(3) Except in cases where it is provided that the Head of the State should act in his discretion, the Head of the State, when he is to act under the Constitution, should act, unless the context otherwise requires, on the advice of his Minister or Ministers.
13. Election of the Head of the state. -(1) The Head of the State should be a Muslim and should be elected at a joint sitting of both the Houses of the Federal Legislature.
(2) A member of the Legislature, if elected as Head of the State, should cease to be such member.
14. Rules for the election of the Head of the State-(I) The Federal Legislature should at a joint sitting frame rules for the election of the Head of the State and until rules are so framed the first election of the Head of the State should be conducted in accordance with the rules framed by the Governor-General of Pakistan.
(2) The election of the Head of the State should not be called in question in any court of law.*
15.Qualification for election of Head of the State.- (1) No person should be eligible for election as Head of the State unless he-
(a) is a citizen of Pakistan;
(b) has attained the age of forty years; and
(c) is qualified for election as a member of the House of the People.
(2) A person should not be eligible for election as Head of the State if he holds any office of profit under the Federal Government, or the Government of a Unit, or under any local or other authority subject to the control of any of the said Governments.
Explanation-For the purpose of this paragraph a person should not be deemed to hold any office of profit by the reason only that he is the Head of the State or the Head of a Unit, or is a Minister of the Federal Government or of the Government of a Unit.
16. Term of office of the Head of the State. -The term of Office of the Head of the State should be five years from the date of his assumption of office. In case of a vacancy in the office of the Head of the State as a result of death, resignation, incapacity or otherwise, the term of office of the new Head of the State should be five years.
17. Eligibility for re-election. -No person should be allowed to hold the office of the Head of the State; consecutively for more than two full terms.
18. Casual vacancy in the office of the Head of the State. -(1) In the event of the occurrence of any casual vacancy in the office of the Head of the State, one of the following persons, if otherwise qualified for election as Head of the State, should act as Head of the State until such time as he resumes office or a new Head of the State is elected-
*Messrs S. C. Chattopadhyaya, Prem Han Banna, K. K. Dulta and Begum Shah Nawaz dissented.
*Mr. S.C. Chattopadhyaya dissented.
