Friday, 14 August 2020

Election and Impeachment of President in Pakistan - Constitutional law notes LLB

Election and Impeachment of President in Pakistan - Constitutional law notes LLB

1) Preface

The constitution of Pakistan 1973 is partly parliamentary and partly presidential in its
nature. The president of Pakistan runs the business of the state while the prime
minister represents the unity of the Islamic Republic of Pakistan. In the existing
parliamentary system of government, President of Pakistan is considered the ceremonial
head of the state

2) office of the president of Pakistan under the constitution of 1973

According to the constitution of Pakistan 1973, the president is the constitutional head of
the state. He is the only constitutional head because responsibility for administration is in
the hands of prime minister.

3. Relay Article

Relay Article constitution of Pakistan 41,43,44,47

4) Qualifications for the election of the president

Following are the qualifications of the office of president. Details are as under.
1. Muslim
The candidate for the post of the president must be a Muslim by faith.
2. Citizenship
The candidate for the post of the president must be a citizen of Pakistan.
3. Age
4. The candidate for the post of the president must not be less than 45 years of age.
5. Office of profit
The candidate for the post of the president should not hold any office of profit in Pakistan
6. Mentally and physically fit
The candidate for the post of the president must be mentally and physically fit.
7. Qualified to be elected as a member of N.A
The candidate for the post of president is a person who should be qualified to be
elected as a member of the National Assembly.

5) Mode of election

Under the constitution of Pakistan 1973, a president is elected by the
Members of both houses of Parliament (Senate and national assembly)
Members of all the provincial assembly
6) Re-election
Under the constitution of Pakistan 1973, a person holding office as president shall be
eligible for the re-election of the president.

7) Procedure for the election of the president

The president of Pakistan is elected in a joint session of Parliament but now provincial
assemblies
have also been included in the election procedure of the president.
1) Nomination of candidate
On the fixed day any member of any houses will nominate a candidate and will inform
to the chairman about the nomination. The nominations paper will be signed by the proposer.
The candidate’s willingness certificate will also be filled. After examination of the
nomination papers chief election commissioner will announce the name of the candidate.
2) Voting in Parliament
The speaker will summons the joint sitting of Parliament’s two houses on the request 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 a mark on the ballot papers.
3) Counting of votes
After the voting process, parliament will count the votes cast in provincial assemblies in
favour of each candidate after completion of counting the result of each candidate is
announced on the basis of a simple majority by adding the votes of parliament. The
candidate who secures the majority is declared successful.
4) Oath for the office of president
Before entering into office the candidate shall take oath for the office of the president
before the chief justice of Pakistan.

8) Term of office

Under the constitution of Pakistan 1973, tenure of the office of president is five years
from onward when he enters his office.

9) Resign of president

Under the constitution of Pakistan 1973, the president can resign before the completion
of the tenure of his office. He can resign from office by writing addressed to the
speaker.

10) Restrictions

Under the constitution of Pakistan 1973, the president will not hold any office of profit.
President shall not remain a candidate of an assembly if he is elected as president, his
seat from assembly automatically will be vacant on the day he enters in his office.

11) Acting president

Under the constitution of Pakistan 1973, if the post of the president gets vacant after his
resignation, dismissal, illness, long leave or due to foreign tour, in this case, the chairman
of the senate will be acting president of Pakistan.

12) Impeachment of the president

Impeachment can be moved in the parliament when there is an allegation of
violation of the constitution or corruption,
or he becomes unable to perform his duties due to mentally and physically unfitness.
According to the procedure, no less than one-half members of each house 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, summon the joint session of the parliament within
seven to fourteen days and the president is given full opportunity to defend the
allegation.
After hearing in the parliament of the two-third majorities of the two houses
cast votes in favour of the resolution then the president has to leave the post.

13) Ground for removal of the president

Under the following grounds, the president of Pakistan can be removed from his office.
Physical incapacity
Mental incapacity
Violation of the constitution
Gross misconduct

14) Preclude Remarks

To Preclude, we 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 for his election is difficult and complicated.

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