Article 47 of the Constitution of Pakistan: How a President Is Removed

The President of Pakistan is the head of state and a symbol of the federation, elected for a five-year term. But the Constitution of Pakistan 1973 does not leave the office above accountability. Article 47 lays down the complete procedure for the removal or impeachment of the President — the only constitutional route by which Parliament can cut short a presidential term.

Grounds for removal under Article 47

Article 47 permits removal on the ground of physical or mental incapacity, or impeachment on the charge of violating the Constitution or gross misconduct — the only grounds the Constitution recognises. Political disagreement or unpopularity does not qualify, and the written notice must set out the particulars of the incapacity or the charge in detail.

The removal procedure, step by step

The procedure is deliberately demanding. It runs as follows:

1. Written notice. Not less than one-half of the total membership of either House — the National Assembly or the Senate — may give written notice of the intention to move a resolution for the removal of, or to impeach, the President. The notice is addressed to the Speaker of the National Assembly or, as the case may be, the Chairman of the Senate, and it must spell out the particulars of the incapacity or the charge.
2. Transmission. If the notice is received by the Chairman of the Senate, he transmits it forthwith to the Speaker of the National Assembly, so that the entire process is channelled through one office.
3. Notice to the President. Within three days of receiving the notice, the Speaker causes a copy to be transmitted to the President. The President is therefore formally informed at the very outset and cannot be taken by surprise.
4. Joint sitting. The Speaker summons the two Houses to meet in a joint sitting, held not earlier than seven days and not later than fourteen days after the notice is received. Both the National Assembly and the Senate sit together as Majlis-e-Shoora (Parliament) for this purpose.
5. Investigation. The joint sitting may investigate, or cause to be investigated, the ground or the charge on which the notice is founded. The President has the right to appear and to be represented during the investigation and before the joint sitting — a basic safeguard of due process.
6. The vote. If, after considering the result of the investigation, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of Majlis-e-Shoora (Parliament) declaring that the President is unfit to hold office due to incapacity, or is guilty of violating the Constitution or of gross misconduct, the President ceases to hold office immediately on the passing of the resolution.

Why the bar is set so high

Two features of Article 47 deserve attention. First, the initiating threshold — one-half of the total membership of a House — means a removal move cannot be a stunt by a small opposition group; it requires serious parliamentary weight behind it from the start. Second, the decisive two-thirds majority of the total membership of Parliament is one of the heaviest voting requirements in the Constitution. The framers wanted the head of state to be secure against shifting political winds, while keeping a genuine constitutional exit available for incapacity or grave misconduct.

Has Article 47 ever been used?

No President of Pakistan has ever been removed through the Article 47 procedure. The closest the country came was in August 2008, when the ruling coalition finalised an impeachment motion against President Pervez Musharraf on charges including violation of the Constitution. Before the motion could be tabled, Musharraf resigned from office on 18 August 2008 in a televised address. The episode showed that the Article 47 mechanism, even unexercised, carries real political force — the credible prospect of impeachment ended a presidency. Impeachment as a political instrument still surfaces periodically, including recent moves such as the Khyber Pakhtunkhwa chief minister’s push for a law to impeach the governor and warnings that governor’s rule remains a last option in the province.

Removal versus other ways the office falls vacant

Article 47 should not be confused with the ordinary ways the presidency falls vacant under Article 49 — resignation, expiry of the five-year term, or death. Removal under Article 47 is a punitive act by Parliament, distinct also from the President’s immunity under Article 248 against criminal proceedings during the term — which is precisely why the Constitution provides this separate parliamentary route.

Frequently asked questions

Can the Prime Minister remove the President?

No. The Prime Minister has no power to remove the President. Only Majlis-e-Shoora (Parliament), acting through the Article 47 procedure, can remove or impeach the President.

What majority is needed to remove the President of Pakistan?

A resolution passed at a joint sitting by the votes of not less than two-thirds of the total membership of Majlis-e-Shoora (Parliament). On its passage, the President ceases to hold office immediately.

On what grounds can the President be impeached?

Physical or mental incapacity, violation of the Constitution, or gross misconduct. The written notice initiating the process must set out the particulars of the incapacity or the charge.

Does the President get a chance to defend himself?

Yes. The Constitution expressly gives the President the right to appear and be represented during the investigation and before the joint sitting considering the resolution.