Chapter -2

THE EXECUTIVE/A

Required Reading:
Articles 41-49 of the Constitution
Articles 50-56 and 58-63A & 68 of the Constitution
Article 58 of the Constitution (Pre and Post 8th Amendment

By general definition, the executive branch of government is the one that

has sole authority and responsibility for the daily administration of the
state bureaucracy. The division of power into separate branches of
government is central to the republican idea of the separation of powers.
The separation of powers system is designed to distribute authority away
from the executive branch an attempt to preserve individual liberty in
response to tyrannical leadership throughout history.

The President
Rules relating to the appointment of President:

The President of Pakistan is a ceremonial figurehead, a ceremonial

head of state representing the unity of the country (Article 41(1)).

To be qualified for election it is necessary that the individual is a

Muslim not less than 45 years of age Article 41(2)).

The validity of the elections of the president cannot be challenged

by any court or any authority (Article 41(6))

President is elected for a five-year term by an indirect elections, the
Electoral College consisting of members of the Senate and National
Assembly and members of the four provincial assemblies, the

president is eligible for re-election. But no individual may hold the

office for more than two consecutive terms (Article 44(2)).

The president may resign or be impeached and may be removed
from office for incapacity or gross misconduct by a two-thirds vote
of the members of the parliament (Article 47).

Authority of the President:

The President enjoys all constitutional powers and exercises them directly
or through officers subordinate to him as per the aforesaid Article 41Article 47.The President is responsible for making a wide variety of
appointments.
That includes Governors of Four Provinces
The Chief Justice (after consulting with the Prime Minister)
The Chief Election Commissioner (Consultation with the Prime Minister is
mandatory)
The Attorney General

The President of Pakistan can grant a pardon to or reduce the

sentence, reprieve and respite, and to remit, suspend or commute
any sentence passed by any court, tribunal or other authority,
particularly in cases involving punishment of death (Article 45).The
decisions involving the grant of pardon and other rights by the
President are independent of the opinion of the Prime Minister or the
Parliamentary majority. This implies that the President does not
have to justify his decision when he grants a pardon. However it

must be noted here that this happens only in exceptional cases.

The President exercises his or her executive powers on the advice of
the Prime Minister under article (48). Exception lies to cases where
the president has complete authority, no need for advice of prime
minister is required.

Prime Minister:
The Prime Minister of Pakistan is the head of state and a chief executive of
Pakistan (Article 90). This means that the Prime Minister is responsible to
run the executive brand of government. The designation of Prime Minister
gives the responsibility to the individual in the capacity, to act as a leader
of the country and not only monitor, supervise and guide internal but also
external affairs. One of the examples of such a duty is the management of
the economy of state which is under direct authority of the PM.
The powers and authority of the PM has grown with time. However it must
be noted that this position was not available during the military regime;
1977-1985, and 1960-1973, where the dictator held the office of the
President but has powers of both the President and the Prime Minister.

Appointment of the Prime Minister:

The Prime minister is generally the leader of a party that has a

majority in the National Assembly the lower house of the
Parliament of Pakistan. According to the constitution after the
election of the speaker and the deputy speaker, the National

Assembly elects the Prime Minister. Article 91 (1-2)

The Prime minister, in common with all other ministers, has to be a

current member of National Assembly (Article 90).

After selection the Prime Minister is called upon by the President to

take an oath(article 90-5)

The Constitution imposes no restriction on the number of terms for

the office of the Prime Minister. Article 90 (5)

The PM together with the Ministers of State, are collectively

responsible to the senate and the National Assembly. Article 90 (6)

The Prime Minister can resign his office b notifying the President in

writing.
The Constitution of Pakistan sets the principal qualifications that the
candidate must meet to be eligible to the office of the Prime
Minister. A Prime Minister must be:
1. A Muslim citizen of Pakistan.
2. Be a member of the National Assembly.

3. Be above 25 years of age if he or she is a member National

Assembly or above 30 years of age if he is a member of the
Senate.
4. Able to provide a good conduct of character and is not
commonly known as one who violates Islamic principles.

Authority of the Prime Minister:

According to the Constitution the federation is executed in the name

of the President through the Prime Minister. This Federal system

consists of the Prime Minister and the Federal Ministers. (article 90)
The Prime Minister is the Chief Executive of the country. (Article 90)
According to Article 90(2), the PM may act directly or indirectly
through Federal Ministers to perform his functions. This means that
the PM has an option to authorize the Federal Ministers to perform a

task on behalf of the Federal Ministers.

The Prime Minister as a head of the Cabinet has the duty to advise
and aid the President with the help of Cabinet Ministers to perform

his functions
Some specific ministries/department are not allocated to anyone in
the cabinet but the prime minister himself. The prime minister is

usually always in-charge/Chairman of:

1. Planning Commission
2. Nuclear Command Authority
3. National Security Council
4. Economic Coordination Committee
5. Cabinet Committee on National Security
The Prime Minister, in consultation with the Cabinet and schedules,
attends the sessions of the Parliament and is required to answer the
question from the Members of Parliament to them as the in-charge
of the portfolios in the capacity as Prime Minister of Pakistan.

Article: 46 Duties of Prime Minister in relation to President

46. President to be kept informed; 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

Parliament .

1. Section 14 of the Constitution (Eighteenth Amendment) Act, 2010

(10 of 2010), reinserted Art. 46, in its present from, (w.e.f. April 19,
2010), in place of Art. 46 as substituted by Item 7 of the Schedule to
the P.O. No. 14 of 1985, that read
46. Duties of Prime Minister in relation to President.It shall be the
duty of the Prime Minister
(a) To keep the President informed on all decisions of the Cabinet
relating to the administration of the affairs of the Federation and of any
proposals for legislation;
(b) To furnish such information relating to the administration of
the affairs of the Federation and proposals for legislation as the
President may call for; and
(c) if the President so requires, to submit for the consideration of
the Cabinet any matter on which a decision has been taken by the
Prime Minister or a Minister but which has not been considered by
the Cabinet.
Art. 46 as adopted in 1973 that read:
46. President to be kept informed.The Prime Minister shall keep the
President informed on matters of internal and foreign policy and on all
legislative proposals the Federal Government intends to bring before
Parliament.