1. LEGISLATIVE PROCEDURE
Introduction and passing ofbills
According to the article 70 of the Constitution of Pakistan, 9173, A bill with respect to any matter in the
federallegislative list may originate in either house and shall, if it is passed by the house in which is it is
originated, be transmitted to the other house.
If the other house passes it without amendment, it shall be presented before the President for assent. If the
bill sent to the other house is not passed within 90days or rejected it shall be considered in a joint sitting
to be summoned by the President on the request of the house in which the bill is originated.
If the bill is passed in joint sitting with or without amendments, by the vote of majority (2/3) of the total
memebers of the two houses, it shall be presented to president for assent.
If the bill is presented for assent, he shall assent to the bill within 10days. If it is not the money bill the
President may return the bill to the parliament with a message requesting that the bill be considered and
that an amendment specified in the message be considered. The parliament shall consider the bill in joint
sitting. If the bill is passed again, with or without amendment by vote of majority of the members present
and voting, it shall be presented to the President and the President has to give assent within 10days failing
which such assent shall be deemed to have been given.
Under the constitution the parliament may also legislate two or more provinces ny consent and on request
made by those provinces. If the federalgovernment proclaims state of emergency in any province, the
power to legislate about that province is vested in parliament but the bills passed by the parliament during
the state of emergency shall cease to be enforce after the expiration of six months from the day
emergency is lifted. Nevertheless the steps already take under these acts shall remain valid.
In exercise of its constitutional rule the parliament has also other important duties to perform. The
President who is at apex is elected by the members of both houses of the parliament and the provincial
assemblies. The PM who has the cabinet and is meant to add an advise in his functions belongs to the NA.
He enjoys the confidence of the majority of members of the NA.
(Vote of no confidence 95)
Members of the cabinet are appointed by the President on the advice of pm. In the formation of the
cabinet major portion 75% goes to the NA while the rest 25% goes to the senate.
There is a democratic procedure to remove the PM from his office if he loses confidence of the majority
of the members of NA. In this respect a resolution for a vote of no confidence is moved not less than 20%
of the total memebership of theh NA. If the resolution is passed by majority of the total membership in
NA, the PM immediately relinquish powers.
Similarly the removal or impeachment of the PM not less than one half of the total membership of either
house may give in writing its intention to do, to the speaker NA,or as the case may be, to the chairman
senate,for moving the resolution for the purpose. In a joint sitting of the two houses convenet for the
purpose and after the deliberations if the resolution is passed by the votes not less than 2/3majority. The
President shall cease to hold office immediately on the passing of the resolution. In case emergency is
proclaimed the parliament holds the authority to extend the term of national assembly.
Under the constitution the parliament may also, on the request of the federal government by law confer
functions upon officers or authoritys subordinate to the federalgovernment.
2. WHY CONSTITUTION IS NEEDED / IMPORTANT ?
A Constitution is a collection of rules and principles which set out how a state will be governed. It forms
the framework for all decisions made by every government official and, particularly the legislature (the
law making body), executive (President/Prime Minister/ministers) and the courts.
It also sets out the rights of everyone which must be respected by the state and therefore establishes the
relationship between the government and the people. A constitution is important because it ensures that
those who make decisions on behalf of the public fairly represent public opinion. It also sets out the ways
in which those who exercise power may be held accountable to the people they serve. And it sets out
where government powers end by guaranteeing individuals’ specific rights and freedoms. These rights
help to assure the protection and promotion of human dignity, equality and liberty.
Constitutions may provide for the division of powers between the centralgovernment and the regions.
Constitutions should be agreed rather than imposed so as to provide an acceptable framework for the
settling of different political views. They help provide for a stable society by ensuring that, although
everybody may not agree with the government all the time, the people accept the legitimacy of the system
of choosing governments.
SILEN FEATURES OF CONSTRUCTION
Salient Features of the Constitution of Pakistan: The Constitution of 1973 is strikingly different from the
earlier Constitution of 1956 and 1962. It has the following salient features.
1. Written constitution
Written Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a
written document. It is very comprehensive and consists of twelve parts consisting of 280
articles.
2. Islamic Constitution
The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented
Islamic character. It ensures an Islamic system in the country. The Constitution of 1973
also names the country as the Islamic Republic of Pakistan.
3. Rigid Constitution
It is a rigid constitution. No Government can change it at will. It is not easy to make
amendments in it. Two-third majority of both the Houses is required for this purpose.
4. Federal government
The Constitution of 1973 is Federal Constitution. It establishes a centralgovernment and
the governments of the federating units, namely, the province of Punjab, Sindh, Khyber
Pakhtunkhwa, and Baluchistan.
5. Parliamentary system
The 1973 Constitution proposes a Parliamentary form of Government in the country.
Prime minister is the head of the Parliamentary system. He is leader of the Majlis-e-
Shoora (Parliamentary). He is elected on direct adult franchise basis. The Prime Minister
selects a cabinet of centralministers from the members of Parliament which conducts the
affairs of the country. According to 1973 Constitution the Prime Minister enjoys wide
powers.
3. 6. Bicameral legislation
The Constitution provides for the establishment of a bicameral legislature in Pakistan.
The Majlise-Shoora (Parliament) consists of two Houses named Senate and National
Assembly. The Senate or the Upper House consists of 63 members (the 8th Amendment
has raised this number to 87). The National Assembly consists of 200 members (Now this
number has been raised to 207). The Majlis-e-Shoora enjoys wide powers of legislature.
7. Direct method election
The direct Election System is another salient feature of the 1973 Constitution of Pakistan.
The members of the National Assembly and Provincial Assembly are selected through
Direct Election.
8. Rule oflaw
The 1973 Constitution establishes rule of law in Pakistan. According to rule of law no
person can be deprived of his fundamental rights. All the citizens of Pakistan are equal
before law.
9. Fundamental rights
The 1973 Constitution ensures the following fundamental rights to the citizens of
Pakistan. Security of person Safeguard against unlawful arrest and detention Prohibition
of slavery and forced labor Freedom of movement Freedom of assembly Freedom of
association Freedom of business Freedom of speech Freedom of profess religion Right to
hold property Equality before law Right to preserve language, script and culture
Safeguard against discrimination in services.
10. Principles ofpolicy
The Principles set out in this Chapter shall be known as the Principles of Policy, and it is
the responsibility of each organ and authority of the State,and of each person performing
functions on behalf of an organ or authority of the State, to act in accordance with those
Principles in so far as they relate to the functions of the organ or authority.
11. Independence ofjudiciary
The Constitution stresses upon the establishment of an independent judiciary. Full job
security has been provided. The judges are appointed by the President. They cannot be
removed from service before the end of their term except on the recommendation of the
Supreme Judicial Council. In addition, the Judges are paid respectable salaries.
12. National language
The 1973 Constitution has declared Urdu as the national language of Pakistan. However,
English has been retained, as the official language for 15 years. Similarly, regional
languages have b,een provided full protection.
13. Single citizenship
The constitution of 1973 of Pakistan has established the principles of single citizenship.
According to these principles, the rights and duties of citizens are determined by the
federalconstitution only. Thus the people throughout Pakistan, are citizens of Pakistan.
14. Treason
Any person who abrogates or subverts or suspends or holds in abeyance,or attempts or
conspires to abrogate or subvert or suspend or hold in abeyance,the Constitution by use
4. of force or show of force or by any other unconstitutional means shall be guilty of high
treason.