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The President 41 To 48

The President of Pakistan serves as the ceremonial head of state with limited constitutional powers primarily exercised under the guidance of the Prime Minister. The Constitution outlines the election process, term duration, and procedures for impeachment and vacancy, emphasizing the advisory role of the President. While the President can grant pardons, this power is also exercised on the advice of the Prime Minister, reinforcing the ceremonial nature of the office.

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11 views2 pages

The President 41 To 48

The President of Pakistan serves as the ceremonial head of state with limited constitutional powers primarily exercised under the guidance of the Prime Minister. The Constitution outlines the election process, term duration, and procedures for impeachment and vacancy, emphasizing the advisory role of the President. While the President can grant pardons, this power is also exercised on the advice of the Prime Minister, reinforcing the ceremonial nature of the office.

Uploaded by

Khadija Murtaza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The president : election, powerw and function

The President of Pakistan is the head of state and holds important constitutional powers,
though the office is largely ceremonial with real executive authority vested in the Prime
Minister. Articles 41 to 49 of the Constitution of Pakistan, 1973 lay out the powers, election
process, and other provisions related to the presidency. These articles provide a
comprehensive structure for the election, powers, and functions of the President, along with
the procedures to address matters such as the resignation or impeachment of the President.
Article 41: The President of Pakistan

This article defines the role of the President of Pakistan as the head of state. The President is
elected for a term of five years and serves as the symbol of the unity of the Republic. While
the office is primarily ceremonial, the President does hold certain constitutional powers and
functions under the guidance of the Prime Minister and the Parliament. This article also
outlines the manner in which the President performs his functions, with references to the
advice and decisions made by the Cabinet or Prime Minister.Article 42: Oath of Office
Article 42 Oath of president
It provides the procedure for the oath of office for the President. The President, before taking
office, must swear an oath administered by the Chief Justice of Pakistan. The oath affirms the
President’s allegiance to the Constitution and the commitment to fulfill the responsibilities of
the office with impartiality and integrity.
Article 43: President's Emoluments and Privileges
This article defines the emoluments, allowances, and other privileges that the President is
entitled to. The specifics of these entitlements, which include a salary and benefits, are
determined by Parliament. It also outlines provisions related to the President's official
residence and other perquisites necessary for the office.
Article 44: Term of Office of the President
Article 44 specifies that the term of office of the President is five years. The article also
outlines the procedure in the event of the office being vacated before the completion of the
term. If the office becomes vacant due to the President's resignation, death, or removal, a new
election must be held to elect a new President.
Article 45: Power to Grant Pardons, Reprieves, etc.
Article 45 grants the President the power to grant pardons, reprieves, respites, or to commute
sentences of individuals convicted of crimes. However, the President exercises this power on
the advice of the Prime Minister, making it a largely advisory and ceremonial function.

Article 46: President’s Powers Regarding Cabinet and


Prime Minister
Article 46 refers to the President’s powers in relation to the Cabinet and the Prime Minister.
This includes the President’s duty to act on the advice of the Prime Minister and the Cabinet,
except in specific matters where the Constitution requires the President to act in his own
discretion. The article reinforces the advisory role of the Prime Minister in the day-to-day
functioning of the governmen
Article 47: Procedure for Impeachment of the President
Article 47 establishes the procedure for the impeachment of the President. This can occur if
the President is found guilty of violating the Constitution or being incapable of performing
the duties of the office. The process involves a resolution passed by a majority in both the
National Assembly and the Senate, followed by an investigation and trial by the Supreme
Court of Pakistan. If the President is found guilty, he may be removed from office.

Article 48: President’s Powers to Act on Advice


Article 48 emphasizes the advisory nature of the President’s powers. According to this
article, the President must act in accordance with the advice of the Prime Minister and the
Cabinet, except in cases where the President is required to act in his discretion. The article
sets out that when the President receives advice from the Prime Minister, he must comply
with it unless the Constitution provides otherwise.

Article 49: Vacancy in the Office of President


Article 49 addresses the situation when there is a vacancy in the office of the President. It
provides for the Vice-President or any other person appointed by the Parliament to perform
the functions of the office in case of a vacancy. The article specifies that a new President
must be elected as soon as possible, and the process of electing a new President is governed
by the rules established in the Constitution.
Summary of Powers and Role of the President (Articles 41-49):
1. Ceremonial Head of State: The President represents the unity of the country but holds
primarily ceremonial functions, with executive powers being vested in the Prime
Minister and the Cabinet.
2. Term of Office: The President’s term is five years, and the office may become vacant
under specific circumstances like death, resignation, or removal.
3. Pardoning Power: The President has the constitutional power to grant pardons,
reprieves, or commute sentences, but this is exercised on the advice of the Prime
Minister.
4. Discretionary Powers: The President may act in his discretion on certain matters,
though in most cases, he must act on the advice of the Prime Minister and the Cabinet.
5. Impeachment: The President can be impeached if found guilty of violating the
Constitution. The impeachment process is initiated by the National Assembly and
Senate and involves a trial in the Supreme Court.
6. Vacancy in Office: In the event of a vacancy, the Vice-President or another appointed
individual assumes the responsibilities until a new President is elected
Conclusion:
In the Constitution of Pakistan, 1973, the President's powers are defined within a largely
ceremonial framework where real executive authority is vested in the Prime Minister.
However, the office of the President holds significant symbolic importance as the head of
state. Articles 41 to 49 lay out the election process, powers, and procedures related to the
President's office, ensuring the smooth functioning of the state's highest office while
maintaining a balance of power with the executive branch of government.

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