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Old Tuesday, September 06, 2011
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Post Political System of Pakistan

Constitution of 1956



First constitution was approved on 29th January 1956. The Governor General gave is assent on 2nd March and the new constitution was enforced on 23rd March, 1956 and Pakistan was transformed into an Islamic Republic. The Objectives Resolution passed by the First Constituent Assembly in 1949 was included in the Preamble of 1956 Constitution. Under this constitution, parliamentary form of government, modeled on British pattern, was adopted. This federal system was closer to the one as it existed under 1935 Act of India.


Salient Features


1. Nature of the Constitution:
The constitution of the First Republic was a brief document containing six schedules and 234 Articles. It regulated the activities and determined the jurisdiction of both, central as well as that of provincial governments, unlike American Federation; the Federating units did not have their separate constitutions.


2. Federation:
Under the constitution, there existed division of powers between the central and provincial governments in the form of three lists. One of the lists included the affairs on which central government was authorized to legislate, the second list dealt with provincial government’s jurisdiction, while the third one included all concurrent affairs on which both central as well as provincial governments could legislate.


3. Parliamentary System:
The form of government was modeled on parliamentary lines which had closer resemblance to the system as worked under 1935 Act of India. Under this system, all ministers were supposed to be the members of Parliament and they remained in office so long as they continued to command the confidence of the majority of the Assembly, otherwise, they had to resign. The Cabinet was collectively accountable to the National Assembly.


4. Uni-Cameral Legislature:
It is a common practice in almost all the federal states to introduce bicameral legislature in which the upper chamber is organized on the basis of parity of representation to all the federating units while the lower chamber is organized on popular basis. But in Pakistan, there existed only one Chamber of the Parliament in which parity of representation was secured to both the federating units i.e. East and West Pakistan.


5. Independence of Judiciary:
The constitution ensured necessary safeguards to secure independence of judiciary. The judges of the superior courts were to be appointed by the head of the State and were ensured full security of service. They could not be removed prior to their retirement except through impeachment, nor their salaries diminished.


6. Directive Principles:

Directive principles of state policy were also incorporated in the constitution, a practice copied from Irish Constitution and contained in 1935 Act of India as well. Some of these principles dealt with Islamic teachings. It was also reaffirmed that Pakistan would always pay due regard to the Charter of the United Nations and perform its due role in its efforts to maintain international peace and security. It was also reaffirmed that Pakistan would foster fraternal relations with other nations.


7. Fundamental Rights:
Fundamental rights were made the part of the constitution and were to be enforced by the Supreme Court. All such laws or administrative policies which violated Fundamental rights could be challenged in the Court of Law. Some important of these were: right to life, right to personal security, freedom of thought and action, of speech and expression, right of movement within the country, right to privacy and family life etc.


8. Islamic Provisions:
Pakistan is an ideological polity which came into being for the purpose of implementing Islamic way of life. Hence the basic objectives of the newly created state were pre-determined. The Objectives Resolution passed b y 1st constituent Assembly, clearly pointed out Islamic ideology as the basis of new socio-political order. It was included in the Preamble of the constitution which recognized sovereignty of Allah and reaffirmed that no law would be enacted which was against the injunctions of Islam. The name of the republic also reflected its Islamic character.


Causes of Failure of Constitution of 1956



The constitution remains enforced for a period of two years only while it is too short period to test the utility of a constitution. As a matter of fact, the implementation of Constitution signifies the beginning of a new era of democracy but anti-state elements and disgruntled politicians were not sincere to this process and were bent upon sabotaging the system. Most of the politicians tried to seize political authority through back doors and indulged in political intrigues. Democratic norms were not paid due heed.

Elections could not be held under the new constitution and capturing of political power through palace intrigues became a routine affair. Nepotism, favoritism and selfishness shook the foundations of the political system. Undoubtedly, the situation became ripened for the intervention of military in politics. Martial Law was imposed in October 1958 and it was announced that parliamentary democracy had failed.
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  #2  
Old Wednesday, September 07, 2011
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Constitution of 1962


The Constitution of Second Republic was a comprehensive document, comprising 250 articles and three schedules. It did not have a representative character but was granted by one man.

Salient Features


1. Nature of the Constitution:
1962 Constitution of Pakistan, like the abrogated constitution, was a written constitution and consisted of a comparatively detailed document. This constitution was partly rigid and partly flexible. The National Assembly was authorized to amend the constitution by a two thirds majority with the concurrence of the president.


2. Federal System:
The introduction of federal system was a matter already decided in the Objectives Resolution. It was also adopted later under 1956 constitution and also retained by the Framers of the Constitution of the 2nd Republic. According to the pattern of division of powers, as chalked out in the constitution, the powers of the central government are enumerated and expressed in a list while all residuary powers belong to the provinces.


3. Presidential System:
Presidential for of government was enforced under 1962 constitution. Swift changes in the government and the subsequent political instability, before the imposition of martial law in 1958, had created chaos in t5he country. In view of this consideration, the Constitution Commission recommended presidential system in order to overcome political instability and enforce a firm socio-economic and political order.


4. Unicameral Legislature:
Under both 1st and 2nd republics, parity of representation between West and East Pakistan was secured within uni-cameralism, whereas seats in each of the provinces were allocated according to the ratio of population.


5. Indirect Election:
It was a general impression that one of the major causes regarding the failure of constitutional machinery during 1st Republic was the introduction of adult suffrage in isolation from adult education. The framers of 1962 Constitution envisaged indirect method of election for the Presidency and for the legislative assemblies.


6. Role of Judiciary:
In Pakistan, dual system of courts does not exist as there is a single series of judicial hierarchy with Supreme Court at the apex. Proper safeguards had been introduced under 1962 Constitution, to ensure the independence of judiciary.


7. Islamic Provisions:
Under 1956 Constitution of Pakistan, the state was declared as an Islamic Republic but in the original document of the 1962 Constitution, the word Islamic was deleted from the name of the Republic. This clearly indicates the underlying motive and the real spirit behind the constitution-making. It was due to severe popular reaction that the word “Islamic” was re-inserted.


8. Fundamental Rights:
The original document of the constitution did not include a list of fundamental rights. It was in the first amendment of the constitution in 1963, that these were included and made its part. The list of fundamental rights incorporated almost all the rights secured to its citizens by a modern state. It is worth remembering that public liberties become more secure when secured through constitution and made judiciable.


Failure of the Constitution of 1962


The period of President Ayub’s rule was a bit longer and outwardly appeared stable. But it was hollow from within as the political system was not based on political participation. The forces of disintegration continued to gain strength and ultimately the time approached when the people stood up against the government. The political parties were already active against the government and demanded the restoration of parliamentary system, direct elections and fundamental rights. The people of three provinces of West Pakistan, except Punjab, were against One Unit while most of the political parties also demanded its abolition. The critics of One Unit also joined hands with the forces of apposition to Ayub’s regime. Hence all the opponents of the government joined hands and organized demonstrations against the government. There were country-wide street demonstrations, with events of violence and terrorism, demanding the resignation of the government. Consequently, law and order situation deteriorated from bad to worst.

The political situation became more and more alarming and brought law and order situation at the verge of anarchy. President Ayub Khan announced the transfer of political authority to Yahya Khan, the Commander in Chief of the Armed Forces, who imposed Martial Law on 25th of March 1969. All the legislative Assemblies were dissolved and the constitution abrogated.
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Old Thursday, September 08, 2011
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Constitution of 1973



The National Assembly which was elected in 1970 had also to prepare a constitution for the country. For this purpose, it formed a committee in its session held on 17th April, 1972, comprising all the representatives of the parliamentary parties. The recommendations of the committee were finally approved on 10th April, 1973 and assented by the President on 12th April. The constitution was not implemented immediately as the formation of Senate was essential as a constitutional requirement. The constitution was enforced on 14th August, 1973.


Salient features of the Constitution


The name of the Republic, according to the Constitution, is Islamic Republic of Pakistan. The territories of Pakistan have been specified in the Constitution. The Federation consists of the Provinces of Punjab, Baluchistan, NWFP and Sindh, Islamabad (the Capital under the direct administration of the Federal Government), Tribal Areas and all the territories which would be included in future. As regards East Pakistan, it was laid down in the original document that the constitution would be amended to give participation to the people of that province when the imprints of foreign aggression would wither away. But the territory of East Wing was eliminated from the Federal Territory through 1st Amendment of the Constitution and Bangladesh recognized as an independent state.


1. Preamble:
Islamic ideology was given de-jure recognition preliminary in the form of Objectives Resolution of 1949 and later incorporated in the Preambles of all the Constitutions of the Republic.


2. Nature of the Constitution:
The Constitution of the 3rd Republic, like its previous counterparts, is written as its major part has been reduced to writing. It consists of 280 Articles classified into 12 chapters and six schedules. The constitution is partly flexible and partly rigid. The proposal to amend it can be initiated in any of the Houses of the Parliament. If ratified by two-thirds majority of both the Houses and later assented to by the President, the constitution stands amended.


3. Federal System:
According to the pattern of division of powers, as worked out within federal structure, one list deals with all such affairs on which the Parliament has the power to legislate, while the other known as concurrent list, includes all matters on which both central as well as Provincial legislatures are authorized to enact laws. All residuary powers, dealing with matters not included in any of the aforesaid lists, belong to the provincial governments.


4. Parliamentary Form:
In the original constitution of 1973, such a parliamentary structure was introduced as could ensure predominant position of Prime Minister which was theoretically in line with the basic principles of this system. The position of the president was that of a titular head and the intention of the Framers was to make this office ineffective in order to avoid a situation similar to the one which existed under 1956 Constitution.


5. Bi-Cameralism:
Under both the defunct constitutions of Islamic Republic of Pakistan, the central legislature was unicameral but bicameralism has been introduced in the 3rd republic. It is a common practice in almost all the federal states to keep two houses of the legislature in which the lower house is constituted on popular basis while the upper one represents the federating units on parity basis.


6. Independence of Judiciary:
Independence of Judiciary has been regarded indispensable for the enforcement of justice in a society. People can enjoy their rights and safeguards their interests effectively if the courts are free and impartial in dispensing justice.


7. Fundamental Rights:
The present constitution of Pakistan incorporates almost all the fundamental rights that were ensured under the defunct constitutions. These rights are to be enforced through superior courts. Neither the Parliament nor any provincial legislature is authorized to enact any law repugnant to fundamental rights; otherwise the Superior Courts have the power to declare such laws invalid.


8. Direct Method of Election:
The constitution of 1973 prescribes direct method of election to return the deputies to different legislative assemblies. But indirect method of election has been retained for the elections to the Senate. The underlying purpose seems to introduce different electoral base from that of the National Assembly so as to avoid duplication. Moreover, the Senate is expected to act as the guardian of the rights of the federating units, so the latter has been given the right to elect the Senators.


9. Economic Justice:
It has been reaffirmed in the constitution to implement a balanced economic system so as to eradicate all economic ills. It has been laid down in the Principles of Policy that government shall provide basic needs of life to all the citizens. For this purpose, private and public, both sectors have been given protection under the constitution.


10. Official Language:
Urdu has been prescribed as the national language. It has been made obligatory on the government to take proper steps for the introduction of Urdu as official language within fifteen years from the date of the commencement of the constitution.


11. Single Citizenship:
Dual citizenship exists in most of the federal states. Hence, rights and duties of citizens are determined by a federal constitution as well as under the constitutions of federating units. But all the citizens of Pakistan enjoy same rights and obligations in every part of the country. All rules relating to the citizenship are also governed by federal laws.


12. Holding of the Referendum:
The President is authorized to order for holding a referendum on any issue of national importance on his own initiative or on the advice of the Prime Minister.
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Important Amendments in 1973 Constitution



First Amendment
May 4, 1974
It amended Articles 1, 8, 17, 61, 101, 193, 199, 200, 209, 212, 250, 260 and 272, and the First Schedule of the Constitution of Pakistan.

The amendment to Article 1 redefined the boundaries of Pakistan and removed references to East Pakistan after the recognition of Bangladesh by Pakistan.


Second Amendment
September 21, 1974
A person who does not believe in the absolute and unqualified finality of the Prophethood of Holy Prophet Muhammad (PBUH) the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after Holy Prophet Muhammad (PBUH), or recognises such a claimant as a Prophet or a religious reformer, is not a Muslim for the purposes of the Constitution or law.


Seventh Amendment
May 16, 1977
Insertion of new Article 96-A, in the Constitution.
Referendum as to confidence in Prime Minister:

(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum, he may advise the President to cause the matter to be referred to a referendum in accordance with law made by Parliament.

(2) The law shall provide for the constitution of a Referendum Commission and the manner and mode of holding a referendum.

(3) The President shall call upon the Referendum Commission to conduct a referendum amongst the persons whose names appear on the electoral rolls.

(4) Any dispute arising in connection with the counting of votes at a referendum shall be finally determined by the Referendum Commission or a member thereof authorised by it. And no dispute arising in connection with a referendum or the result thereof shall be raised or permitted to be raised before any Court or other authority whatsoever.

(5) If, on the final count of the votes cast at the referendum, the Prime Minister fails to secure majority of the total votes cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation within the meaning of Article 94 of the Constitution of Pakistan.


Eighth Amendment
November 11, 1985
It amended articles 48, 51, 56, 58, 59, 60, 75, 90, 91, 101, 105, 106, 112, 116, 130 and 144, omitted articles 152- A and added 6th schedule. However, the most important amendment was that of article 58.

The President may also dissolve the National Assembly in his discretion, where, in his opinion:
(a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose; or

(b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.”

Article 58 2(b), which granted the discretionary power to dissolve the National Assembly, was invoked three times in the 1990s:-
- by President Ghulam Ishaq Khan against Prime Minister Benazir Bhutto on August 6, 1990,

- by President Ghulam Ishaq Khan against Prime Minister Nawaz Sharif in 1993 and

- by President Farooq Ahmad Khan Leghari against Prime Minister Benazir Bhutto in November 1996.

In the second instance, Prime Minister Nawaz Sharif was reinstated by the Supreme Court, but the resulting stalemate ended with the resignations of both Ghulam Ishaq Khan and Prime Minister Nawaz Sharif. The use of Article 58 2(b) was almost exclusively justified by the President as necessary, for the removal of corrupt governments that, it was asserted, had lost the confidence of the people. Elections were held each time that caused the ruling party to lose its majority or plurality in the National Assembly.


Twelfth Amendment
July 28, 1991
Addition of new Article 212-B in the Constitution.
Establishment of Special Court and Supreme Appellate Courts for trial of heinous offences:

In order to ensure speedy trial of cases of persons accused of such of the heinous offences specified by law as are referred to them by the Federal Government, or an authority or person authorised by it, in view of their being gruesome, brutal and sensational in character or shocking to public morality, the Federal Government may by law constitute as many Special Courts and Supreme Appellate Courts as it may consider necessary.

A Special Court and a Supreme Appellate Court shall decide a case or, as the case may be, an appeal within 30 days.

(Article 212-B shall cease to be a part of the Constitution after three years).


Thirteenth Amendment
April 4, 1997
The 13th Amendment stripped the President of the power to dissolve the National Assembly and call for new elections, effectively reducing the Presidency to a ceremonial figurehead.


Fourteenth Amendment
July 4, 1997
Addition of new Article 63A in the Constitution.
“63A Disqualification on ground of defection, etc.”

(1) A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party, or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing:

(a) commits a breach of party discipline which means a violation of the party constitution, code of conduct and declared policies, or

(b) votes contrary to any direction issued by the Parliamentary Party to which he belongs, or

(c) abstains from voting in the House against party policy in relation to any Bill.

(2) Where action is proposed to be taken under clause (1), sub-clause (a), the disciplinary committee of the party, on a reference by the head of the party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days.

In the event the decision is against the member, he can file an appeal, within seven days, before the head of the party, whose decision thereon shall be final.

In cases covered by clause (1), sub-clauses (b) and (c), the declaration may be made by the head of the party concerned after examining the explanation of the member and determining whether or not that member has defected.

(3) The presiding officer of the House shall be intimated the decision by the head of the political party in addition to intimation which shall also be sent to the concerned member. The presiding officer shall within two days transmit the decision to the Chief Election Commissioner.

The Chief Election Commissioner shall give effect to such decision within seven days from the date of the receipt of such intimation by declaring the seat vacant and amend it under the schedule of the by-election.


Fifteenth Amendment
Addition of new Article 2B in the Constitution.
Supremacy of the Quran and Sunnah:

(1) The Holy Quran and Sunnah of the Holy Prophet (PBUH) shall be the supreme law of Pakistan.

(2) The Federal Government shall be under an obligation to take steps to enforce the Shariah, to establish salat, to administer zakat, to promote amr bil ma'roof and nahi anil munkar (to prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to provide substantial socio-economic justice, in accordance with the principles of Islam, as laid down in the Holy Quran and Sunnah.


Sixteenth Amendment
August 5, 1999
Article 27 of the Constitution provides safeguards against discrimination in services. In order to provide opportunity and representation to all classes of persons and areas in services. The 16th Amendment meant to increase the duration of provincial quota system from 20 years to 40 years and thus it is applicable upto 2011.


Seventeenth Amendment
December 2003
This amendment made many changes to the Constitution. Many of these changes dealt with the office of the President and the reversal of the effects of the 13th Amendment.

Important points of this amendment are:
• President Musharraf's Legal Framework Order (LFO) was largely incorporated into the constitution, with a few changes.

• Article 63(1)(d) of the Constitution to become operative after December 31, 2004. The intent of this was to prohibit a person from holding both a political office (such as that of the President) and an "office of profit" - an office that is typically held by a career government servant, civil or military - such as the office of the Chief of Army Staff. Although this was supposed to separate the two types of office, a loophole - ".. other than an office declared by law .." - allowed Parliament to pass an ordinary law later in 2004 - permitting the President to hold on to the office of Chief of the Army Staff, an option that President Musharraf then exercised.

• Should the President win a majority in a vote of confidence in the electoral college within 30 days of the passage of this amendment, he shall be deemed to be elected to the office of President. (On January 1, 2004, Musharraf won 658 out of 1,170 electoral-college votes - a 56 per cent majority - and was thereby deemed to be elected president.)

• The President regains the authority to dissolve the National Assembly - and thus effectively to dismiss the Prime Minister - but the power to do so is made subject to an approval or veto by the Supreme Court of Pakistan.

• A Governor's power to dissolve a provincial assembly is similarly subject to Supreme Court approval or veto.

• Article 152A, which dealt with the National Security Council (NSC), was annulled. (The legal basis for the NSC is now an ordinary law, the National Security Council Act of 2004.)

• Ten laws had been added by the LFO to the Sixth Schedule, which is a list of "laws that are not to be altered, repealed or amended without the previous sanction of the President." After this amendment, five of those laws will lose their Sixth Schedule protection after six years. Laws to be unprotected include four laws that established the system of democratic local governments.

(Those in favour of this change have argued that it would enable each province to evolve its own systems. Opponents fear that authoritarian provincial governments could disempower or even dismantle the system of local democracies.)


Eighteenth Amendment
April 19, 2010
The 18th Amendment aimed at removing the power of the President to dissolve the Parliament unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber Pakhtunkhwa.

The package is expected to counter the sweeping powers amassed by the Presidency under former Presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan. The 'historic' bill reverses many infringements on Constitution over several decades by its military rulers.

Omission of clause (b) of article 58:
Dissolution of the National Assembly.

(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of 48 hours after the Prime Minister has so advised.

(2) The President may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.

270AA. Declaration and continuance of laws, etc:
The Proclamation of Emergency on October 14, 1999, the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.1″ of 2000), Chief Executive’s Order No. 12 of 2002, Chief Executive’s Order No. 19 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002), are declared as having been made without lawful authority and of no legal effect.

All other laws including President’s Orders, Acts, Ordinances, Chief Executive’s Orders, regulations, enactments, notifications, rules, orders or bye-laws made between October 12, 1999, and October 31, 2003, continue to be in force until altered, repealed or amended by the competent authority.

Source: JWT; Vol/5, Issue/VI, March/11
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The President



The President is the head of the state and has been regarded as the chief spokesman of the republic. He is constitutionally the repository of the highest administrative authority of the federation which he can exercise in his own discretion or on the advice of the Prime Minister. Under the constitutional arrangements, balance has been maintained between the powers of the President and that of the Prime Minister, whereas in the original constitution, President has no effective say in the federal administration.


Qualifications:
1. He must be a Muslim.

2. He should not be less than forty-five years of age.

3. He must be qualified to be elected as member of the National Assembly.


Election:
The President is to be elected by both Houses of the Parliament in a joint session and by the members of all the Provincial Assemblies. Hence, the method of election is indirect while the legislative bodies are to act as Electoral College. In case the office becomes vacant due to the death or resignation of the President, the new President shall be elected within thirty days.


Tenure:
The term of the office of the President is five years and he can be re-elected for another term but third term in succession has been disallowed. The President can also be removed prior to the termination of his tenure.


Limitations:
The President-elect cannot remain a member of the Parliament or that of a Provincial Assembly. In case a member of any Assembly is elected as President he has to resign from the membership. Under the constitution, he is not entitled to hold an office of profit in the service of Pakistan.


Privileges:
No criminal case can be registered in any court against the President in office, nor is any Court authorized for prosecution leading to his arrest. The President is also exempted from all civil proceedings in a civil court.


Powers of the President


The President was supposed to act as a constitutional head in the original constitution while Prime Minister virtually enjoyed all administrative powers. Hence the President has no discretionary authority and was expected to act only on the advice of the Prime Minister.

1. Executive Powers:
The President is the repository of the supreme executive authority of the federation which shall be exercised on the advice of the Prime Minister and his Cabinet.


a) Formation of Cabinet:
The most important function of the President is to appoint the Prime Minister. He invites the leader to form the Cabinet who commands the confidence of the majority of the National Assembly. The choice of the President regarding his nomination of Prime Minister has been curtailed so as to avoid his undue interference in practical politics. The President shall appoint other ministers on the advice of the Prime Minister. As a matter of fact, the formation of the Cabinet is the sole responsibility of the Prime Minister. The Prime Minister and his cabinet colleagues shall remain in offices at the pleasure of the President. But the President can remove them only when he thinks that they have ceased to command the confidence of the majority in the National Assembly. He may ask the Prime Minster to get vote of confidence in the House. If the Prime Minister fails to do this, the Cabinet has to resign.


b) Discretionary Powers:
The President is authorized to ask the Cabinet to review its policy on a particular matter. It includes even such matters which have not been considered by the Cabinet, but dealt with by the Prime Minister or by any other minister. In the performance of his functions, the President can seek the advice of the Prime Minister or that of any other minister but is not bound to act accordingly.


c) Appointment:
In addition to the appointment of the Prime Minister and that of other ministers, the President also appoints a number of superior administrative officers. Appointments of ambassadors to different countries and that of the Chief Election Commissioner, judges of superior courts fall within the discretionary powers of the President. The latter appoints the Provincial Governors, after consultation with the Prime Minster. He can negotiate treaties with foreign nations. Being the supreme commander of the armed forces, he has to appoint Chief of Staff of all the three forces in addition to the appointment of Chairman of Joint Chiefs of Staff Committee in consultation with the Prime Minister.


2. Legislative Role:
The highest legislative authority in the country is the President in Parliament. The President can summon, prorogue and even dissolve the National Assembly, ut the Senate cannot be dissolved. He can send special messages to any of the Houses of the Parliament conveying his proposals regarding any bill and the House are bound to consider it. The President can thus influence legislation.


Approval of the Bills:
All the bills passed by the Parliament got to be approved by the President. After the passage of a bill in both Houses of the parliament, it is sent to the President for his assent. The President within 30 days shall either assent to the bill or send it back to the House of its origin for revision. In case both Houses of the Parliament again pass that bill in a joint session by a simple majority vote, the President is bound to give his approval. Hence, the supremacy of the Parliament has been recognized at least in legislation.


3. Judicial Powers:
The President shall appoint Chief Justice and other judges of the Supreme and High Courts but he has to consult the respective Provincial Governor while making appointment of the Judges of the High Court. The President is fully empowered to grant pardon, reprieve or clemency. Any action of the President regarding the use of his constitutional powers can not be challenged in any court.
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Old Saturday, September 10, 2011
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Prime Minister



Prime Minister enjoys a very important position in the Cabinet and being an important advisor of the President, the whole administrative machinery revolves around him. He is, on the one hand, Chief of the administration and on the other hand, leader of the House.


As Head of the Cabinet
Prime Minister is the head of the Cabinet and in this capacity he supervises the working of different governmental departments and also coordinates their activities. He has final say in regard to the formation of the Cabinet, as he prepares a list of the ministers to be submitted for its approval by the President. He can ask any minister to resign and in all Cabinet meetings his opinion weighs heavily. He resolves all differences between his Cabinet members and maintains homogeneity.


As Leader of the House
Being the leader of the majority party in National Assembly, the Prime Minister is regarded as leader of the House. In this capacity he issues important statements regarding policy matters, he remains in close contact with the leader of the opposition to decide different matters relating to agenda and the business of the House. It is on the advice of the Prime Minister that the President normally summons, prorogues and is supposed to dissolve the National Assembly.


As a National Leader
Once appointed as Prime Minister, a person ceases to be a mere party leader, he rather becomes the leader of the nation. His speeches carry weight, ideas propagated and opinion held in esteem. Not only the national press but international press also gives full coverage to his view point. People highly honor his opinion on national issues and look at him for guidance. He enjoys a unique position to mould public opinion through his much publicized speeches.


Link between President and the Cabinet
The constitution requires that the Prime Minister should act as a link between the Cabinet and the President. As all the powers of federal government, legally speaking, are exercised in the name of the President, it is, therefore, duty of the Prime Minister to keep the President informed about all important policy matters. No doubt, every federal minister as incharge of a portfolio, has direct access to the President, it is the Prime Minister who keeps direct links with the President.
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The Parliament



In modern political systems, the legislative branch enjoys somewhat superior position over the other two branches of government, as it reflects the will of the political sovereign. In a parliamentary set-up the legislature is regarded as supreme law-making body on the one hand, and a repository of executive power on the other.

It was in the interest of the provinces to introduce bicameralism in which the upper chamber would represent the federating units on parity basis. Parity of representation in one chamber was thought to act as an important safeguard to preserve provincial autonomy. Another advantage of bicameralism is that the popular trends are let known after short intervals, as the election to both the chambers of Parliament are held at different times. In the form of Senate, a permanent Chamber has been provided in which complete change in it membership shall not take place, as half of its members are elected every three years. The quality of the membership of Senate is expected to be comparatively superior as most competent persons, who may not become members of the National Assembly, due of non-involvement in practical politics, can be elected to the upper chamber due to its limited electoral constituency. Hence, the nation can utilize the services of most talented persons.


National Assembly


Lower House of the Parliament is known as National Assembly. Duration of National Assembly is five years. Nevertheless, in the package of proposals, it was suggested to minimize its tenure. It is to be noted that in the recent past none of the assemblies had completed its normal duration with the exception of Assembly which worked in 2002-2007.


Powers of the National Assembly

1. Legislation
The National Assembly is fully authorized to legislate on all matters enumerated in federal and concurrent lists. It enjoys exclusive power to legislate on matters in respect of federal list, while Provincial Assemblies also enjoy powers to enact on concurrent affairs. Nevertheless, supremacy of National Assembly has been secured even in concurrent affairs as the laws of the Parliament shall prevail and provincial laws stand invalid in case of clash between both the laws.


2. Control over the Executive
The Prime Minster and all of his ministers are the members of either House of the Parliament. The whole Cabinet is accountable to the Parliament for all executive decrees, actions and policies that have been made by the President on the advice of the Prime Minister. The National Assembly can remove the Cabinet by passing a vote of no-confidence against it.


3. Financial Control
Modern legislatures exercise effective control over finance in a democratic system. The money bills originate in the lower House, in case of bicameral legislature and it exercises effective control in fiscal matters. Under the present constitutional system, National Assembly wields effective control over the purse of nation, as no amount can be spent without its sanction and no revenue collected without its authorization. The members of National Assembly exercise control over fiscal policy by criticizing the estimates for raising funds and demands for grants.


4. Judicial Powers
Parliament is empowered to prescribe the number of judges of the Supreme Court hence it can bring changes in the organization of the court. It enjoys also a quasi-judicial power to impeach the President, and remove him from the office on the basis of gross misconduct or mental or physical unfitness.


5. Amendment in the Constitution
Parliament can amend the constitution. Accordingly, a bill aiming at amendment can be initiated in any one House of the Parliament, and after having been passed by both Houses it is sent for Presidential assent. Further, any proposal aiing at the alterations in the boundaries of any province got to be ratified by the Provincial Assembly concerned by two-thirds majority.


Miscellaneous Powers
To ventilate public grievances, is an important function of a modern legislature. The deputies draw the attention of the public officials to the problems faced by the people through asking questions or criticizing public policies. The members can effectively control the ministers in case the latter remain present on the floor of the Chamber.

The Parliament also acts as a useful training center in which the most competent parliamentarians can distinguish themselves by virtue of their performance. A member of higher intellectual caliber and political sagacity can easily demonstrate his capabilities on the floor of the House; and such distinguished members can be included in the Cabinet. Undoubtedly, the role of a Parliament in the success of democracy is of vital importance.


Speaker and Deputy Speaker


The newly elected National Assembly, in its very first session, shall elect a Speaker and a Deputy Speaker from amongst its members. Before assuming the duties, both shall take the oath of their respective offices. Deputy Speaker shall preside over the meetings of National Assembly during the absence of Speaker. In case the former is also absent, any other member, according to the rules of procedure of the House, shall perform Speaker’s functions. Both, Speaker and Deputy Speaker, are not entitled to preside over the session in which a motion aiming at their removal is under consideration.


Functions:
1. The Speaker of the National Assembly presides over the meetings of the Assembly and is responsible for the maintenance of law and order in the House. While performing this function he enjoys enormous powers. He can issue warning to a member who defies the established rules, and even suspend the proceedings


2. He revolves the issues in the light of the usages on which there are no explicit rules. The Speaker also gives his rulings on point of order.


3. While presiding over the meetings, the Speaker effectively controls the deliberations. All the questions to be asked from the Ministers are to be addressed to the Speaker and the latter is fully authorized to reject any of these questions.


4. The members take part in the deliberations and take the floor on the permission by the Speaker. The latter can order for omission of unparliamentarily remarks from the proceedings. He can obstruct any member from using objectionable language in his speech.


5. The Speaker enjoys the executive power to select any of the amendments proposed by the members, for submission in the House. He is also fully authorized to reject or accept any of the motion.
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Old Monday, September 12, 2011
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The Senate



Senate has been formed for the first time under the present constitutional set-up, as the previous legislatures under both the defunct Constitutions of Islamic Republic of Pakistan were unicameral.

The formation of Senate has the definite advantage of ensuring effective representation of all the provinces in the central legislature to their fullest satisfaction due to the parity of representation. Both chambers may also act as a check on each other. As a matter of fact, concentration of all legislative authority in one House of legislature may lead to legislative autocracy. Thorough examination of a bill and more effective deliberation is possible during the legislative process on account of the presence of upper chamber. An issue can be exhaustively crystallized when it is examined by two different chambers. The senate shall also perform its traditional role, viz, revision of bills sent by the National Assembly and rendering its proposals.

Senate is a permanent Chamber which cannot be dissolved. Half of its members shall be replaced after every three years, after having completed their six years term. Complete change in the total membership, occurs at no stage; rather continuity in the membership is its novel feature.


Chairman and Deputy Chairman


Chairman and Deputy Chairman are elected by the Senate for three years from amongst its members. In the absence of both the office bearers, new one shall be elected. It is to be noted, that both are elected after every three years at the time of the reconstitution of the Senate. The functions and powers of the Chairman are similar to the ones performed by the Speaker of National Assembly. If the President of Pakistan is unable to perform his functions due to absence from the country or any other ground, Chairman of the Senate shall work as Acting President.


Powers of the Senate

In most of the federal states, legislatures are bicameral. The presence of an upper chamber has been regarded as an effective safeguard to protect the interests of the smaller federating units against the encroachment on their rights by the bigger ones. It is to be noted, that in a federation, the upper chamber is constituted normally on the basis of parity of representation.


1. Legislative Powers
According to the Eighth Amendment of the Constitution, both the Houses of Parliament have almost equal powers. Hence, bills can be initiated in any of the Houses with the exception of money bills which originate in National Assembly exclusively. In the original constitution, the bills relating to the first part of the federal list, could be introduced only in National Assembly but at present no such discrimination has been preserved in respect of ordinary legislation. Consequently, Senate can legislate, with the co-operation of National Assembly, on any matter expressed in the federal or concurrent list.


2. Financial Legislation
The National Assembly enjoys monopoly in respect of fiscal legislation while the Senate has been deprived of direct role to this effect. All the money bills originate in National Assembly and it has the ultimate power over the fate of such bills. It is the function of the Speaker to declare a bill as money bill. Senators can exert indirect influence in shaping financial legislation by passing resolutions or through criticizing the policies of the government.


3. Control over the Executive
According to a constitutional requirement, at least one-fourths of the ministers are to be taken from the Senate. The ministers remain present in this Chamber and the Senators can ask questions concerning their respective portfolios.


4. Judicial Powers
The Senate, along with National Assembly, can legislate on all matters relating to the organization of judiciary. It also shares with National Assembly the power to impeach the President.


Conclusion:
In financial matters National Assembly still enjoys superior powers. It is laid down that after the passage of money bills in National Assembly, these shall be sent to the Senate for consideration. The Senate shall consider and review such bills within seven days. The approval of Senate regarding financial bills has not been made obligatory. Exhaustive deliberations on any bill are possible and its drawbacks frequently pointed out, as the fate of government is not involved in this Chamber.

Moreover, strict party discipline does not exist in this Chamber and the issues can be thrashed and examined in a free atmosphere over and above party affiliations. Permanence and continuity in its membership is another distinct feature. But for the success of parliamentary system requires that it should not become rival of the popular chamber, it is rather expected to uphold political values of parliamentary democracy.
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Old Wednesday, December 16, 2015
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araain,, can u send these notes in pdf form if possible?
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