Q. Write a comprehensive note on the powers and position of president of Pakistan under the constitution of Pakistan 1973?

(1994/A) (1997/S) (2004/S)

1. Introduction:

In the constitution of 1973 parliamentary system was introduced in the country. the head of the state is called president. he runs the business of the state through the prime minister.

2. Relevant provisions:

Article 54, 58-2B, 56-1, 58-1, 75, 89, 45, 232-235, 153, 155, 213-221, 101, 92, 91 2(a) 213, 243, 242, 156, 160, 243(a) 243-2.

3. Constitutional position of the president:

The president is only a constitutional head of the state. the constitution declares that the president shall act in accordance with the advice of the prime minister.

4. Powers and functions or duties of president of Pakistan:

I. Legislative powers and functions:

(a) Summoning of parliament:

The president has power to summon either or both houses of parliament in a joint sitting to meet at such time and place as he thinks fit.

(b) Address the parliament:

The president may address either house of the parliament and may require the attendance of all members for the purpose.

(c) Right of speak in parliament:

The president has right to speak in parliament.

(d) Dissolution of national assembly:

The president of Pakistan may dissolve the national assembly at his own discretion:

(e) Promulgation of ordinance:

The president is empowered to promulgate ordinance.

(f)Referendum:

The president is empowered to hold referendum if the there is matter of national importance.

(g) Appointment of care-taker cabinet:

The president is empowered to appoint care-taker cabinet.

II: Judicial powers and functions:

(a) Appointment of Chief Justice of Pakistan:

Chief Justice of Supreme Court of Pakistan is appointed by the president.

(b) Appointment of each judge in the supreme court:

The president appoints each judge in the supreme court of Pakistan.

(c) Appointment of Chief Justice of high court:

Chief Justice of high court is appointed by the president of Pakistan.

(d) Appointment of each judge in high court:

The president makes appointment of each judge in high court.

(e) Additional judges of High court:

The president is empowered to appoint additional judge of high courts.

(f) Determination of salaries of judges:

The president determines and approves the salaries of judges of supreme court.

(g) President's power to grant pardon, etc.

The president can condone or reduce the punishment given by the courts.

(h) Transfer of judges:

The president can transfer the judge of one high court to another high court in the country.

III: Foreign affairs:

(a) Settlement of patters:

The president has the power to settle the foreign affairs.

(b) Appointment of Ambassadors:

The president appoints the ambassadors.

(c) Appointment of representatives in united nation:

The president appoints the representative in united nation.

IV. Executive powers and functions:

(a) Proclamation of emergency:

The president is empowered to proclaim emergency in the country.

(b) Appointment of Governors of Provinces:

President appoints the governors of provinces.

(c) Appointment attorney general of Pakistan:

Attorney general of Pakistan is appointed by president.

(d) Member of national finance commission:

He appoint the member of national finance commission.

(f) Members of council of Islamic ideology:

The president appoints the members of council of Islamic ideology.

(g) Members of council of common interest:

The president appoints the member of council of common interest.

(h) Member of national economic council:

The president appoints the member of national economic council.

V. Military Powers:

(a) Declaration of war:

President of Islamic republic of Pakistan is empowered to declare war.

(b) Settlement of Peace:

President plays an important role in the settlement of peace.

(c) Appointment of Chief of Armed Forces:

Presidents appoints the chief of Army staff, chief of the Chief of navel staff and air force of Pakistan.

(d) Send the Army for the help of other countries:

President can send the army for the help of other countries and in untied nations.

5. Conclusion:

To conclude I can say that; the president of Islamic republic of Pakistan is the constitutional head of the state. he is elected by the joint session of the parliament. he is elected for the period of 5 years. the president runs the business of the state through prime minister. he can dissolve the national assembly.