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vustudents
08-11-2012, 09:35 PM
Q. What are the Qualifications for election to the office of president what is the procedure for his election? (1998/A)
Q. Describe the procedure prescribed in the constitution for electing the president of Pakistan? (2001/A)
Q. What is the procedure for electing the president of Pakistan under the constitution? (2004/A) (2002/S)
1. Introduction:
The constitution of 1973 is partly parliamentary and partly presidential in nature. the president of Pakistan runs the business of the state through the Prime Minister. President represent the unity of the Islamic republic Pakistan.
2. Relevant Provisions:
Article 41, 43, 44, 47.
3. The office of president of Pakistan under the constitution of 1973:
According to the constitution of Pakistan 1973 president is the constitutional head of the state. he is merely constitutional head because responsibility for the administration rests with the prime minister.
4. Qualifications for the election to the office:
(a) Muslim:
The candidate for presidency must be a Muslim.
(b) 45 Years of age:
He must not be less than 45 years of age.
(c) Should not hold any office of profit:
He should not hold any office of profit in service of Pakistan.
(d) Qualified to be elected as member of N.A:
He must be a person who is otherwise qualified to be elected as a member of national assembly.
(e) Mentally Fit:
He should be fit mentally and physically.
5. Mode of election:
A president is elected by the
(i) Members of both houses of parliament.
(ii) member of all the provincial assembly.
6. Re-Election:
A person holding offices as president shall be eligible for re-election of the president.
7. Procedure for the election of president:
The president of Pakistan is elected in joint session of parliament. he is elected indirectly now the provincial assemblies have also been include. in the election process of the president.
(a) Nominations of Candidate:
On the fixed day any member of any house shall nominate a candidate and will inform the nomination. the nomination papers will be signed by propose. the candidate's willingness certificate will also be field. after examination of the nomination papers Chief Election commissioner will announce the name of candidate.
(b) Voting in parliament:
The Speaker will summons the joint sitting of parliament's two houses on the requisition 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 mark on the ballet papers.
(c) Counting of Votes:
After the polls the votes in favour of different candidates by the parliament will be counted and the votes polled in provincial assemblies in favour of each candidate shall also be added to them. the vote in provincial assemblies shall be multiplied separately by the number of seat of smallest assembly and then divided by the number of seats concerned assembly. the result of each candidate is announced on the basis of simple majority by adding the votes in senate and provincial assemblies. the candidate who secured the majority is declared successful.
(d) Other for the office of president:
Before entering into the office the candidate shall take oath for the office of president before Chief Justice of Pakistan.
8. Tenure:
The tenure of the president is five years from the day he enters upon his office.
9. Resign of president:
The president can resign before the completion of tenure. he may resign from office by writing addressed to the speaker.
10. Restrictions:
The presidents shall not hold any office of profit. he shall not be a candidate for election to any assembly and if a member of any assembly is elected as president, his seat shall stand vacant on the day he enters upon his office.
11. Acting President:
If the post of president is vacted by his resignation, dismissal, illness, long leave, or foreign tour then the chairman of the senate will be acting president.
12. Impeachment of president:
An impeachment can be moved in the parliament when there is an allegation of infringement of the constitution, or corruption, or he becomes unable to perform his duties due to mentally and physically. according to the procedure, no less than one-half members of any two houses 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, summons the joint session of the parliament within seven to fourteen day and the president is given full opportunity to defend the allegations. after hearing in the parliament of the two third majority of the two houses caste votes in favour of the resolution then president has to leave the post.
13. Grounds for removal of president:
Under the following grounds the president may be removed from his office.
(i) Physical incapacity.
(ii) Mental incapacity.
(iii) Violation of the constitution.
(iv) Gross misconduct.
14. Conclusion:
To conclude I 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 of his election is difficult and complicated.