How the President of Pakistan is elected under the 1973 constitution

What are his process and function of President?

The President is the constitutional head of the state. He is a symbol of unity of Pakistan. He is elected by the Provincial Assemblies as well as the National Assemblies and is a binding force between the federation and the federating units.
The President is constitutionally required to act on the advice of the Prime Minister Cabinet, but such advice ought not to be leaded with a perception of dominance and veto power. If the President counsels the Prime Minister or the Cabinet, his counseling is entitled to weight. These are some of the norms of constitutional jurisprudence for successful operation of the constitutional prescription. The functioning of a parliament Democracy postulates the existence of a constitutional head who becomes the guardian of the constitution in so far as it provides for the control of power relation between the executive and the legislature. The President who becomes, by virtue of his office as the constitutional head, the symbol of a country’s national prides of its dignity, of its honor, is required to play as to represent the unity of the Republic.
The President and the Prime Minister have defined roles under the constitution domain unhindered and uninterrupted by each other.
No doubt, the President as the symbol of unity of federation occupies a neutral position in the constitution and in that capacity he is entitled to highest respect and regard by all the functionaries of the state. But it is equally important that in order to protect and preserve the dignity of this high office and this neutral image under the constitution the President must keep along from all political imbroglio.

Qualification of the President

A person shall not be qualified for election of President as under:

1. He is a Muslim.
2. He is not less the forty five year of age.
3. He is qualified to be elected as a member of National Assembly.

Election of President under Constitution

The constitution of Islamic Republic of Pakistan envisages that the President shall be elected by the member of the Parliament, i.e. member of National Assembly and the senate, and member of the Provencal Assemblies in a joint sitting, by secret ballot, in accordance with the provisions of the second schedule.
Explanation – If there are only two candidates, the candidate who has secured the larger number of votes shall be declaring by the election commission to be elected. If there are three or more candidates and one of them has secured a larger number of votes than the aggregate number of votes secured by the rest of the candidates, he shall be declared to be elected. If there are three or more candidates have secured the number of votes specified above, a fresh poll shall be held.

Election of President under Article 41

The President is elected under Article 41 of the constitution through an electoral college, consisting of members of the two houses of Parliament and four Provencal Assemblies.
The election of President under article 41 is perfectly accordance with the constitution. Such elected President would hold his office for full term of five years.

Power of President

The President in the constitution of 1973 is constitutional head of the state. The executive authority of the federation is to be exercised in his name. The President has been given wide powers by the constitution which is as under.

1. He can grant pardons, reprocess and respites, and can remit or commute any sentence passed by any government.
2. He is to invite the majority leader of the National Assembly to form the Government.
3. He can summon the National Assembly, or the senate or both in a joint sitting and may also prorogue the same.
4. He can address either House or both Houses assembled together and may for that purpose require the attendance of the members.
5. He can dissolve the National Assembly if so advised by the Prime Minister.
6. The most important power which has been given to the President in the constitution is the powers of proclamation of emergency.
7. The President if satisfied that security of the country or any part of it is threatened by war or external aggression or by internal disturbance may issue a proclamation of emergency. While a proclamation of emergency is in force, the President may, by order, declare that the right to move any court for the enforcement of Fundamental Rights shall remain suspended.
8. He can assume himself, or direct the Governor of the province to assume on his behalf the control of all or any of the functions of the government of a Province if he is satisfied that a situation has arisen in which the government of the Province cannot be carried on in accordance with the provisions of the constitution.
9. An important function of the president is to assent to the bills passed by the Parliament.

Consolation

1. The President is the constitutional head of the state.
2. He is a symbol of unity of Pakistan.
3. The President is the constitutionally required to act on the advice of the prime minister cabinet, but such advice ought not to be loaded with a perception of dominance and veto power.
4. If the President counsels the Prime Minister or the cabinet, his counseling is entitled to weight.
5. The functioning of Parliament Democracy postulates the existence of the constitutional head who becomes the guardian of constitution in so far as it provides for the control of power-relation between the executive and legislature.
6. A person shall not be qualified for election of president unless:
   • He is Muslim.
   • He is not less then forty five year of age.
   • He is qualified to be elected as a member of National Assembly.
7. The president is elected under Article 41 of the constitutional through an electoral college, constituting of members of the two Houses of Parliament and four Provencal Assemblies.
8. The election of President under Article 41 is perfectly in accordance with the constitution.
9. The President has been given wide power by the constitution.