SlideShare a Scribd company logo
1 of 56
1
Group Members
–Mashif Mehboob (Group Leader)
–Muhammad Ali
–Rana Anees
–Raja Khan Nawab
–Sajjad/Rahoo Khan
–Hamid Mahmood
What is Separation Of Powers and
How is it Ineffective in Pakistan?
THEORY ON PRINCIPLES OF SEPARATION OF
POWERS AND THE CONCEPT OF CHECKS AND
BALANCES
INTRODUCTION
• Government is the agency through which the will of the sate is
formulated, espressed or realized.
• Power corrupts and absolute power corrupts absolutely.
• Concentration of authority degenerates into tyranny, corruption and
abuse of power.
• The function of the state are performed by the government through its
three branches-legislature, executive and judiciary.
• These three organs represent the people and their will in our country
and are responsible for the smooth running of democratic government
in our country.
• All the branches of the government have equal importance and
functions. So the great thinkers thought that each branch of the
government hold be made independent of the other for this concept of
separation of power was introduced.
• Jean bodin(1530-1596) the French publicist was the first modern writer
to demand a separation of power.
• Though the history of the doctrine of separation of powers is
traceable to ancient times of Aristotle and 16th and 17th century
philosophers such as John Bodin and Locke.
• It was the French Jurist, Montesquieu who gave it a systematic and
scientific formulation. In his book “Espirit De Lois”(the spirit of laws)
Montesquieu ,for the first time, extensively discussed the doctrine and
its form.
• According to Monstesquieu’s theory of separation, it means that no
one person or body should be vested with all three types of powers.
• In every state there are three kinds of powers,
1. The Legislative Power
2.The Executive Power
3.The Judicial Power
• There must be a division of functions on the following basis: the
legislature should make laws not enforce or administer them, the
executive must administer the made laws but neither influence the
legislature in the making of the laws nor stand in the judgement of
the same and the judiciary must determine rights and uphold justice
without taking over the functions of law making or administration.
MONTESQUIEU’S THEORY OF
POWER OF SEPARATION
• He further said that such separation is
necessary I order to ensure that justice does
not become arbitrary and capricious.
• Montesquieu states that “when the
legislature and the executive powers are
united in the same persons or in the same
body of magistrates there can be no liberty ,
because apprehensions may arise , lest the
same monarch or separate should enact
tyrannical laws.”
• There is no liberty if the judicial power is not
separated from the legislative and executive.
• No concentration of powers.
• Diffusion of power is needed.
• In short, the theory of separation of powers
merely means that a different body of
persons is to administer each of of the three
departments of government and that no one
of them is to have a controlling power over
either of them.
• Such a separation is necessary for the
purpose of preserving the liberty of the
individual and for avoiding tyranny.
PRINCIPLES OF THEORY OF
SEPARATION OF POWERS
• It aims at individual liberty. It is a safeguard against
despotism.
• Its basic principle that concentration of power s leads to
dictatorship is true for all time and ages.
• The separation of powers saves the people from arbitrary
rule of executive
• This theory lays down the principle that governments
should act according to well established rules or laws.
• Each organ acts a check upon others.
• It is desirable for maintaining the efficiency in the
administration.
IMPORTANCE OF THEORY OF
SEPARATION OF POWERS
Why is separation of powers
important?• Democratic government is characterised by the separation
of powers.
• There are ‘checks and balances’ within our political system
that limit the power of each branch in order to prevent the
abuse of power.
• Firstly, it ensures that the different branches control each
other. This is intended to make them accountable to each
other – these are the ‘checks’;
• Secondly, the separation of powers divides power between
the different branches of government – these are the
‘balances’. Balance aims to ensure that no individual or
group of people in government is ‘all powerful’. Power is
shared and not concentrated in one branch.
• That is why we also often refer to the ‘separation and
balance of powers’.
CRITICISM.
• It is not desirable because if there is complete
separation of powers , the different organs of the
government will not be able to work in co-operation
and harmony. As a result ,there would be frequently
deadlocks which may bring the governmental
machinery to a standstill.
• According to Mill, ”the separation of powers will result
in a clash between the three organs of government, as
each one will take interest only in its own powers”.
• If all branches are made separate and independent of
each others, each branch will try to safeguard its
powers and will not protect the powers of other
branches. In such case administrative efficiency
cannot be attained
CRITICISM.
• The theory of separation of powers makes a
mistake in assuming that the three branches of
government are equally powerful and can be
independent of one another.
• The growth of administrative adjudication is
another redevelopment which is against the
doctrine of separation o f powers. The
executive is being vested with judicial powers a
swell as other duties otherwise the officers do
not feel secure while performing their duties.
Clear Distinctions
• The separation of powers is also reflected in the
fact that certain functions must not be exercised
by one and the same person. Thus, the Federal
President cannot at the same time be a Member
of the National Council, or a judge who is
appointed Minister or elected to be a Member of
the National Council must be temporarily
suspended from his/her judicial duties.
Role ofLegislature
• The legislative branch of government is
responsible for enacting the laws of the state,
supervising their implementation and
appropriating the money necessary to operate
the government. The Government has to justify
itself to Parliament in respect of everything it
does or causes the administration to do.
• Jinnah saying:
• "you are now a sovereign legislative body and
you have got all the powers. It, therefore, places
on you the gravest responsibility as to how you
should take your decisions".
National Assembly
• Work of NA is to make laws and do work for
the public welfare.
• Senate
• The Senate is the second chamber of the
Parliament. It is independent from, and
complements the work of, the National Assembly.
The Senate shares the task of making and shaping
laws and checking and challenging the work of the
government.
Role of Executive
• The executive branch is responsible for
implementing and administering the public
policy enacted and funded by the legislative
branch. The executive branch has the task of
implementing laws. It comprises the Federal
Government, the Federal President and all
federal authorities including the police and
the armed forces.
NAB
• The National Accountability Bureau is an
autonomous and constitutionally established federal
institution responsible to build efforts against
corruption and prepare critical national economic
intelligence assessments against economic terrorism
to the Government of Pakistan.
FIA
• The Federal Investigation Agency is a border control,
counter-intelligence and security agency under the
control of the Interior Secretary of Pakistan, tasked
with investigative jurisdiction on undertaking
operations against terrorism, espionage, federal
crimes, ...
IB
• Work Profile of IB Intelligence Officers (ACIO) It is a
security agency so your job is related to the security
subject at national and central level. Usually, the
newly recruited candidates are posted on border
areas for the limited duration of time.
• Police
• As a police officer you'll work in partnership with
the communities you serve to maintain law and
order, protect members of the public and their
property, prevent crime, reduce the fear of crime
and improve the quality of life for all citizens.
Army
• It is to ensure the national security and
national unity of the country by defending it
against external aggression.
Role of Judiciary
• The judicial branch is responsible for
interpreting the constitution and laws and
applying their interpretations to controversies
brought before it.
• Judges administer justice, viz. they decide
disputes independently and impartially. It is
their task to ensure that laws are complied
with.
• Its main principle to eradicate
powers from one hand.
Separation of Powers And our
Constitution
• Executive:
• Article 41: 1) There shall be a President of Pakistan who
shall be the Head of State and shall represent the unity
of the Republic.
• 43 (2) The President shall not be a candidate for
election as a member of [Majlis-e-Shoora (Parliament)]
or a Provincial Assembly; and , if a member of [Majlis-
e-Shoora (Parliament)] or a Provincial Assembly is
elected as President, his seat in 1 [Majlis-e-Shoora
(Parliament)] or, as the case may be, the Provincial
Assembly shall become vacant on the day he enters
upon his office.
Separation of Powers And our
Constitution
 48.(1) In the exercise of his functions, the
President shall act [on and] in accordance with
the advice of the Cabinet [or the Prime Minister].
58(2)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."with the consequence of dismissing
the Prime Minister and his or her Cabinet.
8th & 13th ammendment.
Separation of Powers And our
Constitution
• 91 (7 ) The Prime Minister shall hold office
during the pleasure of the President, but the
President shall not exercise his powers under
this clause unless he is satisfied that the Prime
Minister does not command the confidence of
the majority of the members of the National
Assembly, in which case he shall summon the
National Assembly and require the Prime
Minister to obtain a vote of confidence from
the Assembly.
Separation of Powers And our
Constitution
• 248.(1): The President, a Governor, the Prime
Minister, a Federal Minister, a Minister of
State, the Chief Minister and a Provincial
Minister shall not be answerable to any court
for the exercise of powers and performance of
functions of their respective offices or for any
act done or purported to be done in the
exercise of those powers and performance of
those functions
Separation of Powers And our
Constitution
Legislature:
50:There shall be a Majlis-e-Shoora
(Parliament) of Pakistan consisting of the
President and two Houses to be known
respectively as the National Assembly and the
Senate.
69:courts not to inquire into proceedings of
Majlis-e-Shoora .
Separation of Powers And our
Constitution
239:(5) No amendment of the Constitution shall be
called in question in any court on any ground
whatsoever.
75:President(b)
in the case of a Bill other than a Money Bill, return the
Bill to the Majlis-e-Shoora (Parliament) with a
message requesting that the Bill or any specified
provision thereof,be reconsidered and that any
amendment specified in the message be considered.
(2) the President shall give his assent within ten days,
failing which such assent shall be deemed to have been
given.
Separation of Powers And our
Constitution
• Judiciary:
• 175. Establishment and jurisdiction of
courts(1) There shall be a Supreme Court of
Pakistan, a High Court for each Province [and a
High Court for the Islamabad Capital Territory]
and such other courts as may be established
by law.
Separation of Powers And our
Constitution
• 175(3) he Judiciary shall be separated
progressively from the Executive.
• PLD 1994 SC 105
• The independence of judiciary means:
• That every judge is free to decide matters before
him in accordance with his assessment of the
facts and his understanding of the law without
improper influences, inducements or pressures,
direct or indirect, from any quarter or for any
reason; and
Separation of Powers And our
Constitution
• That the Judiciary is independent of the
executive and legislature, and has jurisdiction
directly or by way of review, over all issues of
a judicial nature.
Separation of Powers And our
Constitution
• 68:Restriction on discussion in Majlis-e-Shoora
• (Parliament) No discussion shall take place in
[Majlis-e-Shoora (Parliament)] with respect to
the conduct of any Judge of the Supreme
Court or of a High Court in the discharge of his
duties.
• Clarify the concept that actually exist in
Constitution.
How is it ineffective in Pakistan?
Judiciary in Contradiction to
concept of separation of powers
Judiciary in Contradiction to concept
of separation of powers
• The recent judicial activism is more or less a
new challenge for democracy.
• 1.8 Million Cases Pending.
• The history of judicial verdicts is not free of
biasness.
• Intervention of an institution in the domain of
another(judiciary, executive) has dualistic
affect.
Judiciary in Contradiction to concept
of separation of powers
• Whereas, at this critical moment of history,
when our country is facing both internal and
external conventional and unconventional
challenges.Would this power mongering
intervention serve in the best national interest
of the country? Obviously, not.
Judiciary in Contradiction to concept
of separation of powers
• 204(b):Contempt of Court
• scandalizes the Court or otherwise does
anything which tends to bring the Court or a
Judge of the Court into hatred, ridicule or
contempt.
• The criminal justice system of the country
helps the strong and wealthy against the weak
and poor.
• Article 10(a)
Judiciary in Contradiction to concept
of separation of powers
• As Montesquieu says, “There is no liberty, if
the judiciary power be not separated from the
legislative and executive. Were it joined with
the legislative, the life and liberty of the
subject would be exposed to arbitrary control;
for the judge would then be legislator. Were it
joined to the executive power, the judge might
behave with violence and oppression”.
Powerful beaurucracy and Army
Intervention
• Create a lot of problem in good governance.
• 5 Dictatorship Attacks on rule and order.
• Negates Separation of Powers concept.
• Asghar Khan Case and Pervaz Musharraf case.
• 23rd Amendment was passed to re-establish
the military courts for further two years till 6
January 2019.
Legislative process and powerful
executive in hurdle of applying
concept of separation of powers
1935 ACT
• In the beginning when Pakistan
came into being the legislator at
that time adopted 1935 act of
BRITISH gave full powers to
GOVERNOR GENERALS
1956 CONSTITUTION
• The First CONSTITUTION Of PAKISTAN
• Abolish the office of GOVERNOR
GENERAL and gave powers to the
PRESIDENT even dismissal of PM.
• 1962 CONSTITUTION was made in
accordance with the will of AYUB KHAN
and gave full powers to the PRESIDENT.
1973 CONSTITUTION
• This Constitution was Parliamentary
• Gave powers to the PM
• Later on different amendments in the
constitution reinforced decentralization of power
for smooth democratic transition.
• But 8th amendment in the CONSTITUTION
changed Pakistan's government from a
Parliamentary system to a Semi-presidential
system .
• Article 45
PRESIDENTIAL POWERS
17TH AMENDMENT to the
constitution of Pakistan.
18TH AMENDMENT
removed the power of
President to dissolve the
Parliament.
DICTATORSHIP
 AUTOCRACY
Supreme power is concentrated in the hands
of one person.
• 1958
• 1969
• 1977
• 1999
• Article 269: validation of law, acts, etc
Powerful Executive in all eras
• Since its inception Pakistan has endured the
vice regal system of governance-where
executive has always been the most powerful.
• Resultantly, dysfunctional institutions
emerged which led to political instability and
polarisation.
• This legacy has severely damaged the
democratic process in the country – even it
continues today without any interruption.
• Man who is minister is also legislative.
Political Pressure
• Throughout history of Pakistan ,the baron
class remains involved in legislation.
• The growth in public pressure groups can be
partially explained by a change in Pakistani
attitudes towards the Federal government.
• Danger for Independency of Institutions.
• More strong political groups, more threat to
instability of country.
WHAT HAPPENS IF ONE BRANCH GOT
ALL POWERS:
• 1)If one branch were somehow to usurp powers
from the other two,it would be able to act in any way
that it wanted.
• 2)For example; If somehow the president were to
gain the powers to rule by decree then he or she
would be able to make any laws he/she wanted
without having them objected/rejected by
parliament , senate or supreme court.
• 3)If this happens then the rights of the state, citizens
can be harmed and there is always a continuous
THREAT.
Policy Recommendation
THE DIFFERENCE BETWEEN
PARLIAMENTARY SYSTEM AND
PRESIDENTIAL SYSTEM:• The major difference between these two systems is that in
a Presidential system, the executive leader, the President, is
directly voted upon by the people (Or via a body elected
specifically for the purpose of electing the president, and
no other purpose), and the executive leader of the
Parliamentary system, the Prime Minister, is elected from
the legislative branch directly.
• In the Presidential System, it is more difficult to enact
legislation, especially in the event that the President has
different beliefs than the legislative body. The President
only responds to the people, the legislative branch can't
really do anything to threaten the President. As a result, he
can make it more difficult for the legislative body to do
anything.
THE DIFFERENCE BETWEEN
PARLIAMENTARY SYSTEM AND
PRESIDENTIAL SYSTEM:
• In the Parliamentary system, if the Parliament
doesn't like the Prime Minister, they can cast a vote
of no confidence and replace him. This tends to
make the executive leader subservient to the
Parliament.
• Bottom line is, if you believe that government
should have more checks and balances, then a
Presidential system will give you that. If you believe
that it should have the power to enact laws quickly,
then you should go for a Parliamentary system.
Policy Recommendation
• The solutions to the lack of parliamentary oversight on the
functioning of the government are not confined to amending the
constitution.
• Overall systems of accountability need to be revamped to ensure
that institutional instruments and arrangements are in place to
enable direct and indirect political, administrative and financial
accountability–both ways, involving the legislators and the
executive.
• In doing so decision makers must scope beyond the current narrow
ambit of accountability, as is being envisioned in the Accountability
Bill.
• In order to ingrain appropriate checks and balances, many relevant
institutions and instruments need to be restructured to address
administrative dysfunction, mismanagement and political
manipulation–all of which are pervasive in the system.
Conclusion
• Throughout history of Pakistan, the concept of
separation of power not adopted but now
situation is changing and after damages of long
period ,some time is required to attain this
equilibrium position.
• Constitution provides the separate role and
functions of the three institutions.
Unfortunately, judicial branch of the
government could not perform its role as an
independent institution.
Conclusion
• In sum therefore, two key instruments need to
be reshaped in order to institutionalize a
system of checks and balances between the
three pillars of the state; one, the Constitution
and two, a holistic accountability framework.
The potential within these norms–if
appropriately cascaded into implementation–
to shape the destiny of this country must not
be underestimated.
•
Thank you For your Attention
Question and Answers Session

More Related Content

What's hot

Constitution of 1956
Constitution of 1956Constitution of 1956
Constitution of 1956SHABBIR AHMAD
 
Shahbuddin commision its report
Shahbuddin commision its reportShahbuddin commision its report
Shahbuddin commision its reportAbdul Latif
 
constitution 1973 Islamic republic of Pakistan(2017) ppt
constitution 1973 Islamic republic of Pakistan(2017) pptconstitution 1973 Islamic republic of Pakistan(2017) ppt
constitution 1973 Islamic republic of Pakistan(2017) pptMalikSayriii
 
salient features of usa constitution
salient features of usa constitutionsalient features of usa constitution
salient features of usa constitutionaaqash ali
 
Constitutional devolopment in pakistan 1947 to 18th Amenment.
Constitutional devolopment in pakistan 1947 to 18th Amenment.Constitutional devolopment in pakistan 1947 to 18th Amenment.
Constitutional devolopment in pakistan 1947 to 18th Amenment.Dr Tahir Jamil
 
Presidential vs parliamentary Government
Presidential vs parliamentary GovernmentPresidential vs parliamentary Government
Presidential vs parliamentary GovernmentShivani Sharma
 
structure of federal government of pakistan
structure of federal government of pakistanstructure of federal government of pakistan
structure of federal government of pakistanRahat ul Aain
 
The doctrine of necessity and its application in pakistan
The doctrine of necessity  and its application in pakistanThe doctrine of necessity  and its application in pakistan
The doctrine of necessity and its application in pakistanWajid Ali Kharal
 
1962 constitution
1962 constitution1962 constitution
1962 constitutionAbdul Latif
 
Salient Features of Pakistan's Constitution
Salient Features of Pakistan's ConstitutionSalient Features of Pakistan's Constitution
Salient Features of Pakistan's ConstitutionShahbaz Cheema
 
Pakistan Constitutional Amendments
Pakistan Constitutional Amendments Pakistan Constitutional Amendments
Pakistan Constitutional Amendments MaherMubeen
 
Federal Structure of Pakistan Government
Federal Structure of Pakistan GovernmentFederal Structure of Pakistan Government
Federal Structure of Pakistan GovernmentZeeshan Murtaza Ali
 
Fourteen points of jinnah
Fourteen points of jinnahFourteen points of jinnah
Fourteen points of jinnahhaM xaH
 
Parliamentary system
Parliamentary systemParliamentary system
Parliamentary systemmahee tori
 
Sovereignty political science
Sovereignty political scienceSovereignty political science
Sovereignty political scienceasmamaqsood4
 
Constitutional development in Pakistan
Constitutional development in PakistanConstitutional development in Pakistan
Constitutional development in PakistanAmmaraAwanKhan
 

What's hot (20)

Constitution of 1956
Constitution of 1956Constitution of 1956
Constitution of 1956
 
Shahbuddin commision its report
Shahbuddin commision its reportShahbuddin commision its report
Shahbuddin commision its report
 
constitution 1973 Islamic republic of Pakistan(2017) ppt
constitution 1973 Islamic republic of Pakistan(2017) pptconstitution 1973 Islamic republic of Pakistan(2017) ppt
constitution 1973 Islamic republic of Pakistan(2017) ppt
 
salient features of usa constitution
salient features of usa constitutionsalient features of usa constitution
salient features of usa constitution
 
Constitution Of 1973
Constitution Of 1973Constitution Of 1973
Constitution Of 1973
 
Constitutional devolopment in pakistan 1947 to 18th Amenment.
Constitutional devolopment in pakistan 1947 to 18th Amenment.Constitutional devolopment in pakistan 1947 to 18th Amenment.
Constitutional devolopment in pakistan 1947 to 18th Amenment.
 
Presidential vs parliamentary Government
Presidential vs parliamentary GovernmentPresidential vs parliamentary Government
Presidential vs parliamentary Government
 
structure of federal government of pakistan
structure of federal government of pakistanstructure of federal government of pakistan
structure of federal government of pakistan
 
The doctrine of necessity and its application in pakistan
The doctrine of necessity  and its application in pakistanThe doctrine of necessity  and its application in pakistan
The doctrine of necessity and its application in pakistan
 
1962 constitution
1962 constitution1962 constitution
1962 constitution
 
Salient Features of Pakistan's Constitution
Salient Features of Pakistan's ConstitutionSalient Features of Pakistan's Constitution
Salient Features of Pakistan's Constitution
 
Federalism in Pakistan
Federalism in PakistanFederalism in Pakistan
Federalism in Pakistan
 
1973 constitution
1973 constitution1973 constitution
1973 constitution
 
Constitution of 1973
Constitution of 1973Constitution of 1973
Constitution of 1973
 
Pakistan Constitutional Amendments
Pakistan Constitutional Amendments Pakistan Constitutional Amendments
Pakistan Constitutional Amendments
 
Federal Structure of Pakistan Government
Federal Structure of Pakistan GovernmentFederal Structure of Pakistan Government
Federal Structure of Pakistan Government
 
Fourteen points of jinnah
Fourteen points of jinnahFourteen points of jinnah
Fourteen points of jinnah
 
Parliamentary system
Parliamentary systemParliamentary system
Parliamentary system
 
Sovereignty political science
Sovereignty political scienceSovereignty political science
Sovereignty political science
 
Constitutional development in Pakistan
Constitutional development in PakistanConstitutional development in Pakistan
Constitutional development in Pakistan
 

Similar to What is separation of powers and how is it ineffective in Pakistan?

Theory on principle of separation of powers
Theory on principle of separation of powers Theory on principle of separation of powers
Theory on principle of separation of powers Udisha Singh
 
Unit 2 Business environment - BBA Political institutions
Unit 2 Business environment - BBA Political institutionsUnit 2 Business environment - BBA Political institutions
Unit 2 Business environment - BBA Political institutionsMahendra Kumar Ghadoliya
 
Separation of power
Separation of powerSeparation of power
Separation of powerRayhan Mia
 
The three division of power in Nepal
The three division  of power in NepalThe three division  of power in Nepal
The three division of power in NepalAnurag Bhusal
 
Lesson 1 philippine politics and governance
Lesson 1 philippine politics and governanceLesson 1 philippine politics and governance
Lesson 1 philippine politics and governancekenny auxilio
 
Indian Constitution and Federal System
Indian Constitution and Federal SystemIndian Constitution and Federal System
Indian Constitution and Federal SystemBhargav Siras
 
Slide share philippine government ppt 62716
Slide share philippine government ppt 62716Slide share philippine government ppt 62716
Slide share philippine government ppt 62716Cashmir Pangandaman
 
Communication skills politics in india
Communication skills politics in indiaCommunication skills politics in india
Communication skills politics in indiaTanuj Parikh
 
Philippine Government.pptx
Philippine Government.pptxPhilippine Government.pptx
Philippine Government.pptxArvieGlenMercado
 
Indian polity by Legacy IAS Academy- Best IAS Coaching in Bangalore
Indian polity by Legacy IAS Academy- Best IAS Coaching in BangaloreIndian polity by Legacy IAS Academy- Best IAS Coaching in Bangalore
Indian polity by Legacy IAS Academy- Best IAS Coaching in BangaloreLegacy IAS Academy
 
PPT_Political Science - II - Unit 1 - Federal Form of Govt.ppt
PPT_Political Science - II - Unit 1 - Federal Form of Govt.pptPPT_Political Science - II - Unit 1 - Federal Form of Govt.ppt
PPT_Political Science - II - Unit 1 - Federal Form of Govt.pptChrisMumelo
 
Doctrine of separation of power
Doctrine of separation of powerDoctrine of separation of power
Doctrine of separation of powerarkei25
 

Similar to What is separation of powers and how is it ineffective in Pakistan? (20)

Theory on principle of separation of powers
Theory on principle of separation of powers Theory on principle of separation of powers
Theory on principle of separation of powers
 
Unit 2 Business environment - BBA Political institutions
Unit 2 Business environment - BBA Political institutionsUnit 2 Business environment - BBA Political institutions
Unit 2 Business environment - BBA Political institutions
 
Separation of power
Separation of powerSeparation of power
Separation of power
 
SoP.pptx
SoP.pptxSoP.pptx
SoP.pptx
 
The three division of power in Nepal
The three division  of power in NepalThe three division  of power in Nepal
The three division of power in Nepal
 
Constitution
ConstitutionConstitution
Constitution
 
Lesson 1 philippine politics and governance
Lesson 1 philippine politics and governanceLesson 1 philippine politics and governance
Lesson 1 philippine politics and governance
 
SOP presentation
SOP presentationSOP presentation
SOP presentation
 
1. The Constitution
1. The Constitution1. The Constitution
1. The Constitution
 
Indian Constitution and Federal System
Indian Constitution and Federal SystemIndian Constitution and Federal System
Indian Constitution and Federal System
 
Slide share philippine government ppt 62716
Slide share philippine government ppt 62716Slide share philippine government ppt 62716
Slide share philippine government ppt 62716
 
Communication skills politics in india
Communication skills politics in indiaCommunication skills politics in india
Communication skills politics in india
 
nature of constitution.pptx
nature of constitution.pptxnature of constitution.pptx
nature of constitution.pptx
 
Separation of Powers (1) (1).pptx
Separation of Powers (1) (1).pptxSeparation of Powers (1) (1).pptx
Separation of Powers (1) (1).pptx
 
Philippine Government.pptx
Philippine Government.pptxPhilippine Government.pptx
Philippine Government.pptx
 
Indian polity by Legacy IAS Academy- Best IAS Coaching in Bangalore
Indian polity by Legacy IAS Academy- Best IAS Coaching in BangaloreIndian polity by Legacy IAS Academy- Best IAS Coaching in Bangalore
Indian polity by Legacy IAS Academy- Best IAS Coaching in Bangalore
 
PPT_Political Science - II - Unit 1 - Federal Form of Govt.ppt
PPT_Political Science - II - Unit 1 - Federal Form of Govt.pptPPT_Political Science - II - Unit 1 - Federal Form of Govt.ppt
PPT_Political Science - II - Unit 1 - Federal Form of Govt.ppt
 
1-Lect-1.pdf
1-Lect-1.pdf1-Lect-1.pdf
1-Lect-1.pdf
 
Constitution.docx
Constitution.docxConstitution.docx
Constitution.docx
 
Doctrine of separation of power
Doctrine of separation of powerDoctrine of separation of power
Doctrine of separation of power
 

More from MashifMahboob

Void and Voidable Contract
Void and Voidable ContractVoid and Voidable Contract
Void and Voidable ContractMashifMahboob
 
Legal System of England
Legal System of EnglandLegal System of England
Legal System of EnglandMashifMahboob
 
Social Networking and Our Responsibility
Social Networking and Our ResponsibilitySocial Networking and Our Responsibility
Social Networking and Our ResponsibilityMashifMahboob
 
7 New Wonders of the World
7 New Wonders of the World7 New Wonders of the World
7 New Wonders of the WorldMashifMahboob
 
The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.
The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.
The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.MashifMahboob
 
Role of Technology in crime prevention.
Role of Technology in crime prevention.Role of Technology in crime prevention.
Role of Technology in crime prevention.MashifMahboob
 

More from MashifMahboob (6)

Void and Voidable Contract
Void and Voidable ContractVoid and Voidable Contract
Void and Voidable Contract
 
Legal System of England
Legal System of EnglandLegal System of England
Legal System of England
 
Social Networking and Our Responsibility
Social Networking and Our ResponsibilitySocial Networking and Our Responsibility
Social Networking and Our Responsibility
 
7 New Wonders of the World
7 New Wonders of the World7 New Wonders of the World
7 New Wonders of the World
 
The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.
The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.
The Great Rulers, Abdul Rehman III, Abraham Lincholn, Alaxendar The Great.
 
Role of Technology in crime prevention.
Role of Technology in crime prevention.Role of Technology in crime prevention.
Role of Technology in crime prevention.
 

Recently uploaded

citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicableSaraSantiago44
 
Right to life and personal liberty under article 21
Right to life and personal liberty under article 21Right to life and personal liberty under article 21
Right to life and personal liberty under article 21vasanthakumarsk17
 
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesAre There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesChesley Lawyer
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseRich Bergeron
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsRich Bergeron
 
Illinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guideIllinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guideillinoisworknet11
 
Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.2020000445musaib
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toirenelavilla52178
 
1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in SalesMelvinPernez2
 
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...Dr. Oliver Massmann
 
Choosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in TexasChoosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in TexasBrandy Austin
 
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptxThe Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptxgurcharnsinghlecengl
 
Labour legislations in India and its history
Labour legislations in India and its historyLabour legislations in India and its history
Labour legislations in India and its historyprasannamurthy6
 
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxSarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxAnto Jebin
 
PPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training CenterPPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training Centerejlfernandez22
 
Guide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxGuide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxjennysansano2
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxJFSB1
 
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksFinlaw Associates
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfssuser3e15612
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Rich Bergeron
 

Recently uploaded (20)

citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicable
 
Right to life and personal liberty under article 21
Right to life and personal liberty under article 21Right to life and personal liberty under article 21
Right to life and personal liberty under article 21
 
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesAre There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
 
Illinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guideIllinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guide
 
Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
 
1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales
 
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
 
Choosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in TexasChoosing the Right Business Structure for Your Small Business in Texas
Choosing the Right Business Structure for Your Small Business in Texas
 
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptxThe Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
The Punjab Land Reforms AcT 1972 HIRDEBIR.pptx
 
Labour legislations in India and its history
Labour legislations in India and its historyLabour legislations in India and its history
Labour legislations in India and its history
 
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxSarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
 
PPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training CenterPPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training Center
 
Guide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxGuide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docx
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptx
 
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
 

What is separation of powers and how is it ineffective in Pakistan?

  • 1. 1
  • 2. Group Members –Mashif Mehboob (Group Leader) –Muhammad Ali –Rana Anees –Raja Khan Nawab –Sajjad/Rahoo Khan –Hamid Mahmood
  • 3. What is Separation Of Powers and How is it Ineffective in Pakistan?
  • 4. THEORY ON PRINCIPLES OF SEPARATION OF POWERS AND THE CONCEPT OF CHECKS AND BALANCES
  • 5. INTRODUCTION • Government is the agency through which the will of the sate is formulated, espressed or realized. • Power corrupts and absolute power corrupts absolutely. • Concentration of authority degenerates into tyranny, corruption and abuse of power. • The function of the state are performed by the government through its three branches-legislature, executive and judiciary. • These three organs represent the people and their will in our country and are responsible for the smooth running of democratic government in our country. • All the branches of the government have equal importance and functions. So the great thinkers thought that each branch of the government hold be made independent of the other for this concept of separation of power was introduced. • Jean bodin(1530-1596) the French publicist was the first modern writer to demand a separation of power.
  • 6. • Though the history of the doctrine of separation of powers is traceable to ancient times of Aristotle and 16th and 17th century philosophers such as John Bodin and Locke. • It was the French Jurist, Montesquieu who gave it a systematic and scientific formulation. In his book “Espirit De Lois”(the spirit of laws) Montesquieu ,for the first time, extensively discussed the doctrine and its form. • According to Monstesquieu’s theory of separation, it means that no one person or body should be vested with all three types of powers. • In every state there are three kinds of powers, 1. The Legislative Power 2.The Executive Power 3.The Judicial Power • There must be a division of functions on the following basis: the legislature should make laws not enforce or administer them, the executive must administer the made laws but neither influence the legislature in the making of the laws nor stand in the judgement of the same and the judiciary must determine rights and uphold justice without taking over the functions of law making or administration. MONTESQUIEU’S THEORY OF POWER OF SEPARATION
  • 7. • He further said that such separation is necessary I order to ensure that justice does not become arbitrary and capricious. • Montesquieu states that “when the legislature and the executive powers are united in the same persons or in the same body of magistrates there can be no liberty , because apprehensions may arise , lest the same monarch or separate should enact tyrannical laws.” • There is no liberty if the judicial power is not separated from the legislative and executive.
  • 8. • No concentration of powers. • Diffusion of power is needed. • In short, the theory of separation of powers merely means that a different body of persons is to administer each of of the three departments of government and that no one of them is to have a controlling power over either of them. • Such a separation is necessary for the purpose of preserving the liberty of the individual and for avoiding tyranny. PRINCIPLES OF THEORY OF SEPARATION OF POWERS
  • 9. • It aims at individual liberty. It is a safeguard against despotism. • Its basic principle that concentration of power s leads to dictatorship is true for all time and ages. • The separation of powers saves the people from arbitrary rule of executive • This theory lays down the principle that governments should act according to well established rules or laws. • Each organ acts a check upon others. • It is desirable for maintaining the efficiency in the administration. IMPORTANCE OF THEORY OF SEPARATION OF POWERS
  • 10. Why is separation of powers important?• Democratic government is characterised by the separation of powers. • There are ‘checks and balances’ within our political system that limit the power of each branch in order to prevent the abuse of power. • Firstly, it ensures that the different branches control each other. This is intended to make them accountable to each other – these are the ‘checks’; • Secondly, the separation of powers divides power between the different branches of government – these are the ‘balances’. Balance aims to ensure that no individual or group of people in government is ‘all powerful’. Power is shared and not concentrated in one branch. • That is why we also often refer to the ‘separation and balance of powers’.
  • 11. CRITICISM. • It is not desirable because if there is complete separation of powers , the different organs of the government will not be able to work in co-operation and harmony. As a result ,there would be frequently deadlocks which may bring the governmental machinery to a standstill. • According to Mill, ”the separation of powers will result in a clash between the three organs of government, as each one will take interest only in its own powers”. • If all branches are made separate and independent of each others, each branch will try to safeguard its powers and will not protect the powers of other branches. In such case administrative efficiency cannot be attained
  • 12. CRITICISM. • The theory of separation of powers makes a mistake in assuming that the three branches of government are equally powerful and can be independent of one another. • The growth of administrative adjudication is another redevelopment which is against the doctrine of separation o f powers. The executive is being vested with judicial powers a swell as other duties otherwise the officers do not feel secure while performing their duties.
  • 13. Clear Distinctions • The separation of powers is also reflected in the fact that certain functions must not be exercised by one and the same person. Thus, the Federal President cannot at the same time be a Member of the National Council, or a judge who is appointed Minister or elected to be a Member of the National Council must be temporarily suspended from his/her judicial duties.
  • 14. Role ofLegislature • The legislative branch of government is responsible for enacting the laws of the state, supervising their implementation and appropriating the money necessary to operate the government. The Government has to justify itself to Parliament in respect of everything it does or causes the administration to do. • Jinnah saying: • "you are now a sovereign legislative body and you have got all the powers. It, therefore, places on you the gravest responsibility as to how you should take your decisions".
  • 15. National Assembly • Work of NA is to make laws and do work for the public welfare. • Senate • The Senate is the second chamber of the Parliament. It is independent from, and complements the work of, the National Assembly. The Senate shares the task of making and shaping laws and checking and challenging the work of the government.
  • 16. Role of Executive • The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch. The executive branch has the task of implementing laws. It comprises the Federal Government, the Federal President and all federal authorities including the police and the armed forces.
  • 17. NAB • The National Accountability Bureau is an autonomous and constitutionally established federal institution responsible to build efforts against corruption and prepare critical national economic intelligence assessments against economic terrorism to the Government of Pakistan. FIA • The Federal Investigation Agency is a border control, counter-intelligence and security agency under the control of the Interior Secretary of Pakistan, tasked with investigative jurisdiction on undertaking operations against terrorism, espionage, federal crimes, ...
  • 18. IB • Work Profile of IB Intelligence Officers (ACIO) It is a security agency so your job is related to the security subject at national and central level. Usually, the newly recruited candidates are posted on border areas for the limited duration of time. • Police • As a police officer you'll work in partnership with the communities you serve to maintain law and order, protect members of the public and their property, prevent crime, reduce the fear of crime and improve the quality of life for all citizens.
  • 19. Army • It is to ensure the national security and national unity of the country by defending it against external aggression.
  • 20. Role of Judiciary • The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it. • Judges administer justice, viz. they decide disputes independently and impartially. It is their task to ensure that laws are complied with.
  • 21. • Its main principle to eradicate powers from one hand.
  • 22. Separation of Powers And our Constitution • Executive: • Article 41: 1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. • 43 (2) The President shall not be a candidate for election as a member of [Majlis-e-Shoora (Parliament)] or a Provincial Assembly; and , if a member of [Majlis- e-Shoora (Parliament)] or a Provincial Assembly is elected as President, his seat in 1 [Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.
  • 23. Separation of Powers And our Constitution  48.(1) In the exercise of his functions, the President shall act [on and] in accordance with the advice of the Cabinet [or the Prime Minister]. 58(2)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."with the consequence of dismissing the Prime Minister and his or her Cabinet. 8th & 13th ammendment.
  • 24. Separation of Powers And our Constitution • 91 (7 ) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.
  • 25. Separation of Powers And our Constitution • 248.(1): The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions
  • 26. Separation of Powers And our Constitution Legislature: 50:There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate. 69:courts not to inquire into proceedings of Majlis-e-Shoora .
  • 27. Separation of Powers And our Constitution 239:(5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever. 75:President(b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill or any specified provision thereof,be reconsidered and that any amendment specified in the message be considered. (2) the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.
  • 28. Separation of Powers And our Constitution • Judiciary: • 175. Establishment and jurisdiction of courts(1) There shall be a Supreme Court of Pakistan, a High Court for each Province [and a High Court for the Islamabad Capital Territory] and such other courts as may be established by law.
  • 29. Separation of Powers And our Constitution • 175(3) he Judiciary shall be separated progressively from the Executive. • PLD 1994 SC 105 • The independence of judiciary means: • That every judge is free to decide matters before him in accordance with his assessment of the facts and his understanding of the law without improper influences, inducements or pressures, direct or indirect, from any quarter or for any reason; and
  • 30. Separation of Powers And our Constitution • That the Judiciary is independent of the executive and legislature, and has jurisdiction directly or by way of review, over all issues of a judicial nature.
  • 31. Separation of Powers And our Constitution • 68:Restriction on discussion in Majlis-e-Shoora • (Parliament) No discussion shall take place in [Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. • Clarify the concept that actually exist in Constitution.
  • 32. How is it ineffective in Pakistan?
  • 33. Judiciary in Contradiction to concept of separation of powers
  • 34. Judiciary in Contradiction to concept of separation of powers • The recent judicial activism is more or less a new challenge for democracy. • 1.8 Million Cases Pending. • The history of judicial verdicts is not free of biasness. • Intervention of an institution in the domain of another(judiciary, executive) has dualistic affect.
  • 35. Judiciary in Contradiction to concept of separation of powers • Whereas, at this critical moment of history, when our country is facing both internal and external conventional and unconventional challenges.Would this power mongering intervention serve in the best national interest of the country? Obviously, not.
  • 36. Judiciary in Contradiction to concept of separation of powers • 204(b):Contempt of Court • scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt. • The criminal justice system of the country helps the strong and wealthy against the weak and poor. • Article 10(a)
  • 37. Judiciary in Contradiction to concept of separation of powers • As Montesquieu says, “There is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would then be legislator. Were it joined to the executive power, the judge might behave with violence and oppression”.
  • 38. Powerful beaurucracy and Army Intervention • Create a lot of problem in good governance. • 5 Dictatorship Attacks on rule and order. • Negates Separation of Powers concept. • Asghar Khan Case and Pervaz Musharraf case. • 23rd Amendment was passed to re-establish the military courts for further two years till 6 January 2019.
  • 39. Legislative process and powerful executive in hurdle of applying concept of separation of powers
  • 40. 1935 ACT • In the beginning when Pakistan came into being the legislator at that time adopted 1935 act of BRITISH gave full powers to GOVERNOR GENERALS
  • 41. 1956 CONSTITUTION • The First CONSTITUTION Of PAKISTAN • Abolish the office of GOVERNOR GENERAL and gave powers to the PRESIDENT even dismissal of PM. • 1962 CONSTITUTION was made in accordance with the will of AYUB KHAN and gave full powers to the PRESIDENT.
  • 42. 1973 CONSTITUTION • This Constitution was Parliamentary • Gave powers to the PM • Later on different amendments in the constitution reinforced decentralization of power for smooth democratic transition. • But 8th amendment in the CONSTITUTION changed Pakistan's government from a Parliamentary system to a Semi-presidential system . • Article 45
  • 43. PRESIDENTIAL POWERS 17TH AMENDMENT to the constitution of Pakistan. 18TH AMENDMENT removed the power of President to dissolve the Parliament.
  • 44. DICTATORSHIP  AUTOCRACY Supreme power is concentrated in the hands of one person. • 1958 • 1969 • 1977 • 1999 • Article 269: validation of law, acts, etc
  • 45. Powerful Executive in all eras • Since its inception Pakistan has endured the vice regal system of governance-where executive has always been the most powerful. • Resultantly, dysfunctional institutions emerged which led to political instability and polarisation. • This legacy has severely damaged the democratic process in the country – even it continues today without any interruption. • Man who is minister is also legislative.
  • 46. Political Pressure • Throughout history of Pakistan ,the baron class remains involved in legislation. • The growth in public pressure groups can be partially explained by a change in Pakistani attitudes towards the Federal government. • Danger for Independency of Institutions. • More strong political groups, more threat to instability of country.
  • 47. WHAT HAPPENS IF ONE BRANCH GOT ALL POWERS: • 1)If one branch were somehow to usurp powers from the other two,it would be able to act in any way that it wanted. • 2)For example; If somehow the president were to gain the powers to rule by decree then he or she would be able to make any laws he/she wanted without having them objected/rejected by parliament , senate or supreme court. • 3)If this happens then the rights of the state, citizens can be harmed and there is always a continuous THREAT.
  • 49. THE DIFFERENCE BETWEEN PARLIAMENTARY SYSTEM AND PRESIDENTIAL SYSTEM:• The major difference between these two systems is that in a Presidential system, the executive leader, the President, is directly voted upon by the people (Or via a body elected specifically for the purpose of electing the president, and no other purpose), and the executive leader of the Parliamentary system, the Prime Minister, is elected from the legislative branch directly. • In the Presidential System, it is more difficult to enact legislation, especially in the event that the President has different beliefs than the legislative body. The President only responds to the people, the legislative branch can't really do anything to threaten the President. As a result, he can make it more difficult for the legislative body to do anything.
  • 50. THE DIFFERENCE BETWEEN PARLIAMENTARY SYSTEM AND PRESIDENTIAL SYSTEM: • In the Parliamentary system, if the Parliament doesn't like the Prime Minister, they can cast a vote of no confidence and replace him. This tends to make the executive leader subservient to the Parliament. • Bottom line is, if you believe that government should have more checks and balances, then a Presidential system will give you that. If you believe that it should have the power to enact laws quickly, then you should go for a Parliamentary system.
  • 51. Policy Recommendation • The solutions to the lack of parliamentary oversight on the functioning of the government are not confined to amending the constitution. • Overall systems of accountability need to be revamped to ensure that institutional instruments and arrangements are in place to enable direct and indirect political, administrative and financial accountability–both ways, involving the legislators and the executive. • In doing so decision makers must scope beyond the current narrow ambit of accountability, as is being envisioned in the Accountability Bill. • In order to ingrain appropriate checks and balances, many relevant institutions and instruments need to be restructured to address administrative dysfunction, mismanagement and political manipulation–all of which are pervasive in the system.
  • 52. Conclusion • Throughout history of Pakistan, the concept of separation of power not adopted but now situation is changing and after damages of long period ,some time is required to attain this equilibrium position. • Constitution provides the separate role and functions of the three institutions. Unfortunately, judicial branch of the government could not perform its role as an independent institution.
  • 53. Conclusion • In sum therefore, two key instruments need to be reshaped in order to institutionalize a system of checks and balances between the three pillars of the state; one, the Constitution and two, a holistic accountability framework. The potential within these norms–if appropriately cascaded into implementation– to shape the destiny of this country must not be underestimated.
  • 54.
  • 55. Thank you For your Attention