Lesson 1/35 min
The President: election, term and powers
The President at a glance
- Head of State, ranking above everyone else (Article 48)
- Elected by members of Parliament; this method dates from the 12th Amendment in 1991
- Minimum age 35; must be qualified to be an MP (being an MP is not required); anyone removed by impeachment is disqualified
- Term of 5 years from taking office; no more than two terms (Article 50)
- The Speaker administers the oath; a resignation goes to the Speaker
- Not answerable to any court for performing official duties (Article 51)
What the President does
| Power | Article |
|---|---|
| Appoints the Prime Minister | 56(3) |
| Appoints the Chief Justice | 95 |
| Appoints ministers, ministers of state and deputy ministers | 56(2) |
| Summons, prorogues and dissolves Parliament | 72 |
| Supreme command of the defence services | 61 |
| Pardons, or reduces a sentence | 49 |
| Issues ordinances (when Parliament is not sitting) | 93 |
| Proclaims an emergency | 141A |
Did you know?: In general the President acts on the Prime Minister's advice. There are two exceptions: appointing the Prime Minister (56(3)) and the Chief Justice (95(1)) (Article 48(3)).
Watch out: The books say “the President can declare war”. Article 63 says war cannot be declared without Parliament's assent. Exams accepted “the President”, but Parliament's assent is required.
Impeachment and a vacancy
| Point | Rule |
|---|---|
| Impeachment (52) | On a charge of violating the Constitution or grave misconduct; removal needs a vote of two-thirds of all MPs |
| Vacancy or absence (54) | The Speaker discharges the President's functions |
| Filling a vacancy | Within 90 days of the vacancy |
Memory trick: 35 for the President, 25 for the Prime Minister and MPs. Both serve a 5-year term.
Check yourself
What is the minimum age to be President?
At a glance
- 1
The President is elected by MPs; minimum age 35; term 5 years, at most two terms (Article 50).
- 2
Appointing the Prime Minister (56(3)) and the Chief Justice (95): in these two the President acts without the Prime Minister's advice.
- 3
Summoning and dissolving Parliament is 72; pardon 49; ordinances 93; supreme military command 61.
- 4
Impeachment needs a two-thirds vote (Article 52); in a vacancy the Speaker acts (Article 54).
- 5
Declaring war needs Parliament's assent (Article 63).