Role of the President The Official Residence and the Workplace of the President is
Aiwan-e-Sadr— the
presidential palace located in northeastern
Islamabad. The presidency forms the vital institutional organ of state and is part of the
bicameral Parliament. Powers to exercise the authority are limited to the
ceremonial figurehead, and required to
address the Parliament to give a direction for
national policies before being informed of its key decisions. In addition, the president is also the
commander-in-chief of the
Pakistan Armed Forces, with
Chairman of the joint chiefs being its chief military adviser to maintain the
civilian control of the Pakistani military. After a thorough confirmation comes from the
Prime minister, the President confirms the
judicial appointments in the national
court system. In addition, the
Constitution allows the president to grant
pardons, reprieves, and clemency in cases recommended to him by the
executive and the
judiciary. The president himself has absolute constitutional immunity from criminal and civil proceedings, and no proceedings can be initiated or continued against him during the term of his office.
Legislative powers • According to Article 50 of the Constitution the Parliament of Pakistan consists of the president and two Houses known as the National Assembly and the Senate. • The president shall assent to a bill within ten days after it has been presented to him for assent. if the president fails to do so he shall be deemed to have assented to the bill at the expiration of the period. When the president has assented or is deemed to have assented to a bill, it shall become law and be called Act of Parliament. • He can prorogue and summon sessions of Parliament both National Assembly and Senate. • The president may address either House or both Houses of Parliament jointly and may for that purpose oblige the attendance of the Members. • The president may refer back to Parliament for revision any law or any of its provisions which has come to him for signature after the approval of Parliament. • The president has the right to speak in parliament. • The president may send a message to Parliament about a Bill pending in the parliament. The House to which the message is sent shall take into consideration the matter of the message as soon as possible. • He can dissolve National Assembly on advice of the prime minister. The president may dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose. • He can promulgate ordinances when he is satisfied that Parliament is not in session on advice of the Cabinet or the prime minister. • He can summons a joint sitting of the National Assembly and Senate. • He also assents the Federal Finance bill passed by Parliament. • He also assents constitutional amendment bills passed by Parliament.
Executive powers • He is the constitutional and ceremonial head of the state. All executive powers are exercised by the federal government consisting of the prime minister and the federal Cabinet on his behalf. He is bound to act on advice of the prime minister or the Cabinet. He can act in his discretion where constitution allows him to do those things in his discretion. • The duties of the
president under their oath is to protect, defend and preserve the constitution and the law. • The
president shall appoint federal ministers and ministers of the state from amongst the members of Parliament on the advice of the prime minister. • President appoints advisers on the advice of the prime minister. • He also appoints caretaker prime ministers and caretaker federal Cabinets on advice of caretaker prime ministers. • President appoints the governors of provinces on advice of the prime minister. • He appoints the chief election commissioner and members of
Election Commission of Pakistan after consultation with the prime minister and the leader of opposition. • He can remove the prime minister in his discretion when the prime minister fails a confidence vote from the National Assembly. • The
prime minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before Majlis-e-Shoora (Parliament). • He receives credentials of foreign ambassadors and high commissioners. • It is also the power of the president to assign rights to ambassadors sent to different countries and to host different heads of state visiting the country. • He takes the oaths from the prime minister, federal ministers, ministers of state, and advisers and also from the caretaker prime minister and the caretaker Cabinet. • The functions of the cabinet and the prime minister shall be aid and advice the president. • The president of Pakistan may cause the issue to be referred to as a referendum in the form of a question that is capable of holding a referendum on advice of prime minister. • He has authority to promulgate orders on advice of the prime minister or respective ministries and departments. • He also takes oath from
chairmen and heads of different organisations like the chairman of the
Federal Public Service Commission and the
federal ombudsman. • When the president dissolves the National Assembly, he is bound to fix a date, not later than 90 days from the date of such dissolution for the holding of the general elections to the Assembly. • When the National Assembly is dissolved for any reason or completes its constitutional term, the president conducts general elections under his supervision.
Judicial powers • He can appoint Chief Justice of Supreme Court on recommendations of an parliamentary committee consisting of members of National Assembly and Senate. Parliamentary Committee send name of selected Chief Justice to Prime Minister and Prime Minister advises President to appoint that Chief Justice to the Supreme Court of Pakistan. • He appoints Chief Justices of High Courts of Provinces and Islamabad High Court. • He can also appoint Judges and ad hoc Judges of Supreme Court as well as Judges and Additional Judges of High Courts on recommendations of Judicial Commission of Pakistan. • He can remove any judge from their position when
Supreme Judicial Council recommends President removed that judge after that judge is proven guilty by Supreme Judicial Council. • The President determines and approves the salaries of Judges of the Supreme Court and High Courts and Federal Constitution Court of Pakistan. • He also appoint chief justice and justices of Federal Constitutional Court of Pakistan. • The President of Pakistan may transfer any judge of a High Court from one High Court to another, on recommendation of Judicial Commission of Pakistan and after discussion by the President with the Chief Justice of Pakistan and the chief Justices of both High courts. • The President of Pakistan shall have the power to Grant Pardon, acquittal and relief and to remit, postpone or convert any punishment passed by any court, tribunal or other Authority. • He also appoints Chief Justice and Judges of Federal Shariat Court. • He can also file reference against any judge of Supreme Court and High Court on advice of cabinet or relevant authority. • This is the power of the president to refer any law made by parliament to the Islamic ideology council for review and recommendation. • He also takes oath from
Chief Justice of Pakistan and Chief Justice of
Islamabad High Court and Chief Justice of Federal Constitution Court of Pakistan.
Appointing powers • He appoints Attorney General on advice of Prime Minister. • He appoints Auditor General on advice of Prime Minister. • He appoints Controller General of Accounts on advice of Prime Minister. • He appoints Advocate General Islamabad on advice of Prime Minister. • He also appoints members and chairman of Council of Islamic Ideology, Council of Common Interest, and National Economic Council and National Finance Commission. • He appoints Governor of State Bank of Pakistan. • He also appoints
Federal Ombudsman, Federal Insurance Ombudsman,
Federal Tax Ombudsman, Banking Mohtasib Pakistan and
Federal Ombudsperson for Women and Workplace. • As a chancellor of federal public sector universities, he appoints vice chancellors of that universities. • He also appoints chairman and members of
Federal Public Service Commission Military powers • He is Supreme Commander of Armed forces of the country. • He appoints Chief of Army Staff concurrently
Chief of Defence Forces , Chief of Naval Staff and Chief of Air Staff on advice of Prime Minister. • The President shall have the power to raise and maintain the Military, naval, and air force of Pakistan and the reserves of such forces. • The President shall also have the power to determine their salaries and allowances. • The President shall have the power to grant commission to such forces. • He can send military troops to other countries and United Nations on advice of Prime Minister. • He can declare war and peace settlements on advice of Prime Minister.
Emergency powers Article 232: Emergency due to war, external or internal disturbance: • If the president has reached a conclusion that a grave emergency exists in which the security of Pakistan, or any part therefore, is threatened by warfare or external aggression, or by internal trouble and disturbance, beyond the power of a Provincial Government to control, he may issue a proclamation of Emergency. Article 233: Suspension of Fundamental Rights: • After the proclamation of Emergency, the president may suspend Articles 15 to 19 and 24 (fundamental rights) through a separate order and this order too is to be laid before the joint sitting of parliament for approval as soon as possible. Article 234: Emergency due to the breakdown of constitutional machinery: • Article 234 of the constitution envisages a situation in which constitutional machinery breaks down in a province, as when no political party or coalition has a clear majority in the province to form a government or the law-and-order situation has deteriorated to an extent that provincial Government cannot, in spite of its majority in the Assembly, function in the province. Article 235: Financial Emergency: • Article 235 of the constitution of Pakistan. When the economic life, financial stability or credit of the country is threatened, the president, after consultation with the Governor, may issue a proclamation to extend the authority of federation to the giving of direction to any province to observe such principles of financial propriety as is deemed necessary. Even the salaries may be required to be reduced. President can impose governor rule in any province. He can run provincial government directly. He can use emergency powers on advice of Prime Minister and cabinet. From 2000 until 2009, the President was the
Chairman of the
National Security Council who had authority and control over the
nuclear and strategic arsenals; however, the chairmanship and the powers transferred back to the
prime minister. Furthermore, the presidential
powers have significantly declined with Pakistan's government reversed to a
parliamentary democratic republic.
Powers before the 18th Amendment Before the 18th Amendment to the constitution in 2010, the President was quite powerful. He had the constitutional authority to choose and appoint the Prime Minister in his discretion who got majority votes from the National Assembly. Due to Article 58-2(b), he had the authority to dissolve the National Assembly in his discretion when the Government of the Federation cannot carry out it's duties according to the provisions of the Constitution.
President Zia Ul Haq,
Ghulam Ishaq Khan and
Farooq Leghari used this constitutional provision to dissolve the elected Prime Minister's Government. The President is the ceremonial head of state, while the Prime Minister is head of the executive, although this provision made the President more powerful than the Prime Minister, making the PM subordinate to him. If there is any misunderstanding or disagreement between the President and the Prime Minister, the President may use these powers to dismiss the Prime Minister and dissolve National Assembly. Pakistan's Parliamentary system was changed to a Semi-presidential government as a consequence. • He had the authority to appoint the Governors of Provinces in his discretion. • He had the authority to appoint the Chief of Army Staff, Chief of Air Staff, Chief of Naval Staff and Chairman Joint Chiefs of Staff Committee in his discretion. • He was the chairman of the National Security Council, so he had the authority to take decisions related to national security and defense. • He was also the Chairman of the National Command Authority. He had the authority to take decisions related to nuclear weapons and missile technologies of the country. • He had the authority to appoint the Chief Election Commissioner in his discretion; he was not bound to consult with Prime Minister and Leader of Opposition. • He had the authority to appoint a Caretaker Prime Minister and Caretaker cabinet in his discretion after a dissolution of National Assembly and consultation was not required for these appointments. • He had the authority to appoint Judges of Supreme Court and High Court with consultation from the Chief Justice of Pakistan. He was not bound to appoint judges from recommendations of the Judicial Commission of Pakistan. • He had the authority to refer to any matter of public importance to the public in form of referendum in his discretion. • He had the authority to take decisions related to the foreign policy of the country. President Zia ul Haq and President Musharraf exercised these powers because they were the chiefs of Army Staff and because of the 8th and 17th Amendments to the constitution and President Asif Ali Zardari also exercised these powers because he was chairman of Peoples Party as well as president during 2008 to 2013. == Eligibility and selection process ==