights:

• After the proclamation of Emergency, the president may suspend Articles 15 to 19 and 24 (fundamental rights) through a separate order and this order too is to be laid before the joint sitting of parliament for approval as soon as possible.

Article 234: Emergency due to the breakdown of constitutional machinery:

• Article 234 of the constitution envisages a situation in which constitutional machinery breaks down in a province, as when no political party or coalition has a clear majority in the province to form a government or the law and order situation has deteriorated to an extent that provincial Government cannot, in spite of its majority in the Assembly, function in the province.

Article 235: Financial Emergency:

• Article 235 of the constitution of Pakistan governor the financial emergency. When the economic life, financial stability or credit of the country is threatened, the president, after consultation with the Governor, may issue a proclamation to extend the authority of federation to the giving of direction to any province to observe such principles of financial propriety as is deemed necessary. Even the salaries may be required to be reduced.

President can impose governor rule in any province. He can run provincial government directly.

He can use emergency powers on advice of Prime Minister and cabinet.

From 2000 until 2009, the president was the

Before 18th Amendment[22] to the constitution 2010, President was quite powerful.

He had constitutional authority to choose and appoint Prime Minister in his discretion who got majiorty votes from National Assembly.

Due to Article 58-2(b) he had authority to dissolve National Assembly in his discretion when Government of Federation cannot be carried according to provisions of Constitution. President Zia Ul Haq, Ghulam Ishaq Khan and Farooq Leghari used this constitutional provision to dissolve elected Prime Minister's Government. The President is ceremonial head of state, Prime Minister is head of executive, but this provision made President more powerful than Prime Minister and Prime Minister was made subordinate to President. If there is any misunderstanding or disagreement between President and Prime Minister, President may use these powers to dismiss Prime minister and to dissolve National Assembly. Pakistan's Parliamentary system was changed to Semi Presidential system.

• He had authority to appoint Governors of Provinces in his discretion.
• He had authority to appoint Chief of Army Staff, Chief of Air Staff, Chief of Naval Staff and Chairman Joint Chiefs of Staff committee in his discretion.
• He was chairman of National Security Council, so he had authority to take decisions related to national security and defense.
• He was also Chairman of National Command Authority. He had authority to take decisions related to nuclear weapons and missile technology of country.
• He had authority to appoint Chief Election Commissioner in his discretion he was not bound to consult with Prime Minister and Leader of Opposition.
• He had authority to appoint Caretaker Prime Minister and Caretaker cabinet in his discretion after dissolution of National Assembly and consultation was not required for these appointments.
• He had authority to appoint Judges of Supreme Court and High Court with consultation of Chief Justice of Pakistan he was not bound to appoint judges on recommendations of Judicial Commission of Pakistan.
• He had authority to refer any matter of public importance to public in form of referendum in his discretion.
• He had authority to take decisions related to foreign policy of country. President Zia ul Haq and President Musharraf exercised these powers because they were chief of Army Staff and because of 8th amendment and 17th amendment to the constitution and President Asif Ali Zardari also exercised these powers because he was chairman of Peoples Party as well as President during 2008 to 2013.

Eligibility and selection process

The Constitution of Pakistan sets the principle qualifications that the candidate must meet to be eligible to the office of the president.^[23] A president has to be:

• A
  citizen of Pakistan^[5]
• A Muslim^[23]
• At least 45 years of age^[23]
• Qualified to be elected as member of the National Assembly^[23]

Whenever the

Each elector casts a different number of votes.[26] The general principle is that the total number of votes cast by members of Parliament equals the total number of votes cast by provincial legislators.^[26] Each of the provincial legislatures has an equal number of votes to each other, based on the number of members of the smallest legislature, which is the Balochistan Assembly (65 seats).^[26]

The constitution further states that election to the office of president will not be held earlier than sixty days and not later than thirty days before the expiration of the term of the president in office.^[26]

Election and oath

The president is elected indirectly for a term of five years.^[27] The incumbent president is eligible for re-election to that office, but cannot hold that office for more than two consecutive terms.^[28] The president is required to make and subscribe in the presence of the chief justice—, an oath or affirmation that the president shall protect, preserve and defend the Constitution as follows:

I, (The name of the President-elect), do solemnly swear that I am a

Holy Quran and Sunnah

:

That I will bear true faith and allegiance to Pakistan:

That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:

That I will not allow my personal interest to influence my official conduct or my official decisions:

That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:

That, in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill- will:

And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of Pakistan, except as may be required for the due discharge of my duties as President.

May Allah Almighty help and guide me (Ameen).[29]

Line of succession and removal

Main article:

Line of succession to the President of Pakistan

The Constitution discusses the possibility of an acting president.^[30] Certain office-holders, however, are permitted to stand as presidential candidates in case of vacancy as the constitution does not include a position of vice president:

• The chairman of the Senate of Pakistan
• The speaker of the National Assembly of Pakistan.^[31]

The president may be removed before the expiry of the term through impeachment. The president can be removed for violation of the Constitution of Pakistan.^[32]

The

two-thirds majority.^[33] The notice is sent up to the president, and 14 days later it is taken up for consideration.^[34]

A resolution to impeach the president has to be passed by the

two-thirds majority.^[35] The speaker of the National Assembly then summons the joint session not earlier than seven days.^[36] The president has the right to defend oneself.^[37]

If the resolution is passed by the

two-thirds majority at the joint session declaring that the president is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, then the president shall cease to hold office immediately on the passing of the resolution.^[38]

No president has been impeached. However, the proceedings have been used in 2008 in

an attempt to impeach former president Pervez Musharraf who tendered the resignation after the proceedings above were used.^[39]

List of presidents

Main articles: List of presidents of Pakistan and List of heads of state of Pakistan

Political background

Early origins

From 1947 until 1956, the

Ayub Khan as the first chief martial law administrator

. Khan subsequently dismissed Mirza in order to become the president.

Iskander Mirza

became the 1st President of Pakistan in 1956

The

presidential republic without direct elections. Succumbing to internal and international pressure, however, Khan held a nationwide presidential election in 1965. Khan successfully campaigned against his opponent, Fatima Jinnah

, for a second term, but some have alleged that elections were rigged in favour of Ayub Khan.

Controversy regarding the

PPP gaining a majority of seats in West Pakistan (current-day Pakistan) and the Awami League gaining a majority in East Pakistan

(current-day Bangladesh).

After he was unable to reach a compromise between the PPP and the Awami League, President Yahya Khan invited Nurul Amin of the Pakistan Muslim League to become the prime minister, and also appointed him as the first vice president. The growing instigated violence against Pakistanis in East Pakistan forced President Yahya Khan to use force in order to maintain order there, which further escalated Bengali resistance (1970). Preemptive strikes against India led to another war in 1971, which freed East Pakistan and created Bangladesh.

Taking personal responsibility for the political isolation and devastation of

parliamentary democracy, and reducing presidential powers to that of a ceremonial figurehead

.

Past Interventions

The

died in a plane crash

in 1988.

The

conservative government and President Ghulam Ishaq Khan unsuccessfully tried to dismiss Sharif. After a successful intervention by Supreme Court and Chairman of the Joint Chiefs General Shamim Allam

, President Ghulam Ishaq Khan and Prime Minister Nawaz Sharif tendered resignations in 1993.

Following the

elected Musharraf, and as a result he was, according to the Constitution, "deemed to be elected".^[40]

President Musharraf's repeated unconstitutional intervention resulted in a standoff with the Judiciary, and declared a

constitutional movement eventually resulted in Musharraf's departure. On 22 August 2008, the electoral commission called for presidential nominations to be delivered by 26 August 2008 and for elections to be held on 6 September 2008.^[41][42]

Figurehead overview

After the presidential election held in 2008, Asif Ali Zardari lobbied for constitutional amendment to restore the Constitution as it was in 1973.^{[43][44][45][46]} In 2010, the Parliament unanimously and with a large majority, passed the eighteenth amendment of the constitution. It revoked the presidential powers and changed Pakistan from a semi-presidential system of government to a parliamentary republic, with great hopes of governmental stability in the future.

See also

• Principal Secretary to the President of Pakistan
• Air transports of heads of state and government
• Official state car
• Prime Minister of Pakistan
• Chief Justice of Pakistan
• Chief Justice of the Federal Shariat Court
• Chief of Army Staff of the Pakistan Army
• Constitution of Pakistan
• Foreign Minister of Pakistan
• Finance Minister of Pakistan
• Interior Minister of Pakistan
• Minister of Defence (Pakistan)
• Vice President of Pakistan

Notes

1. ^ See Allegations of rigging in the 2024 Pakistani general election.

References

1. ISBN 8126906723
   .
2. ^ "Govt wants to double president's salary". The Express Tribune. 29 May 2018.
3. ^ "Data" (PDF). www.na.gov.pk. Retrieved 9 June 2020.
4. ^ Article 243(3) Archived 2015-03-21 at the Wayback Machine in Chapter 2: The Armed Forces. Part XII: Miscellaneous in the Constitution of Pakistan.
5. ^ ^{a b} Article 41(1) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
6. ^ "Pakistan moves to roll back presidential powers". Los Angeles Times. 2 April 2010.
7. ^ Article 43(1)–43(2) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
8. ^ Article 46 Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
9. ^ Article 243(2) Archived 2015-03-21 at the Wayback Machine in Chapter 2: The Armed Forces. Part XII: Miscellaneous in the Constitution of Pakistan.
10. ^ Article 50 Archived 2016-02-04 at the Wayback Machine in Chapter 2:The Parliament of Part III: The Federation of Pakistan in the Constitution of Pakistan.
11. ^ Article 46 Archived 2016-02-04 at the Wayback Machine in Chapter 2:The Parliament of Part III: The Federation of Pakistan in the Constitution of Pakistan.
12. ^ Article 54 Archived 2016-02-04 at the Wayback Machine in Chapter 2:The Parliament of Part III: The Federation of Pakistan in the Constitution of Pakistan.
13. ^ Article 56 Archived 2016-02-04 at the Wayback Machine in Chapter 2:The Parliament of Part III: The Federation of Pakistan in the Constitution of Pakistan.
14. ^ Article 243(3) in Chapter 2: The Armed Forces. Part XII: Miscellaneous in the Constitution of Pakistan.
15. ^ Article 175A(3) Archived 2014-07-04 at the Wayback Machine in Chapter 2:The Parliament of Part III: The Federation of Pakistan in the Constitution of Pakistan.
16. ^ Article 177A(1) Archived 2015-05-28 at the Wayback Machine in Chapter 2:The Supreme Court of Pakistan of Part VII in the Constitution of Pakistan
17. ^ Article 45 Archived 2016-02-04 at the Wayback Machine in Chapter 2:The Parliament of Part III: The Federation of Pakistan in the Constitution of Pakistan.
18. ^ Article 248(1) Archived 2014-06-03 at archive.today in Chapter 4:General of Part XII: Miscellaneous in the Constitution of Pakistan.
19. ^ Article 41 Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President of Part III: The Federation of Pakistan in the Constitution of Pakistan
20. ^ Govt. of Pakistan (3 March 2010). "The National Command Authority Act, 2010" (PDF). Islamabad: National Assembly press. National Assembly press. Archived (PDF) from the original on 5 March 2016. Retrieved 6 May 2015.
21. ^ See: The XVIII Amendment to the Constitution of Pakistan.
22. ^ "Constitution (Eighteenth Amendment) Act, 2010". www.pakistani.org. Retrieved 30 December 2023.
23. ^ ^{a b c d} Article 41(2) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
24. ^ Crilly, Rob (10 May 2013). "Pakistan election guide: How does it work?". Telegraph, Pakistan Bureau. Telegraph. Archived from the original on 14 February 2016. Retrieved 18 May 2015.
25. ^ Article 41(3) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President in Part III: The Federation of Pakistan in the Constitution of Pakistan.
26. ^ ^{a b c d e} APP, Associate Press of Pakistan (25 July 2013). "706 Electoral College members to elect 12th President of Pakistan". News International, 2013. News International. Archived from the original on 2 August 2013. Retrieved 18 May 2015.
27. ^ Article 44(1)-(2) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President in Part III: The Federation of Pakistan in the Constitution of Pakistan.
28. ^ Article 44(2) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President in Part III: The Federation of Pakistan in the Constitution of Pakistan.
29. ^ Article 42 in Chapter 1: The President in Part III: The Federation of Pakistan in the Constitution of Pakistan
30. ^ Article 49(1)-(2) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
31. ^ Article 49(1) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
32. ^ Article 47(1)-(2) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
33. ^ ^{a b} Article 47(3) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
34. ^ Article 47(5) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
35. ^ Article 47(6) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
36. ^ Article 47(6) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President of Part III: The Federation of Pakistan in the Constitution of Pakistan.
37. ^ Article 47(7) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
38. ^ Article 47(8) Archived 2016-02-04 at the Wayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
39. Movement to impeach Pervez Musharraf
40. ^ Waldman, Amy (2 January 2004). "Pakistan Gives Musharraf Confidence Vote as President". The New York Times. Archived from the original on 15 May 2013.
41. ^ "Pakistan presidential poll on September 6". Times of India. 22 August 2008.
42. ^ "Pakistan to choose president on 6 September". Radio Netherlands. 22 August 2008. Archived from the original on 24 September 2008.
43. ^ "Pakistan's presidential poll today, Zardari front runner". Times of India. 6 September 2008. Archived from the original on 3 January 2009.
44. ^ "Bhutto's widower set to become Pakistan president". Google News. AFP. 2008. Archived from the original on 9 September 2008. Retrieved 8 January 2014.
45. ^ "Zardari wins Pakistan presidential election: officials". Google News. AFP. 5 September 2008. Archived from the original on 7 July 2009.
46. ^ Perlez, Jane; Masood, Salman (7 September 2008). "Bhutto's Widower Wins Pakistani Presidency". The New York Times. Archived from the original on 22 July 2016.

External links

• President of Pakistan: official website