According to Malik, Article 41(2) states that a person shall not be qualified for election as president unless he is qualified to be elected as member of the National Assembly. In this respect, Article 63(1)(d) states that a person cannot be qualified for election as a member of the Parliament if he ‘holds an office of profit in the service of Pakistan’.

As for charges that by still holding the office of Chief of Army Staff (COAS), President General Musharraf is disqualified from contesting the election to the office of the president, the Election Commission in a recent move amended the Presidential Election Rules. “The amendment effectively curtails the powers of the returning officer for the election as he can no longer conduct a summary inquiry or reject any nomination papers if the candidate is subject to disqualification from being elected as, or from being, a member of the Parliament as provided in Article 63 of the Constitution,” says Malik.

• What are the unilateral powers (other than those under the aid and advice of the council of ministers) of the president of Pakistan?

One of the most contentious unilateral powers of the president is the authority to dissolve the National Assembly at his discretion. “Under Article 58(2)(b) of the Constitution, the president can dislodge the lower house of Parliament. This power was added to the Constitution by President Zia-ul-Haq and resulted in the dissolution of many governments. Prime Minister Nawaz Sharif removed this provision during his second tenure. However, it was re-inserted by Chief Executive General Pervez Musharraf through the Legal Framework Order of 2002,” says Malik adds.

... contd.