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

PowerArticle
Appoints the Prime Minister56(3)
Appoints the Chief Justice95
Appoints ministers, ministers of state and deputy ministers56(2)
Summons, prorogues and dissolves Parliament72
Supreme command of the defence services61
Pardons, or reduces a sentence49
Issues ordinances (when Parliament is not sitting)93
Proclaims an emergency141A

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

PointRule
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 vacancyWithin 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. 1

    The President is elected by MPs; minimum age 35; term 5 years, at most two terms (Article 50).

  2. 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. 3

    Summoning and dissolving Parliament is 72; pardon 49; ordinances 93; supreme military command 61.

  4. 4

    Impeachment needs a two-thirds vote (Article 52); in a vacancy the Speaker acts (Article 54).

  5. 5

    Declaring war needs Parliament's assent (Article 63).