QLC THE CONSTITUTION OF

ISLAMIC REPUBLIC OF PAKISTAN, 1973

LLB – II
IMPEACHMENT OF PRESIDENT OF PAKISTAN

INTRODUCTION

PRESIDENT AS HEAD OF STATE

i. “President to Represent Unity of Republic”

ii. Non Political President
iii. As Head of State

RELEVANT PROVISION

Article 47

PRESIDENT MAY BE REMOVED

By the rules given in Art 47

1999 SCMR 1598

Procedure prescribed in Art. 47 of the Constitution for removal of the President,
could not be enforced through Court proceedings --- Just for the reason that the Court
had struck down any action of the President partially or wholly on the ground that
same was not in accordance with the provisions of the Constitution, it could not be
held that the President was guilty of the charge of violating the Constitution.

GROUNDS FOR REMOVAL

a) physical incapacity
b) Mental incapacity
c) Violation of constitution
d) Gross misconduct

PROCEDURE

1. Notice To Move Resolution

a) Notice shall be given to speaker

b) By not less than one and half membership
c) From either house

2. Particulars Of Notice

Notice shall set out grounds and details of

a) Incapacity
b) Violation of constitution or
c) Gross misconduct is claimed

3. In Case Of Notice By Senate

QLC THE CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN, 1973
LLB – II
IMPEACHMENT OF PRESIDENT OF PAKISTAN

Chairman senate shall transfer the notice to speaker

4. Copy Of Notice To Be Sent To President

With in 3 days of receipt of notice

5. Summoning Of Joint Session

i. By speaker
ii. Not before 7 days
iii. Not after 14 days
iv. Receipt of Notice

6. Investigation By Joint Sitting

7. President’s Right to appear

8. Right to be represented

9. Consideration Of Result

10. Resolution To Be Passed

REMOVAL OF PRESIDENT

a) If resolution is passed by 2/3 majority

b) Total membership of both houses of Parliament
c) In a joint sitting
d) President is unfit to hold the office
e) President shall ceases to hold office immediately after passing
resolution

SOLE AUTHORITY TO IMPEACH

The Constitution has given this power to Parliament so Courts in no way has
any authority to impeach the President. Unlike US impeachment process where CJ of
Supreme Court presides the trial proceedings of President in Senate.

CONCLUSION