18. Discretionary Powers of the Head of the State
The following powers should be exercised by the Head of the State in his discretion:
(1) powers of clemency, and
(2) appointment of Election Tribunals.
Explanation-Wherever the words “special powers" or “special responsibility" are used, they should mean the exercise of power by the Head of the State or the Head of the Province, as the case may be, in his discretion.
19. Pay and Allowances of the Head of the State
Suitable provision should be made for fixing the pay and allowances of the Head of the State according to his status and dignity.
The Committee accepted the principle that a reasonable sum in the form of pension or allowance may be allowed to the Head of the State for his life after his retirement. This allowance or pension will be deemed as suspended while he is holding any office of profit.
If the Head of the State is removed in accordance with the Constitution for misconduct, he should not be entitled to any allowance or pension.
20. Protection for the Head of the State
(1) The Head of the State should not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and duties.
(2) No criminal proceedings whatsoever should be instituted or continued against the Head of the State in any court as long as he holds office.
(3) No process for the arrest, imprisonment or appearance of the Head of the State should issue from any court as long as he holds office.
(4) No civil proceedings in which relief is claimed against the Head of the State should be instituted during his term of office in respect of any act done or purporting to be done by him in his personal capacity whether before or after he entered upon his office as Head of the State until the expiration of 60 days next after notice in writing has been sent to the Head of the State, or left at his office stating the nature of the proceedings, the cause of action therefore, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.
21. Bar against impeachment of the Head of the State and Others
No prevision should be made in the Constitution for the impeachment of the Head of the State or the Heads of Provinces, the Ministers of the Central and Provincial Governments and the Members of the Central and Provincial Legislatures.
