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" POWERS AND PRIVILEGES OF THE PRESIDENT UNDER THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN POWERS AND PRIVILEGES OF THE PRESIDENT UNDER THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN By Syed Nasir Ali Shah, Former District and Sessions Judge (Punjab)   Islamic Republic of Pakistan is a democratic country with parliamentary form of Government. In such a dispensation obviously Prime Minister is Chief Executive of the country and President is ceremonial Head of State. General perception is that the President has to act on the advice of the Prime Minister and has no powers of its own under the Constitution of Islamic Republic of Pakistan (the Constitution). But this is not the whole truth. There is much more to it than meets the eyes. Rather the constitution oscillates between the Prime Minister and the President. Under Article 41(2) of the constitution the President has to be a Muslim of not less than forty five years of age and qualified to be elected as member of the National Assembly. Article 46 supra obligates the Prime Minister to keep the President informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before the Majlis-e-Shoora (Parliament). In Mian Muhammad Nawaz Sharif's case1 it was held that the President as the symbol of the unity of the Federation is entitled to the highest esteem by all the functionaries of the State. Under Article 90 of the constitution the executive authority of the Federation is to be exercised in the name of the President by the Federal Government. Similarly under Article 99 ibid all executive actions of the Federal Government are expressed to be taken in the name of President. And Article 243(2) supra provides that the supreme command of the Armed…
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