PRESIDENT UNDER 1973 CONSTITUTION

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Q. Write a comprehensive note on the Powers and Functions of the President under 1973 Constitution of Pakistan.

Answer
1. INTRODUCTION:
    Parliamentary system was introduced in 1973 Constitution. The Head of the State is called President. He runs the business of the state through the Prime Minister. No doubt, the Present as the symbol of the unity of federation occupies neutral position in the constitution but in order to protect and preserve the dignity of this high office, the President must keep aloof from all political imbroglios.

2. CONSTITUTIONAL POSITION OF PRESIDENT:
    The President is only a constitutional head of state. The Constitution declares that the President shall act in accordance with the advice of the Prime Minister.

3. POWERS AND FUNCTIONS OF PRESIDENT:
I. Legislative Powers:

  1. Summoning of Parliament: The President has the power to summon both Houses of Parliament in a joint sitting to meet at such time and place as he thinks fit.
  2. Right to Address in Parliament: The President has the right to speak in Parliament.
  3. Dissolution of National Assembly: The President shall dissolve the National Assembly if so advised by the Prime Minister, and the National Assembly shall unless sooner dissolved stand dissolved at the expiration of forty eight hours' after the Prime Minister has so advised.
  4. Promulgation of Ordinance: The President is empowered to promulgate ordinance in time emergency.
  5. Referendum: The President is empowered to hold referendum. If there is a matter of national importance.
  6. Appointment of Caretaker Cabinet: The President is empowered to appoint caretaker cabinet.
II. Executive Powers: 

  1. Proclamation of Emergency: The President is empowered to proclaim emergency in the country.
  2. Appointment of Governors of Provinces: The President on the advice of Prime Minister appoints the Governors of provinces.
  3. Appointment of Attorney General: The President appoints Attorney General of Pakistan.
  4. Members of National Finance Commission: The President on the advice of Prime Minister appoints the members of National Finance Commission.
  5. Members of Council of Islamic Ideology: The President on the advice of Prime Minister appoints the members of Council of Islamic Ideology.
  6. Members of Council of Common Interest: The President appoints the members of Council of Common Interest.
  7. Chief Election Commissioner: The President of Pakistan appoints the Chief Election Commissioner of Pakistan.
  8. Members of National Economic Council: The President on the advice of the Prime Minister appoints the members of National Economic Council.
III. Military Powers:

  1. Declaration of Wars: The President is empowered to declare war during emergency.
  2. Settlement of Peace: Presidents plays an important role in the settlement of peace.
  3. Appointment of Chiefs of Armed Forces: The President on the advice of Prime Minister appoints, the Chief of the Army Staff, the Chief of the Naval Staff and Chief of the Air Staff.
  4. Send the Army For the Help of Other Countries: The President can send the Army for the help of UNO and other countries of the world.
IV. Judicial Powers: 

  1. Appointment of Chief Justice of Pakistan: Chief Justice of Supreme Court of Pakistan is appointed by the President.
  2. Appointment of Each Judge in the Supreme Court: The President appoints each judge in the Supreme Court of Pakistan.
  3. Appointment of Chief Justice of High Court: Chief Justice of High Court appointed by the President.
  4. Appointment of Each Judge in High Court: The President makes appointment of each judge in High Court.
  5. Additional Judges of High Court: The President is empowered to appoint Additional Judges of High Court.
  6. Determination of Salaries of Judges: The President determines and approves the salaries of judges of Supreme Court.
  7. Transfer of Judges: President can transfer the judge of one High Court to another High Court in the country.
  8. President's Powers to Grant Pardon: The President can pardon or reduce the punishment given by the courts.
V. Foreign Affairs:
  1. Settlement of Matter: The President has the power to settle the foreign affairs.
  2. Appointment of Representatives in the United Nations: The President appoints the representatives in the United Nation.
  3. Appointment of Ambassadors: The President appoints the Ambassadors.
4. CONCLUSION:
    We may conclude that the President of Islamic Republic of Pakistan is the Constitutional Head of the State. He is elected by and electoral college for a period of five years. The President runs the business of the state through Prime Minister. He can dissolve the National Assembly on the advice of Prime Minister.

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