Re: Download 1973 Constitution Of Pakistan In Urdu Pdf
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The President of Pakistan (Urdu: صدرِ پاکستان, romanized: s̤adr-i Pākistān) is the head of state of the Islamic Republic of Pakistan. The president is the nominal head of the executive and the supreme commander of the Pakistan Armed Forces.[4][5] The Presidency is a ceremonial position in Pakistan. The President is bound to act on advice of Prime Minister and cabinet. Asif Ali Zardari is the current President since 10 March 2024.
The office of president was created upon the proclamation of Islamic Republic on 23 March 1956. The then serving governor-general, Major-General Iskander Mirza, assumed office as the first president. Following the 1958 coup d'etat, the office of prime minister was abolished, leaving the Presidency as the most powerful office in the country. This position was further strengthened when the 1962 Constitution was adopted. It turned Pakistan into a Presidential Republic, giving all executive powers to the president. In 1973, the new Constitution established Parliamentary democracy and reduced the president's role to a ceremonial one. Nevertheless, the military takeover in 1977 reversed the changes. The 8th Amendment turned Pakistan into a semi-presidential republic and in the period between 1985 and 2010, the executive power was shared by the president and prime minister. The 18th Amendment in 2010 restored Parliamentary Democracy in the country, and reduced the presidency to a ceremonial position.[6]
The constitution prohibits the president from directly running the government.[7] Instead, the executive power is exercised on his behalf by the prime minister who keeps him informed on all matters of internal and foreign policy, as well as all legislative proposals.[8] The Constitution however, vests the president with the powers of granting pardons, reprieves, and the control over military; however, all appointments at higher commands of the military must be made by the President on a "required and necessary" basis, upon consultation and approval from the prime minister.[9]
The president is indirectly elected by the Electoral College for a five-year term. The Constitution requires the president to be a "Muslim of not less than forty five (45) years of age". The president resides in an estate in Islamabad known as Aiwan-e-Sadar (President's House). In his absence, the chairman of Senate exercises the responsibilities of the post, until the actual president resumes office, or the next office holder is elected.
There have been a total of 14 presidents. The first president was Iskander Ali Mirza who entered office on 23 March 1956. The current office holder is Asif Ali Zardari, who took charge on 9 March 2024, following his controversial victory in the 2024 elections.[a]
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.[11][12][13]
In addition, the president is also a civil commander-in-chief of the Pakistan Armed Forces, with chairman joint chiefs being its chief military adviser to maintain the civilian control of the Pakistani military.[14] After a thorough confirmation comes from the prime minister, the president confirms the judicial appointments in the national court system.[15][16] In addition, the Constitution allows the president to grant pardons, reprieves, and clemency in cases recommended to him by the executive and the judiciary.[17] 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.[18]
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.[20] Furthermore, the presidential powers have significantly declined with Pakistan's government reversed to a parliamentary democratic republic.[21]
Due to Article 58-2(b) he had authority to dissolve National Assembly in his discretion when Government of Federation cannot be carried according to provisions of Constitution. President Zia Ul Haq, Ghulam Ishaq Khan and Farooq Leghari used this constitutional provision to dissolve elected Prime Minister's Government. The President is ceremonial head of state, Prime Minister is head of executive, but this provision made President more powerful than Prime Minister and Prime Minister was made subordinate to President. If there is any misunderstanding or disagreement between President and Prime Minister, President may use these powers to dismiss Prime minister and to dissolve National Assembly. Pakistan's Parliamentary system was changed to Semi Presidential system.
Whenever the Aiwan-e-Sadr becomes vacant, the selection of president is done by the electoral college, which consists of both houses of Parliament (the Senate and National Assembly) and the four provincial assemblies.[24] The chief election commissioner has to conduct elections to the office of the president in a special session.[25] Voting takes place in secrecy.[26]
Each elector casts a different number of votes.[26] The general principle is that the total number of votes cast by members of Parliament equals the total number of votes cast by provincial legislators.[26] Each of the provincial legislatures has an equal number of votes to each other, based on the number of members of the smallest legislature, which is the Balochistan Assembly (65 seats).[26]
The constitution further states that election to the office of president will not be held earlier than sixty days and not later than thirty days before the expiration of the term of the president in office.[26]
I, (The name of the President-elect), do solemnly swear that I am a Muslim and believe in the Unity, and Oneness of Almighty Allah, the Books of Allah, the Holy Qur'an being the last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be no Prophet after him, the Day of Judgment, and all the requirements and teachings of the Holy Quran and Sunnah:
That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan:
And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of Pakistan, except as may be required for the due discharge of my duties as President.
The Constitution discusses the possibility of an acting president.[30] Certain office-holders, however, are permitted to stand as presidential candidates in case of vacancy as the constitution does not include a position of vice president:
The impeachment process may start in either of the two houses of the Parliament. The house initiates the process by leveling the charges against the president.[33] The charges are contained in a notice that has to be signed by either the chairman or the speaker of the National Assembly through a two-thirds majority.[33] The notice is sent up to the president, and 14 days later it is taken up for consideration.[34]
A resolution to impeach the president has to be passed by the two-thirds majority.[35] The speaker of the National Assembly then summons the joint session not earlier than seven days.[36] The president has the right to defend oneself.[37]
If the resolution is passed by the two-thirds majority at the joint session declaring that the president is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, then the president shall cease to hold office immediately on the passing of the resolution.[38]
No president has been impeached. However, the proceedings have been used in 2008 in an attempt to impeach former president Pervez Musharraf who tendered the resignation after the proceedings above were used.[39]
From 1947 until 1956, the governor-general of Pakistan acted for the head of state: King George VI (until 1952) and Queen Elizabeth II (from 1952). With the promulgation of the first constitution, Pakistan became an Islamic republic in 1956, and the governor-general was replaced with the presidency. The incumbent governor-general, Iskander Mirza, became Pakistan's first president. He reportedly suspended the first constitution in 1958, and appointed Army commander-in-chief General Ayub Khan as the first chief martial law administrator. Khan subsequently dismissed Mirza in order to become the president.
The second constitution introduced by President Ayub Khan turned the country into a presidential republic without direct elections. Succumbing to internal and international pressure, however, Khan held a nationwide presidential election in 1965. Khan successfully campaigned against his opponent, Fatima Jinnah, for a second term, but some have alleged that elections were rigged in favour of Ayub Khan.
Controversy regarding the U-2 incident (1960), privatization (1963), and war with India (1965), fueled a fierce left-wing opposition movement led by Zulfikar Ali Bhutto of the PPP and Bengali nationalist Sheikh Mujibur Rahman who, with the support of demonstrators, aimed to further weaken the presidency. Suffering from paralysis and declining health, Ayub Khan handed over the presidency to army chief General Yahya Khan, who imposed martial law and announced that national elections would be held in 1970. Eventually, general elections were held in 1970 which saw the PPP gaining a majority of seats in West Pakistan (current-day Pakistan) and the Awami League gaining a majority in East Pakistan (current-day Bangladesh).
After he was unable to reach a compromise between the PPP and the Awami League, President Yahya Khan invited Nurul Amin of the Pakistan Muslim League to become the prime minister, and also appointed him as the first vice president. The growing instigated violence against Pakistanis in East Pakistan forced President Yahya Khan to use force in order to maintain order there, which further escalated Bengali resistance (1970). Preemptive strikes against India led to another war in 1971, which freed East Pakistan and created Bangladesh.
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