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Saturday, December 17, 2011

‘Article 47 does not apply on me’: President Zardari

ISLAMABAD: Smelling rate in designs of powers that be to oust him on medical grounds, President Asif Ali Zardari on Friday vehemently denounced impressions of his ill health inviting implementation of Article 47.

Clause one of the Article 47 of the Constitution reads; 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.”
President talked to a senior journalist who had written a commentary piece referring to the Article on phone for quite sometime and according to the latter he taunted lightly saying, “Journalists should also be subjected to certain Articles.”
The President rather asked the question how Article 47 could be implemented on him as was physical alright and his health does not warrant the application of any Article. The President was reported as saying, “If they impose this Article on me perforce, our manifesto would be not to accept.”
“I’m here in Dubai just as a prisoner of doctors, and would return home as soon as they permit me,” the President said. “I’m anxious to be on a plane to return to the country sooner the better,” he added.
The President told the journalist that he was completely aware about what was being written and discussed in Islamabad.
However, constitutional experts were failing to understand that how the Article 47 could be applied, perforce on President Zardari while the Constitution empowers only the Parliament to do so.
They referred to the Clause 2 of the Article that clearly prescribes that not less than one-half of the membership of National Assembly or the Senate could initiate such a motion in their respective Houses.
Clause 2 and onward of the Article 47 reads; “(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, 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-third of the total membership of [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. Online