proposed electoral college. In order to prevent undesirable persons' entry into the electoral college as members thereof, it is necessary to prescribe the disqualifications mentioned in that Article. This recommendation is in keeping with the provision of Article 158(1) of the Constitution.
SELECTION OF PRESIDENTIAL CANDIDATES
19. Desirability of restricting the number of Presidential candidates and their selection by Assembly members. -Article 167 of the Constitution provides that if the number of candidates for election to the office of President exceeds three excluding the person holding the office of President for the time being the members of the National and Provincial Assemblies shall, at a joint sitting, select three of the candidate for election. If, however, the National Assembly stands dissolved at the relevant time, the selection of three candidates shall be made by the two Provincial Assemblies sitting jointly. The fixation of the number of Presidential candidates at three and the selection of such candidates in the above manner appear to be arbitrary. It is most unlikely that a person who has not earned name and fame throughout the country by his patriotism, selfless work, meritorious service, caliber, ability and personality and has neither sufficient means nor the backing of a strong political party will secure nomination for the high office of President. Persons of such high stature being limited in number, it can be reasonably inferred that the number of the Presidential candidates will not ordinarily exceed three or four. With the emergence of stronger political parties in course of time, their number may be reduced to two only as in the United States of America. Therefore, it seems to us that it is not necessary to fix the number of Presidential candidates arbitrarily nor is it desirable that the candidates should be selected by the members of the Assemblies. If the right of the members of the Assemblies to select the Presidential candidates is retained, the right itself will offer an opportunity to them to bargain with the candidates. This may cause dependence of the selected President on the Assembly members which, however, is undesirable for the reason already stated. The provision of Article 167 with regard to selection of Presidential candidates by the Assembly members is not absolute either, for, the said Article shall not apply during the period of dissolution of a Provincial Assembly. If a Provincial Assembly stands dissolved at a time when nomination of presidential candidates falls due, there shall be no restriction as to the number of candidates and, as such, political parties shall then be free to sponsor candidates in which case the question of their selection will not arise. Without the support of a strong and well-organized political party, it would be difficult for any candidate to run his candidature for the high office of President. That begin so, the number of Presidential candidates is hardly likely to exceed the number of such parties whose number may not, in fact, be more than two or three. Thus, the number of Presidential candidates is likely to be restricted to two or three in the normal course for which no constitutional restriction is necessary- Regard being had to all these facts and circumstances, we think that the provision restricting the number of Presidential candidates and their selection by Assembly members should be omitted.
The Chairman does not agree with the views expressed in this paragraph and has appended a separate note.
