ASSIGNMENT NO: 01

TOPIC: HEAD OF STATE IN CONSTITUTION

SUBMITTED TO: DR. RUKHSAR AHMED

GROUP MEMBERS
 GROUP LEADER
 SEHRISH SHAHID (0195)
 MEMBERS
 SARA IMRAN (0192)
 SAANIA KANWAL (0212)
 SEHRISH NAEEM (0206)
 MEHTAB GUL
 FAZILA (0198)
INTRODUCTION
 It was through the constitution of Pakistan 1973 that the
parliamentary system of government was introduced in
Pakistan

 This parliamentary system of government has been modified

several times since its inception

 In the existing parliamentary system of government, president

of Pakistan is considered ceremonial head of state
RELEVANT PROVISIONS
 Articles 41, 43, 44, 47 and 49 of 1973 constitution of
Pakistan deal with the qualification, election, office
and impeachment of president

 ARTICLE 41:
Under article 41 there shall be a president of Pakistan
who shall be the head of state and shall represent the
unity of republic
QUALIFICATION OF
PRESIDENT
 Under article 41 of the constitution a person shall be
qualified for election as a president unless he is a
Muslim or not less than forty five years of age and is
qualified to be elected as member of national
assembly
 Under article 43 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
PRESIDENTIAL ELECTION

Under article 41.3 the president is elected in

accordance with the provisions of the second
schedule by the members of an electoral college
consisting of the members of both chambers and the
members of provisional assemblies
PRESIDENT TERM OF OFFICE AND
RE-ELECTION
 Under article 44 the president holds office for a term of five years from the
day he enters office, but not with standing the expiration of his terms,
continues to hold office until his successor enters office
 A person holding office as a president Is eligible for re- election to that
office, but no person may hold that office for more that two consecutive
terms.
 The president’s term coincides with the five year term of the national
assembly but not with the six years terms of the senate.
 The prime minister holds office at the pleasure of the president but latter
only exercise the power to dismiss if he is satisfied that the prime minister
does not command the confidence of majority of the national assembly
REMOVAL OF PRESIDENT
 Under article 47 the president may be removed from the office on the
grounds of physical or mental incapacity or impeached on a charge of
violating the constitution or of gross misconduct
 PROCEDURE OF IMPEACHMENT
not less than one half of the total membership of either chamber may give
to the speaker of national assembly written notice of their intention to
move a resolution of the removal of or impeachment of, the president and
such notice sets out the particular of his incapacity or of the charge against
him. the speaker causes within three days of the receipt notice a copy of
notice is transmitted to the president who the summons the two chambers
to meet in a joint sting not earlier then seven days and not later than 14
days after receipt of the notice. The joint sitting may investigate or cause to
be investigated the or the charge upon with the notice is founded. The
president has right to appear and be represented during the investigation if
any and before the joint sitting
PROCEDURE CONTINUED:

if after consideration of the result of the investigation

a resolution is passed at the joint sitting by the votes
of not less than two third of the total membership of
both chambers declaring that the president is unfit to
hold the office due to incapacity or is guilty of
violating the constitution of gross miss conduct, the
president ceases to hold the office immediately on
passing of the resolution
VACATION OF THE OFFICE OF
PRESIDENT
 Under article 49 in the case office of the president
becomes vacant for any reason. The chairmen of the
senate or if he is unable to perform his function of the
office of the president the speaker of the national
assembly acts as president till such time that a
president is elected. Same is the case when the
president by reason of absence from Pakistan or any
other cause is unable to perform his functions
POWERS OF PRESIDENT
 PRESIDENT APPOINT PRIME MINISTER:
the president appoints from amongst the members of the national assembly
a prime minister who, in his opinion Is most likely to command the
confidence of the majority if its members. The president appoint the other
members of government from amongst parliamentarians
 Eight amendment:
eight amendment under article 58(2)(B) which gives the president the
power to dissolve the national assembly in his discretion where in his
opinion a situation has arisen in which the government of federation can
not be carried on in accordance with the provisions of the constitution and
an appeal to the electorate is necessary. The 13 th which was passed in 1997
revoked this power. In december 2003 the president power was partially
restored by the 17th amendment
Powers continued
 POWER TO DISSOLVE ASSEMBLY:
under article 58 the president dissolves the national assembly if so advised
by the prime minister. The president may also dissolve the national
assembly when in his opinion (1) a vote of no confidence having been
passed against the prime minister no other member of the national
assembly is likely to command the confidence of its majority.
 POWER TO PROCLAIM EMERGENCY:
under article 232 if the president is satisfied that a grave emergency exists
in which the security of the country or any part thereof is threatened by
war or external aggression or by internal disturbance beyond the power of
provincial government to control he may issue a proclamation
ofemergency
Powers continued
 POWER TO GRANT PARDON:
under article 45 of the constitution the president has power to grant pardon
reprieve and respite and to remit, suspend or commute any sentence passed
by any court, tribunal, or other authority.
 POWER OF PRESIDENT TO PROMULGATE
ORDINANCES:
Under article 89 the president has the power to promulgate ordinance only
in case the national assembly and the situation demands immediate and
necessary action. such ordinance has the same force of law as an act passed
by the parliament. The ordinance will stand repealed after months except
when the provincial assembly disapproves the ordinance before the expiry
of three months or the governor withdraws it any time.b
CONCLUSION
 To conclude, it can be stated that there emerged an
apprehension of political conflict between British parliament
and British king/queen after constitutional development
especially with glorious revolution. However such
apprehension vanished with the passage of time due to
effective conventions and influential acts of parliament.
Similarly Pakistan has experienced a kind of political conflict
between president and prime minister. however some of recent
constitution amendments have made prime minister more than
president. These amendments have aimed to finish political
conflict between these two constitutional heads.