Q.

Discuss Qualifications, Election and Powers of President in the light of constitution of Pakistan
1973?

Introduction

The President of Pakistan is the Formal head of state and represents the unity of the Republic. The
Constitution of Pakistan, 1973 outlines the qualifications, election process, powers, and
responsibilities of the President in detail

Qualifications for the President (Article 41 and 62 of the Constitution)

According to the 1973 Constitution of Pakistan, a person must fulfill the following qualifications to
become President:

1. Citizen of Pakistan: The candidate must be a citizen of Pakistan.

2. Muslim: Only a Muslim can hold the office of President.

3. Age Limit: The individual must be at least 45 years of age.

4. Qualified to be a Member of the National Assembly: As per Article 62, the person must meet the
criteria for membership in the National Assembly, which includes:

Good character

Sincere and honest (Sadiq and Ameen)

Not convicted of a crime involving moral turpitude

Not disqualified by any court or law

Election of the President (Article 41)

The President is elected by an Electoral College, which includes:

Members of the Senate

Members of the National Assembly

Powers and Functions of the President

1. Executive Powers

Appoints the Prime Minister (Article 91) and other federal ministers on the advice of the PM.

Appoints Governors, Chief Election Commissioner, and judges of the Supreme Court and High
Courts.

Can declare war or peace, but only on the advice of the Parliament.

2. Legislative Powers

Can summon and prorogue sessions of the National Assembly and Senate (Article 54).
Can address the Parliament at the start of the parliamentary year (Article 56).

Has the power to give assent to bills or return them with recommendations (Article 75).

Can promulgate ordinances when the Parliament is not in session (Article 89).

3. Judicial Powers

Has the power to grant pardon, reprieve, or reduce sentences under Article 45.

Appoints the Chief Justice and other judges on the advice of the Judicial Commission.

Conclusion

The President of Pakistan, as defined by the 1973 Constitution, is a respected symbol of the
federation. While the position holds limited executive authority, the President plays an important
constitutional and ceremonial role in the functioning of the state, ensuring the smooth transition of
power and upholding the constitution.

2. Discuss Fundamental Rights Provided by the Constitution of Pakistan 1973 ?

Introduction

The Constitution of Pakistan, 1973, guarantees a set of fundamental rights to all citizens, which are
essential for the development of an individual and for ensuring justice, equality, and freedom. These
rights are enshrined in Part II, Chapter 1 (Articles 8 to 28) of the Constitution. They provide the legal
framework to protect the civil liberties of the people and uphold the rule of law in the country.

Explanation of Fundamental Rights

1. Security of Person (Article 9)

No person shall be deprived of life or liberty save in accordance with law. This article ensures the
protection of human life and personal freedom.

2. Safeguards as to Arrest and Detention (Article 10)

It provides protection against arbitrary arrest and detention and includes the right to be informed of
the grounds of arrest and to consult a legal practitioner.

3. Right to Fair Trial (Article 10-A)

This article was added through the 18th Amendment and guarantees the right to a fair trial and due
process.

4. Slavery, Forced Labour, and Child Labour Prohibited (Article 11)

Slavery and all forms of forced labour and child labour are prohibited.

5. Protection against Retrospective Punishment (Article 12)

No law shall authorize punishment for an act which was not a crime at the time it was committed.
6. Double Jeopardy and Self-incrimination (Article 13)

No person shall be tried or punished for the same offence more than once or be compelled to give
evidence against himself.

7. Inviolability of Dignity of Man (Article 14)

The dignity of man and the privacy of home shall be inviolable. This article also prohibits torture for
extracting evidence.

8. Freedom of Movement (Article 15)

Every citizen shall have the right to move freely throughout Pakistan.

9. Freedom of Assembly (Article 16)

Citizens have the right to assemble peacefully and without arms.

10. Freedom of Association (Article 17)

Every citizen has the right to form associations or unions, including political parties.

11. Freedom of Trade, Business or Profession (Article 18)

Every citizen shall have the right to enter upon any lawful profession or occupation.

12. Freedom of Speech (Article 19)

Every citizen has the right to freedom of speech and expression, subject to reasonable restrictions
imposed by law.

13. Freedom of Religion (Article 20)

Every citizen has the right to profess, practice, and propagate his religion.

14. Rights of Minorities (Article 22)

It protects religious minorities and ensures that no one is forced to receive religious instruction
against their beliefs.

15. Protection of Property Rights (Article 23 and 24)

Citizens have the right to acquire, hold, and dispose of property. No one shall be deprived of
property except in accordance with the law and for public purposes.

16. Equality of Citizens (Article 25)

All citizens are equal before the law and are entitled to equal protection. There shall be no
discrimination on the basis of sex.

17. Right to Education (Article 25-A)

The state shall provide free and compulsory education to all children of the age of 5 to 16 years.
18. Non-discrimination in Access to Public Places (Article 26)

There shall be no discrimination against any citizen in access to public places.

19. Equality in Service (Article 27)No citizen shall be discriminated against in service under the
state on grounds only of race, religion, caste, sex, residence, or place of birth.

20. Preservation of Language, Script and Culture (Article 28)

Citizens have the right to preserve and promote their distinct language, script, and culture.

Conclusion

Fundamental rights are the cornerstone of any democratic society. The Constitution of Pakistan,
1973, recognizes these rights and places them under constitutional protection. These rights are vital
not only for individual liberty but also for the collective development and harmony of the society.
However, it is equally important that these rights are protected in practice and not just in theory.

Discuss Composition, Tenure, Election, Powers and functions of Senate in the Light of the
Constitution of Pakistan 1973?

1. Introduction

The Senate of Pakistan is the upper house of the bicameral legislature, established under the
Constitution of Pakistan 1973. It serves as a symbol of the unity of the federation and ensures equal

representation of all federating units, regardless of population size. The Senate plays a vital role in
the legislative process, providing checks and balances on the National Assembly and contributing to
lawmaking.

2. Constitutional Background

The Senate was established under Article 59 of the Constitution of Pakistan 1973. The Constitution
laid the foundation for a bicameral legislature consisting of:

The National Assembly (lower house) representing the people based on population.

The Senate (upper house) represents the federating units equally.

The Constitution aims to prevent dominance of populous provinces by providing equal

3. Composition of the Senate

According to Article 59, the composition of the Senate is as follows:

Category Seats

Members from each province 23

Members from Islamabad 4

Total (as of 2025) 100

Provincial representation includes general seats, technocrats/Ulema, women, and non-Muslims.

The Senate is not subject to dissolution, ensuring continuity of the parliamentary process.

4. Tenure and Election of Senators

Senators are elected for a term of six years.

One-half of the members retire every three years, and elections are held for those seats.

Senators are elected by members of the provincial assemblies through proportional representation
by single transferable vote (Article 59(2)).

5. Powers and Functions of the Senate

The Senate has important legislative, deliberative, and oversight functions:

a. Legislative Powers:

Can initiate and pass any bill except money bills (Article 73).

Can review and amend ordinary bills passed by the National Assembly.

Money bills can only originate in the National Assembly, but a copy is sent to the Senate for
recommendations.

b. Deliberative Role:

Debates on national issues, foreign policy, economy, and internal security.

Ensures representation of smaller provinces in shaping national policy.

c. Oversight Role:

Can question and summon ministers.

Refers issues to standing committees for review and action.

6. Senate Committees

Senate committees play a crucial role in the functioning of the upper house. These include:

Standing Committees on various ministries.

Special and functional committees.

Committees ensure government accountability and transparency.

7. Importance of the Senate

Institutional Balance: Acts as a counterweight to the National Assembly.

Continuity of Legislature: Unlike the National Assembly, the Senate is a permanent body.

National Integration: Provides voice to under-represented and smaller provinces.

Deliberative Forum: Encourages debate free from electoral pressures.

8. Recent Developments

26th Constitutional Amendment (2019): Increased representation for tribal areas following FATA- KP
merger.

Electronic Voting and Transparency Measures: Debates around open ballots for Senate elections to
reduce horse-trading.

9. Challenges and Criticisms

Indirect Election: Criticized for lack of direct representation; senators are not elected by the people.

Horse Trading: Allegations of vote buying during Senate elections.

Redundancy: Some argue its role overlaps with the National Assembly without significant legislative
power in fiscal matters.

10. Conclusion

The Senate of Pakistan is a crucial institution created by the Constitution of 1973 to uphold the spirit
of federalism and ensure unity among diverse federating units. While it has certain limitations,
especially in financial matters, its role in legislation, debate, and oversight is indispensable. With
reforms and greater transparency, the Senate can further strengthen Pakistan’s democratic and
federal structure.

4. Discuss Qualifications, Disqualification, Composition, Powers and Functions of National

1. Introduction

The National Assembly of Pakistan is one of the two Houses of the bicameral Parliament, the other
being the Senate. Established under the Constitution of Pakistan 1973, the National Assembly plays a
pivotal role in legislation, oversight, representation, and the functioning of the federal government.
This assignment explores its constitutional foundation, composition, powers, and functions.

2. Constitutional Basis

The National Assembly derives its authority from Part III, Chapter 2 (Articles 50 to 89) of the
Constitution of Pakistan 1973. According to Article 50, the Parliament consists of the President, the
National Assembly, and the Senate.
3. Composition of the National Assembly

According to Article 51:

The total number of seats in the National Assembly is 336, which includes:

266 General Seats

60 Reserved Seats for Women

10 Reserved Seats for Non-Muslims

Members are elected through direct elections based on an adult franchise.

Reserved seats are filled through proportional representation by political parties based on their
number of general seats.

The term of the National Assembly is five years, unless dissolved earlier under Article 58.

4. Qualifications and Disqualifications (Article 62 & 63)

Qualifications (Article 62):

A citizen of Pakistan.

At least 25 years of age.

Of good character and not commonly known as one who violates Islamic injunctions.

Has adequate knowledge of Islamic teachings (for Muslims).

Sadiq and Ameen (honest and trustworthy).

Disqualifications (Article 63):

If found guilty of moral turpitude, corruption, or misuse of power.

If he/she is of unsound mind.

Not discharged insolvent.

Convicted of crimes involving moral turpitude.

Defects from the political party on whose ticket he/she was elected.

5. Powers and Functions

A. Legislative Powers

Can make laws for the whole of Pakistan on subjects mentioned in the Federal Legislative List.

Plays a role in money bills (Article 73), which can only originate in the National Assembly.

Joint sittings of both Houses (Article 70) are convened for passing laws in case of disagreement.
B. Financial Powers

Exclusive right to introduce and pass the federal budget.

Approval of money bills is the sole prerogative of the National Assembly.

C. Executive Oversight

The Prime Minister and the federal cabinet are collectively responsible to the National Assembly
(Article 91).

Can hold debates, ask questions, and move motions to oversee government functions.

Can pass a vote of no-confidence to remove the Prime Minister (Article 95).

D. Electoral Functions

Elects the Prime Minister of Pakistan.Participates in the election of the President of Pakistan (along
with Senate and Provincial Assemblies).

6. Sessions and Procedures

Summoning and Prorogation: The President summons and prorogues sessions (Article 54).

Quorum: At least 1/4 of the total membership is required for a session to be valid.

Speaker and Deputy Speaker (Articles 53): Elected from among its members and preside over the
sessions.

Privileges and Immunities (Article 66): Members enjoy freedom of speech in the Assembly and
immunity from legal proceedings for anything said in the House.

7. Dissolution of the Assembly

Under Article 58, the National Assembly may be dissolved by:

The Prime Minister advising the President.

The President acts independently in certain constitutional crises.

After dissolution, new elections must be held within 90 days, and the caretaker government
manages affairs until the new assembly is elected.

8. Role in Democratic Governance

The National Assembly is central to Pakistan’s democracy. It ensures:

Accountability of the executive.

Representation of the people's will.

Legislation reflects national priorities.

9. Challenges and Recommendations

Challenge

Weak legislative performance due to absenteeism and political instability.

Frequent dissolutions and interruptions in democratic process.

Limited independence from party leadership due to Article 63 A (anti-defection clause).

Recommendations

Strengthen parliamentary committees.

Enhance transparency and public engagement.

Implement reforms to ensure effective participation and reduce dependence on executive authority.

10. Conclusion

The National Assembly of Pakistan, as enshrined in the Constitution of 1973, is a cornerstone of the
parliamentary democracy in the country. It embodies the will of the people, exercises legislative
authority, and ensures the accountability of the government. For a stronger democracy, it is
essential to uphold the constitutional mandates and reinforce the role of the National Assembly
through institutional strengthening.