Forum Pakistan

The Constitution of Pakistan envisages general secret direct elections of the legislative organ of power. All citizens of Pakistan 21 year of age and older, who are not mentally ill, have the right to vote. A citizen who has attained the age of 25 can be elected to the lower house of parliament and to the provincial legislative assemblies ; for the upper house, the age requirement is 30 (Article 62). Any citizen of Pakistan can be elected to these bodies if they are not mentally ill or insolvent, have not lost Pakistan citizenship, have not held a paid post in the administrative organs apart from those permitted by law, have not been disqualified by a special act of parliament, have not been discharged from public service for misconduct, have not been guilty of corruption, illegal activity, false witnessing and other crimes of 'shameful nature', have not engaged in propaganda or acted to the detriment of Pakistan's ideology, its sovereignty, integrity and security public order, and morality. A candidate must be of 'good character, sagacious, righteous and nonprofligate, and honest and of good moral reputation'. A representative of the Muslim part of the electorate must also have 'adequate knowledge of Islamic teachings' and practice 'obligatory duties prescribed by Islam' (Articles 62, 63). Double membership, that is, membership in several legislative organs, is forbidden (Article 223).

The system of elections in Pakistan is based on religious membership; non-Muslims vote separately, During parliamentary elections and elections to the provincial legislative assemblies, election districts are set up with approximately equal numbers of voters. One deputy is elected from each district; the number of electoral districts thus equals the number of seats in a given legislative organ. Elections are held <111 the relative majority system. To win an election, a candidate must win more votes than each of his opponents. If only one candidate is nominated in a district, he is declared without voting. The President is the head of state and the symbol of its unity, head of the executive power, a part of the legislative authority, and the supreme commander-in-chief of the country's armed forces. The President has the right of pardon and the right to cancel or mitigate sentences by any court (Article 45). The President is elected by the majority of the college of electors consisting of deputies of both houses of parliament and provincial legislative assemblies (Article 41, and 3). The term of office is five years. The same person cannot be elected for more than two terms (Article 44). To remove the President from power, the proposal for impeachment must be put forward by no less than half the deputies of one house, to be followed by a vote of no less than two thirds at a joint session of the two houses (Article 47). The President makes appointments to many of the highest state posts: those of Prime Minister and members of the government, governors of the provinces, members of the Supreme Court of Pakistan and the High Courts of the provinces, Chairman of the Federal Public Service Commission, Chief Commissioner of the Election Commission and members of the Election Commission, Chairman of the Joint Chiefs-of-Staff Committee and the three services chiefs.

The President summons the sessions of both houses of parliament and their joint sessions and may interrupt such sessions; the President addresses the highest legislative body at the first annual joint session of the houses and at the first session after elections (Articles 54 and 56). All bills passed by parliament are sanctioned by the President who may withhold such a sanction, the bill is then returned to parliament; if it is again approyed by the majority of deputies at a joint session of both houses of parliament, the President must sign such a bill, which then becomes law (Articles 75 and 2). The President's veto is not applicable to financial bills. Between the sessions of the National Assembly, the President may promulgate decrees which have the force of law and are effective over a period of four months; if the parliament approves such a decree, it becomes law (Article 89).The President has the right to dissolve the National Assembly and may do so both on the advice of the Prime Minister, or of their own accord, in those cases where the head of government received a vote of no confidence and no member of the National Assembly has the support of the majority. The President may also do so if a situation has arisen in which the government cannot act in accordance with the Constitution, and there is a need to• appeal to the electorate (Article 58).

Fresh elections must be held during a ninety-day period from the dissolution of the National Assembly; in that period, an interim government appointed by the President may act in a caretaker capacity. The President may hold a referendum on issues of state significance on the recommendation of the Prime Minister or of their his own accord (Article 48).The President may impose a state of emergency if Pakistan's security is threatened by war, external aggression, or internal disorder (Articles 232 and 2A). The Central government may give orders to any province concerning the means in which executive authority should be implemented. The Central government may assume, or impose on the province's Governor, all or some of the functions of the given province or of any other state body with the exception of the legislative assembly and the High Court. Finally, the federal government may suspend some provision of the Constitution in relation to any organ of provincial authorities, except of the High Court (Articles 232 and 2).

During an emergency situation the President has the authority to suspend the basic civil rights or, otherwise, may forcibly implement them by order of the courts throughout the territory of Pakistan or any part thereof (Article 233). After the introduction of the state of emergency, the President is obliged to summon, within thirty days of the proclamation of the state of emergency, a joint session of both chambers of parliament. If parliament does not approve the Presidential decree on the state of emergency, the decree becomes invalid two months after its proclamation. If it is so approved, the state of emergency is maintained until it is lifted by the decision of a joint session of the two houses of parliament (Articles 232 and 7). In case of failure of the constitutional machinery in a province, the President may issue a decree on the incapacity of the constitutional mechanism in some province for a term of up to six months. In this case, the President may assume, or hand over to the Governor, the fulfilment of all or some functions of the provincial government; and may also redistribute the powers of a provincial legislative assembly to the country's parliament. The parliament may hand such powers back to the President.

The head of state may suspend some provisions of the Constitution in relation to any organ of power in any province, except for the Supreme Court (Articles 232 and I). Finally, the President may issue a decree declaring a state of financial emergency. When such a decree, which cannot last more than six months, is in force, the Central government may issue directives on the finances of a province (Articles 235 and 1). Apart from the sphere of exclusive competence, within which 'the President acts at his own discretion, on all other occasions he must be guided by advice and recommendations of the cabinet of ministers and its head.' But the President may demand that the cabinet, or the Prime Minister, revise their recommendations. It is noted that the original text of the Constitution rigidly stipulated that the Prime Minister's advice is obligatory for the President; no revision of the recommendation was provided for. The President's decrees had to be signed by the head of the cabinet. All these original provisions were cancelled by the Eighth Amendment to the Constitution.