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Constitutional Law Notes and Topics on Const Law |
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How Bill becomes Law in Pakistani Parliamentary system
How Bill becomes Law in Pakistani Parliamentary system
Bill: A bill is proposed law under the consideration of legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an Act or Statute. Bills can be presented by the Member of Parliament in both the lower house (National assembly) and the upper house (Senate). Bills need majority of the parliament to be approved. When National assembly passes some bill it is then sent to Senate by the speaker of the national assembly and after the approval of the Senate, these bills are sent for the approval of the president. When the president signs these bills, they become act or law or statute. However it is to be kept in mind that if president reject some bills they come back to the parliament and then need 2/3 majority to be passed again. If the bill gets 2/3 majority then the president is bound to sign that bill and if the bill fails to get 2/3 majority, the life of that bill gets over. Bills can be produced both in upper and lower chambers of the parliament but the senate cannot produce and pass the money bills. The higher judiciary also reserves the rights of explanation and looking of the bills that whether they are according or in conflict to the constitution. Bills are of two types. 1: Simple Bills or Institutional Bills. 2: Constitutional amendment Bills. 1: Simple or Institutional Bills: These types of Bills are usually presented to make some laws under the provisions of the constitution. These bills are produced according to Constitution and no article or even a single word of the constitution is violated or proposed to be amended in these kinds of bills. These bills need a simple majority in the parliament to be passed and made laws. 2: Constitutional amendment bills: These bills are produced in the parliament in order to change or amend some part or some articles of the constitution. These bills need a minimum of 2/3 majority of the Parliament to be approved. And after the approval from both the chambers of the parliament by 2/3 majority, the bill is sent for the approval of the president and after his approval, the constitution is considered to be amended according to the bill. Parliamentary procedures: Preparation and initiation of the bills: Most legislation is initiated by the cabinet in the form of public bills. Individual members of the parliament may introduce private member bills to address specific or local concerns, such as the railways or local authorities. Bills regarding to some specific department are mostly initiated by the respective ministers. And they are then called government bills. A public or government bill is prepared by the ministers in the collaboration with his departmental experts. While preparing a bill, directions of the Prime minister and charter of the ruling party is considered. A bill prepared, is considered in the cabinet meeting supported by the whole cabinet. It is presented in legislature and when bill is passed into law, it proceeds to the president for approval. And after the presidential approval it becomes law. Different stages of the bills: Reading: Each bill is given three separate readings in each chamber of the parliament. In the first reading, the bill is presented without debate. After the bill is read the second time, the house debates the bill’s general principles. The bill then goes to a committee for thorough study, discussion and amendment. A standing committee is comprised of the members of that house. A committee is is to analyze the bill from all aspects. At the third reading the bill is presented to the house in its final form and vote is taken. If simple majority is favors the bill, it is considered as passed by that house. So there are two readings, committee stage and a third reading in each house. Role of other house (In Pakistan Senate): If bill is passed on the third reading, it is sent to the senate, where it goes through the same procedures of the readings and committee stage. If passed by the senate, the bill is sent to the president for approval, before becoming a law. If senate amends some of its parts then it must be passed from the National assembly again before sending it to the president. The senate can delay the bills for a period of 1 year but it cannot delay the money or financial bills for more than 30 days. One thing is important to be remembered that if the senate dismisses some bill passed by the National assembly, the bill can be passed again by the National assembly in the ongoing session and then it cannot be challenged in the senate but the bills that originates in the senate, seeks the approval of the national assembly and if National assembly rejects the bill then it cannot be passed again by the senate. Presidential Assent: According to the constitution of Pakistan, Bills only become law when signed by the president and the president is bound to approve the bills to become laws. But if the president thinks that some more matters should be addressed or some part of it should be amended, he rejects the bill and send it back to the parliament along with his observational notes. Then if the parliament considers the suggestions of the president and passes the bill according to the suggestions of the president the matter is resolved but if the parliament stand still on its decision then the parliament has to pass the bill by 2/3 majority and then the president is bound to sign that bill in order to make it a law. But the president cannot reject the constitutional amendment bills, because they are already passed by 2/3 majority in each of the houses. The End! |
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Now we'll see this procedure to be carried out by the new politicians in the legislatures.
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Have faith in ALLAH & you'll succeed |
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Sir can i get soft copy of constitution of Pakistan? would appreciate that.
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http://www.lawsofpakistan.com/consti...free-download/
You can download it from the above link http://www.google.com.pk/url<br /> ...81828268,d.ZWU This link is also a good source
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Have faith in ALLAH & you'll succeed Last edited by marwatone; Monday, December 15, 2014 at 03:53 PM. Reason: Posts merged. |
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constitutional law, general knowledge, pakistan affairs |
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