The role of the President in Pakistan under the 1973 Constitution is largely ceremonial, but it still carries important legislative, constitutional, and emergency powers. Pakistan adopted a parliamentary system under the 1973 Constitution, which was accepted by all stakeholders and provinces. 1973 constitution made the President head of state while the Prime Minister became the chief executive.
Over time, constitutional amendments — especially the 8th, 13th, 17th, and 18th Amendments – reshaped the balance of power between the President and the Prime Minister, which was actually the true spirit of 1973 constitution, which was somehow changed in military rule.
This article explains the President’s powers in detail.
Constitutional Position of the President
Under Article 41 of the Constitution:
- The President is the Head of State
- The President represents the unity of the Republic
- The President acts on the advice of the Prime Minister
Pakistan is a parliamentary democracy, meaning executive authority is exercised by the federal government headed by the Prime Minister, not the President.
How is the President Elected?
The President is elected indirectly by an Electoral College consisting of:
- Members of the National Assembly
- Members of the Senate
- Members of the four Provincial Assemblies
The President serves a five-year term and is eligible for re-election.
Executive Powers of the President
Although executive authority rests with the Prime Minister, the President performs certain formal executive functions.
These include:
- Appointing the Prime Minister
- Appointing Federal Ministers on the advice of the PM
- Appointing Governors of provinces
- Appointing the Chief Justice and judges (on advice)
- Appointing the Chief of Defence Forces (CDF) and Service Chiefs
In almost all cases, the President acts on the advice of the Prime Minister.
Legislative Powers of the President
The President plays a role in the law-making process.
Key legislative powers include:
- Summoning and proroguing Parliament
- Addressing Parliament at the start of the parliamentary year
- Assenting to bills passed by Parliament
- Returning a bill (once) for reconsideration, but if Parliament passes the bill again, the President must approve it in certain timeframe.
Ordinance Power (Article 89)
When Parliament is not in session, the President can issue an Ordinance on the advice of the federal cabinet.
However:
- Ordinances must be laid before Parliament
- They expire after 120 days if not approved
This power has been controversial in Pakistan’s political history.
Emergency Powers of the President
The President can declare an emergency under specific constitutional provisions:
- National emergency due to war or internal disturbance
- Financial emergency
- Provincial emergency (Governor’s Rule) in any province
However, these actions are taken on the advice of the Prime Minister and the federal cabinet.
Presidential Power to Pardon
Article 45 of the Constitution of the Islamic Republic of Pakistan gives the President the power to grant pardon, respite, reprieve, and to remit, suspend, or commute any sentence passed by any court or tribunal.
Role Before and After the 18th Amendment
The President’s powers have changed significantly over time.
Before 18th Amendment (2010)
Under the 8th Amendment introduced during General Zia’s era:
- The President had the power to dissolve the National Assembly (Article 58(2)(b))
- The President had stronger discretionary powers
This led to multiple dissolutions of assemblies in the 1990s by then-President Ghulam Ishaq Khan.
After 18th Amendment (2010)
The 18th Amendment restored parliamentary supremacy.
After this amendment:
- The President cannot dissolve the National Assembly independently
- Most powers became symbolic and advisory
- Real executive authority rests with the Prime Minister
This firmly shifted Pakistan back to a parliamentary system, and the credit goes to then-President Asif Ali Zardari of PPP, who surrendered his powers.
Limitations of the President
The President:
- Cannot act independently in most matters
- Must follow Prime Minister’s advice
- Cannot veto legislation permanently
- Cannot remove the Prime Minister arbitrarily, like they used to do with Article 58(2)(b)
How to Remove the President From Office
One interesting thing to note that the President has immunity from criminal/civil proceedings during their term, so the President can only be removed through impeachment by a two-thirds majority in a joint session of National Assembly and Senate, according to Article 47, on the grounds of Gross misconduct, violation of the Constitution, or physical/mental incapacity.
Comparison with Prime Minister
| Feature | President | Prime Minister |
| Head of State | Yes | No |
| Head of Government | No | Yes |
| Elected Directly | No | No |
| Executive Authority | Limited | Full |
| Can Dissolve Assembly | No (after 18th Amendment) | Yes (on advice mechanism) |
Practical Political Role
Although constitutionally ceremonial, the President may:
- Influence political negotiations
- Play a neutral constitutional role during crises
- Act as a symbolic unifying figure
The impact depends largely on political circumstances and personality of the office holder.
Final Words
Under the 1973 Constitution, head of state has ceremonial powers for 5 years term. Real executive authority lies with the Prime Minister and the federal cabinet.
The 18th Amendment strengthened parliamentary democracy and significantly reduced presidential discretion. Today, the President’s role is primarily constitutional, symbolic, and procedural rather than executive.
What is your view — should the President have more powers, as we often hear presidential system debates in Pakistan, or is the current parliamentary balance appropriate for Pakistan’s democracy? Share your thoughts in the comments.
