By Iftikhar Mashwani
The five-year constitutional term of President Dr Arif Alvi completes today (Friday) on Sept.8,2023. He is the fourth president in country’s history to have completed his term.
The three presidents before Dr Alvi who completed their full terms were Chaudhary Fazal Elahi (fifth president, from 1973 to 1978), Asif Ali Zardari (11th, from 2008 to 2013), and Mamnoon Hussain (12th, from 2013 to 2018). Dr Alvi is the third consecutive president to have a full term.
Dr Alvi assumed the presidency on Sept 9, 2018. It is learnt that he will not vacate the office and continue to perform his duties until the election of a new president.
The constitution clearly allows him to serve in office until a successor is elected, however long time that may take.
Expert opinions on various legal and constitutional issues have varied in recent times, leading to serious controversies.
In the current situation, the question of President Arif continuing to serve beyond his term of office is a settled matter and there is no provision in the Constitution that interprets the removal of the President after completing his term of office.
However, if they choose to step down on their own at the end of their term, in such a case the constitution has a clear provision for their replacement.
According to Article 44(1) of the Constitution, the President shall hold office for a period of five years from the date of assumption of office, and after the expiry of the term, he shall hold office until his successor is elected.
The person holding the office of President shall be eligible for re-election to the office, but no person shall hold the office for more than two consecutive terms.
According to the Constitution, the President can hand over his resignation to the Speaker of the National Assembly.
If the office of the President becomes vacant by reason of the death, resignation or removal of the President, in such case the Chairman Senate or, if the Chairman is also unable to perform the duties of the office of the President, the Speaker of the National Assembly shall act as President and will do until the president is elected.
When the President is absent from the country or unable to perform his duties for any other reason, the Chairman or, if he is also absent or unable to perform the duties of the President, the Speaker of the National Assembly shall perform the duties of the President until such time and will perform until the President returns home or resumes work.
If President of Pakistan Dr. Alvi steps down on September 9, Senate Chairman Sadiq Sanjrani will act as president until a new president is elected after the next general election.
According to 1973 constitution,the Electoral College of the office of the President consists of members of both houses of Parliament (Senate and National Assembly) and the four Provincial Assemblies.
The constitution allows for the election of a president within two months of the end of his term, but due to an incomplete electoral college, it was not possible for the previous PDM government to bring in a new president.
Not only the two provincial assemblies Punjab and KP have already been dissolved, but most of the members of the National Assembly of PTI have also resigned.
If the President cannot be elected due to the dissolution of the assemblies, then this election will be held within 30 days of the general elections.
In this situation, the new president will be elected within 30 days of the next election.
If President Dr Alavi decides to continue in office despite the expiry of his term, he shall continue to enjoy all the powers of his office including pardon, reprieve and any powers granted by any court, tribunal or other authority.Includes the power to pardon, suspend or reduce the sentence imposed.
President Alvi held ‘consultative meetings’ last week and agreed to continue until a new president is elected.
