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30 April 2012

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13 January 2012

Semester “Fall 2011”


                    Semester “Fall 2011”
                             Assignment No.  02     
  Bc110400034  ……………………………………………10-01-2012

Do you think that the 1962 Constitution was a presidential type constitution? Discuss the powers of the president under this constitution.

The Constitution of 1962 provided for a presidential form of government, as opposed to the parliamentary form of government under the 1956 Constitution.
According to the 1962 Constitution the President should be a Muslim with the term of 5 years. He was eligible to promulgate Ordinances and veto against legislated laws only override-able by two/thirds of the National Assembly. However, the President was not empowered to dissolve the Assembly except the cost of his office also.
Powers of President:
The president was the focal point of the political system, the central piece of the political system. he had executive powers, legislative powers because he was the part of the legislative process and certain judicial powers
The cabinet was appointed by the president and the cabinet was responsible to the president. He could remove a cabinet member anytime he wants and other key appointments in the state were also to be made by the president.
President also had the powers to issue ordinances when the NA was not in session. President also had an emergency power that is if state of emergency had been declared in the country then his powers enhanced. Emergency can be declared in the country for 3 major reasons.
  1. External threat, there is war imposed on the country as was the case in Sep, 1965 when India attacked on Pakistan state of emergency was declared in Pakistan.
  2. Internal disturbances there are developments within a country which threatens security then emergency powers could be invoked.
3.  A very serious economic crises economic threat to the security of the state.So, in these kinds of situations the president can declare the state of emergency and can assume extra powers. And then he had a free hand to function but within a limit prescribe by the constitution of Pakistan.

If the President resigns from his office or vote of no-confidence passes against him, then according to the Constitution the Speaker would act as the President of the State till the election of new President. Under these special circumstances, a non-Muslim might get the chance to be an acting President of Pakistan.
The term of the President was five years to act as Head of State as well as Chief Executive—solely responsible for country's administration. Governor and Minister were appointed and removed by him. He was eligible to promulgate Ordinances and veto against legislated laws only override able by two-thirds of the National Assembly.

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