Provision:
The President of Pakistan
- There shall be a President of Pakistan who shall be the Head of State and represent the unity of the Republic.
- The President shall be elected in accordance with the Constitution and law.
- A person shall not be qualified for election as President unless they are:
- A Muslim
- At least 45 years of age
- Qualified to be elected as a member of the National Assembly.
- The President shall hold office for a term of five years.
Meaning:
Article 41 establishes the position of the President as the constitutional Head of State, a symbol of national unity. It lays out the basic qualifications for the office, the requirement of being Muslim, and the process of election by an electoral college comprising the Parliament and Provincial Assemblies.
The Article also clarifies that the President’s role, while largely ceremonial, holds constitutional significance in upholding the democratic structure of Pakistan.
Application:
When the electoral college elects a President following a general election, this is done under Article 41. The conditions—such as age, religion, and eligibility for the National Assembly—are applied to determine the validity of a candidate.
If a person who is not a Muslim or below the required age contests for the presidency, their nomination can be lawfully rejected under this Article. The five-year term ensures periodic democratic renewal of the office.
