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Article: 47 Removal or impeachment of President

1[47. Removal 2[or impeachment] of President. –(1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.

(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case my be the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.]

(3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker.

(4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.

(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him.

(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.

(7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting.

(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of 3[Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

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Footnotes:

1. Item 8 of the schedule to P.O. No. 14 of 1985 substituted clause 1 and 2 of Art. 47 in their present form, (w.e.f. March 2, 1985) in place of the said clauses as adopted in 1973, that read :
47. Removal of President.– (1) Notwithstanding anything contained in the Constitution, the President may be removed from office in accordance with the provisions of this Article on the ground of physical or mental incapacity or on a charge of violating the Constitution or gross misconduct.
(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of the President; and such notice shall set out the particulars of his incapacity or of the charge against him.

2. Item 8 of the Schedule to P.O. No.14 of 1985, also inserted the said words in the title to Art. 47. (w.e.f. March 2, 1985).

3. See Footnote 2 on Article 1.


Comparative Table of Article 47 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :
13
Constitution of Pakistan 1956 :
35
Constitution   of   India    1950:
61
Government of India Act 1935:

Leading & Latest Cases on Article 47 of the Constitution of Pakistan, 1973 :

SADIQ HUSSAIN QURESHI
FEDERATION OF PAKISTAN AND OTHERS
MUHAMMAD UMAR KHAN AND OTHERS
PAKISTAN AND OTHERS
SHAHID ORAKZAI
PRESIDENT OF PAKISTAN ISLAMABAD AND ANOTHER

2 comments

  1. very true but who bring the change ??????????


  2. […] analyst Gul said the possibility remained that Zardari’s opponents could try to invoke Article 47 of the Constitution that provides for the president’s removal from office “on the grounds of physical or mental […]



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