Government system of pakistan

ANALYSIS OF JUDICIAL REVIEW AND WRIT
JURISDICTION UNDER CONSTITUTION OF
PAKISTAN 1973
L.L.M
BY
DR. SHEIKH MUHAMMAD
ADNAN
Dr. Sheikh Muhammad Adnan

STRUCTURE OF PAKISTAN GOVERNMENT

NATIONALASSEMBLY
• The national assembly of Pakistan is the country's sovereign legislative body
• It is known as lower house of federal parliament.
• Duration 5 years(under article of 58 of the constitution) composition: the
national assembly is a democratically elected body consisting of a total of 342
members of which 272 seats are of directly elected members and 70 reserved
seats for women and religious minorities
• Members of national assembly are known as MNA (member of national
assembly)
• Seats allotted to each province depends on its population

NATIONALASSEMBLY
• ALTHOUGH THE VAST MAJORITY OF THE MEMBERS ARE MUSLIM,
ABOUT 5% OF THE SEATS ARE RESERVED FOR MINORITIES,
INCLUDING CHRISTIANS, HINDUS, AND SIKHS. THERE ARE ALSO
50+ SPECIAL SEATS FOR WOMEN NOW, AND WOMEN ARE
SELECTED BY THEIR RESPECTIVE PARTY HEADS.

QUALIFICATIONS TO BE A MEMBER OF NATIONAL ASSEMBLY
• MUST BE A CITIZEN OF PAKISTAN
• MUST BE AT LEAST TWENTY-FIVE YEARS OF AGE AND MUST BE ENROLLED AS A
VOTER IN ANY ELECTORAL ROLL IN COUNTRY.
• MUST BE OF GOOD CHARACTER AND NOT COMMONLY KNOWN AS ONE WHO
VIOLATES ISLAMIC INJUNCTIONS;
• MUST HAVE ADEQUATE KNOWLEDGE OF ISLAMIC TEACHINGS AND PRACTICES
OBLIGATORY DUTIES PRESCRIBED BY ISLAM AS WELL AS ABSTAINS FROM MAJOR SINS
(EXCEPTION FOR MINORITIES);
• MUST BE SAGACIOUS, RIGHTEOUS, NON-PROFLIGATE, AND HONEST;
• MUST HAVE NEVER BEEN CONVICTED FOR A CRIME INVOLVING MORAL TURPITUDE OR
FOR GIVING FALSE EVIDENCE;
• MUST HAVE NEVER, AFTER THE ESTABLISHMENT OF PAKISTAN, WORKED AGAINST
THE INTEGRITY OF THE COUNTRY OR OPPOSED THE IDEOLOGY OF PAKISTAN.

SPEAKER
• HEAD OF NATIONAL ASSEMBLY IS SPEAKER(MEMBER OF NATIONAL ASSEMBLY)
• THE SPEAKER IS ASSISTED BY THE DEPUTY SPEAKER(MEMBER OF NATIONAL
ASSEMBLY)
• AFTER THE GENERAL ELECTION IN THE FIRST MEETING SPEAKER AND DEPUTY
SPEAKERS WILL BE SELECTED
• IN THE ABSENCE OF PRIME MINISTER SPEAKER OF NATIONAL ASSEMBLY WILL ACT AS
PRIME MINISTER OF PAKISTAN

NATIONAL ASSEMBLY SESSIONS
• IT MUST MEET FOR AT LEAST 130 DAYS AND THERE MUST BE AT LEAST THREE
SESSIONS IN A YEAR
• THERE SHALL NOT BE MORE THAN ONE HUNDRED AND TWENTY DAYS INTERVENE
BETWEEN THE LAST SITTING OF THE ASSEMBLY IN ONE SESSION AND THE DATE
APPOINTED FOR ITS FIRST MEETING IN THE NEXT SESSION
• A SESSION OF THE NATIONAL ASSEMBLY IS SUMMONED BY THE PRESIDENT OF
PAKISTAN UNDER ARTICLE 54(1) OF THE CONSTITUTION
• THE NATIONAL ASSEMBLY CAN ALSO BE SUMMONED BY THE SPEAKER OF NATIONAL
ASSEMBLY ON A REQUEST MADE BY AT ONE-FOURTH OF THE TOTAL MEMBERSHIP OF
THE NATIONAL ASSEMBLY
• IF THE NATIONAL ASSEMBLY IS SO REQUISITIONED, IT MUST BE SUMMONED WITHIN
14 DAYS.

FUNCTIONS AND POWERS OF NATIONAL ASSEMBLY
• NATIONAL ASSEMBLY HAS THE POWER OF CONTROLLING THE FINANCES OF THE
FEDERATION.
• NATIONAL ASSEMBLY HAS ALSO POWER TO CONTROL THE EXECUTIVE. THE MINISTERS
USUALLY CHOSEN FROM THE MEMBERS OF NATIONAL ASSEMBLY.
• A MONEY BILL CAN ONLY ORIGINATE IN THE NATIONAL ASSEMBLY AND AFTER IT HAS
BEEN PASSED BY IT. IT IS NOT REQUIRED TO BE TRANSMITTED TO THE SENATE, BUT IT IS
TO BE PRESENTED TO THE PRESIDENT FOR HIS ASSENT.
• WITHOUT THE PERMISSION OF NATIONAL ASSEMBLY GOVERNMENT EVEN CAN’T
ALLOT TAXES

SENATE OF PAKISTAN
• SENATE IS THE UPPER LEGISLATIVE OF THE BICAMERAL LEGISLATURE OF PAKISTAN,
AND TOGETHER WITH THE NATIONAL ASSEMBLY MAKES UP THE PARLIAMENT OF
PAKISTAN.
FIRST CONVENED IN 1973 AND POWERS ESTABLISHED BY THE ARTICLE 59 OF THE
CONSTITUTION OF PAKISTAN
DURATION 6 YEARS. HOWEVER, ONE-HALF OF ITS MEMBERS RETIRE EVERY THREE YEARS
FATA MERGED WITH KHYBER PAKHTUNKHWA THROUGH 25TH AMENDMENT. THE
AMENDMENT REDUCES THE MEMBERS IN SENATE FROM 104 TO 100. CURRENT
MEMBERS REPRESENTING FATA WILL CONTINUE TO SERVE TILL 2024.
EACH PROVINCE HAS EQUIVALENT SEATS
EACH OF THE FOUR PROVINCIAL ASSEMBLIES ELECT TWENTY THREE MEMBERS FROM
THEIR RESPECTIVE PROVINCES
OTHER MEMBERS ARE ELECTED BY THE NATIONAL ASSEMBLY FROM THE FEDERAL
CAPITAL.

Head of Senate is Chairman
• Chairman is assisted by the Deputy Chairman.
•These will be selected in first meeting of Senate
• In the absence of President chairman of Senate works as President.
•Purpose: to give equal representation to all the federating units
•Session Schedule
• A provisional calendar of sessions for the Parliamentary year is provided on
the first session of each year.
•This is called the Session Schedule which is prepared by the government in
consultation with the Chairman Senate.
•The current schedule of Senate Sessions is given below.

QUALIFICATION MEMBER OF SENATE
•MUST BE CITIZEN OF PAKISTAN
•A PERSON SEEKING ELECTION TO THE SENATE SHOULD NOT BE LESS
THAN THIRTY YEARS OF AGE AND SHOULD BE REGISTERED AS A VOTER
IN AN AREA OR PROVINCE FROM WHERE HE SEEKS ELECTION AND
SHOULD MEET OTHER QUALIFICATIONS PRESCRIBED UNDER ARTICLE 62
OF THE CONSTITUTION.
• HE IS OF GOOD CHARACTER
ADEQUATE KNOWLEDGE OF ISLAMIC TEACHING AND PRACTICES
OBLIGATORY DUTIES PRESCRIBED BY ISLAM
IN THE CASE OF NON-MUSLIM HE/SHE POSSESS GOOD ETHICS AND
MORAL VALUES

QUALIFICATION MEMBER OF SENATE
•MUST BE CITIZEN OF PAKISTAN
•A PERSON SEEKING ELECTION TO THE SENATE SHOULD NOT BE
LESS THAN THIRTY YEARS OF AGE AND SHOULD BE REGISTERED AS
A VOTER IN AN AREA OR PROVINCE FROM WHERE HE SEEKS
ELECTION AND SHOULD MEET OTHER QUALIFICATIONS
PRESCRIBED UNDER ARTICLE 62 OF THE CONSTITUTION.
• HE IS OF GOOD CHARACTER
• ADEQUATE KNOWLEDGE OF ISLAMIC TEACHING AND PRACTICES
OBLIGATORY DUTIES PRESCRIBED BY ISLAM
• IN THE CASE OF NON-MUSLIM HE/SHE POSSESS GOOD ETHICS
AND MORAL VALUES

DISQUALIFICATION FOR THE MEMBERS OF PARLIAMENT
HE/SHE WILL BE DISQUALIFIED:
UNSOUND MIND
UNDISCHARGED INSOLVENT
ACQUIRES CITIZENSHIP OF FOREIGN
HOLDS AN OFFICE OF PROFIT N THE SERVICE OF PAKISTAN OR
DECLARED BY LAW HER THAN AN OFFICE
HE HAS BEEN OR CONVICTION FOR ANY OFFENCE INVOLVING
MORAL TURPITUDE, SENTENCED TO IMPRISONMENT FOR A TERM
OF NOT LESS THAN 2 YEARS

LEGISLATIVE PROCEDURE
• BILL CAN BE ORIGINATED IN EITHER HOUSE THEN , IT SHALL BE
TRANSMITTED TO THE OTHER HOUSE..
• IF THE OTHER HOUSE PASSES IT WITHOUT AMENDMENT, IT
SHALL BE PRESENTED TO THE PRESIDENT FOR ASSENT.
• IF THE BILL, TRANSMITTED TO THE OTHER HOUSE, IS NOT
PASSED WITHIN NINETY DAYS 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
WAS ORIGINATED.
• IF THE BILL IS PRESENTED TO THE PRESIDENT FOR ASSENT, HE
SHALL ASSENT TO THE BILL IN NOT LATER THAN TEN DAYS.
• IF IT IS NOT A MONEY BILL.
• PRESIDENT MAY RETURN THE BILL TO THE PARLIAMENT WITH A
MESSAGE REQUESTING THAT THE BILL BE RECONSIDERED AND
THAT AN AMENDMENT SPECIFIED IN THE MESSAGE BE
CONSIDERED
• BILL IS PASSED AGAIN, WITH OR WITHOUT AMENDMENT, BY
VOTE OF THE MAJORITY OF THE MEMBERS.
• PRESIDENT SHALL GIVE HIS ASSENT WITHIN TEN DAYS

PROVINCIAL ASSEMBLIES
• PROVINCIAL LEVEL LEGISLATIVE BODY
• DURATION: 5 YEARS
• COMPOSITION: THERE ARE 4 PROVINCIAL ASSEMBLIES SITUATED
IN EACH PROVINCE
• SEATS ARE ALLOCATED TO EACH PROVINCIAL ASSEMBLY
ACCORDING TO THEIR POPULATION
• MEMBERS OF PROVINCIAL ASSEMBLIES ARE CALLED MPA(MEMBER
OF PROVINCIAL ASSEMBLY)
• QUALIFICATION: A MEMBER OF THE PROVINCIAL ASSEMBLY
MUST BE AT LEAST TWENTY-FIVE YEARS OF AGE
• MUST BE A CITIZEN OF PARTICULAR PROVINCE FROM WHERE
HE/SHE SEEKS FOR MEMBERSHIP

PROVINCIAL ASSEMBLIES (ARTICLE 106)
General seats Women Non-Muslims Total
Balochistan 51 11 3 65
Khyber
Pakhtunkhwa
115 26 4 145
Punjab 297 66 8 371
Sindh 130 29 9 168

PROVINCIAL ASSEMBLIES
Sessions of Provincial Assembly
There should be at least three sessions of Provincial Assembly every year
Article 109 authorizes the Governor of the Province to summon Provincial
Assembly to meet
In addition, the Speaker, on a requisition signed by not less than one-fourth of
the total membership of the Provincial Assembly, can summon it.
Governor has power to dissolve Provincial Assembly on the advice of Chief
Minister.

EXECUTIVE ( CABINET) (ARTICLE 91)
Role Executive branch have the authority and responsibility of daily
administration of the state of bureaucracy
Head of executive is Prime Minister
PM is accountable for selecting a cabinet
Cabinet will consist of Ministers and state ministers
Strength of cabinet should exceed 11% of total number of parliament
There can be almost 49 associates of cabinet.
Composition of Cabinet Prime Minister Federal Cabinet Minister Federal
secretary Deputy Federal Secretary Additional Deputy Section Officer.

ELECTION OF PRIME MINISTER
The prime minister is elected by Members of the National Assembly (MNAs) in
accordance with the Second Schedule of the Rules of Procedure and Conduct
of Business in the National Assembly, 2007.
To be a candidate for prime minister, one has to be an MNA. As the first step,
the candidate has to be proposed for the position of prime minister by any
fellow MNA. The nomination then has to be seconded by any another
lawmaker. The candidate thus has to have a proposer and a seconder.
Prime Minister is the head of government Elected by Members of National
Assembly
Duration: 5Years
Prime Minister serves as the chief adviser to President of Pakistan
All the terms and conditions to be a prime minister is same as of president
except he must be 35 years of age
Prime Minister has responsibility to appoint Federal Council of Ministers.

ELECTION OF PRIME MINISTER
153 Council of Common Interests.
(1) There shall be a Council of Common Interests, in this Chapter
referred to as the Council, to be appointed by the President.
(2) The Council shall consist of-
(a) the Prime Minister who shall be the Chairman of the Council;
(b) the Chief Ministers of the Provinces;
(c) three members from the Federal Government to be nominated
by the Prime Minister from time to time.
(4) The Council shall be responsible to [Majlis-e-Shoora
(Parliament) ] [and shall submit an Annual Report to both
Houses of Majlis-e-Shoora (Parliament)]

JUDICIARY BRANCH
The Jurisdiction
The Judiciary includes the Supreme Court, Provincial High Courts, District &
Sessions Courts, Civil and Magistrate Courts exercising civil and criminal
jurisdiction. Some Federal and Provincial Courts and tribunals such as Services
Court, Income Tax & Excise Court, Banking Court and Boards of Revenue's
Tribunals are established in all provinces as well.
They are responsible to interpret and enforce the law
It is divided into following sections
1. Supreme Court
2. High Court
3. Federal Shariat Court
4. District court
5. Lower Court (Magistrates 'Courts)

MAGISTRATES' COURTS
Present in every town and city
Magistrates' Courts has the jurisdiction to hear all criminal matters other than
those which carry the death penalty (such as attempted murder, dacoity, robbery,
extortion, etc.)
only pass a sentence of up to seven years' imprisonment
Appointment: Civil Judge Cum Judicial Magistrates are also appointed by the
Provincial High Courts, on the recommendation of provincial Public Service
Commissions.

JUDICIARY BRANCH
District or Session Court
Exist in the district of each province
When hearing criminal cases, it is called the Sessions Court, and when it hears
civil cases, the District Court.
The Sessions court is also a trial court for heinous offences such as Murder,
Rape, haraba offences
Appointment: Additional District & Sessions Judges are appointed by the
Provincial & federal High Courts
Lawyers must have ten years' experience as an advocate with good standing in
the respective jurisdiction.
They must also pass an examination conducted by the High Courts

JUDICIARY BRANCH
High Court
Each High Court consists of a Chief Justice and other puisne judges.
The Chief Justice is appointed by the President in consultation with the Chief
Justice of Pakistan and other judges, in consultation with the Chief Justice of
Pakistan, Governor of the Province and the Chief Justice of the concerned High
Court
Qualification: 10 years experience as an advocate of a High Court or 10 years
service as a civil servant including 3 years experience as a District Judge or 10
years experience in a judicial office.
Sindh High court Structure 1 chief Justice 27 Judges
Punjab High court 1 chief justice 49 judges.
Baluchistan High court Structure 1 chief Justice 8 Judges
Khyber Pakhtoon khawa High court Structure 1 chief Justice 49 judges

JUDICIARY BRANCH
• Special Tribunals and Boards:
• There are numerous special tribunals such as;
• Services Tribunals
• Income Tax Tribunals
• Anti-Corruption Courts
• Anti-Narcotics Courts
• Anti-terrorist Courts
• Labor Relations Courts
• Board of Revenue
• banking court

FEDERAL SHARIYAT COURT
• If any law is against the laws of Islam.
• Composition: The Court consists of 8 Muslim Judges including the Chief
Justice.
• Appointment: Such Judges are appointed by the President from amongst the
serving or retired Judges of the Supreme Court or a High Court or from
amongst persons possessing the qualifications of a Judge of the High Court.
• Of the 8 Judges, 3 are required to be Ulema who are well versed in Islamic
law. The Judges hold office for a period of 3 years and the President may
further extend such period.

SUPREME COURT OF PAKISTAN
• It is the apex of the judicial systems of Pakistan.
• Appointment: Chief Justice of Pakistan is appointed by the President. Other
Judges are also appointed by the President .
• A person is eligible to be appointed as a Judge of the Supreme Court if he is a
citizen of Pakistan and has been a Judge of a High Court for five years or an
advocate of a High Court for fifteen years
• The Chief Justice and Judges of the Supreme Court hold office until the age
of sixty-five.

SUPREME COURT GILGIT BALTISTAN
• Supreme Court of Pakistan by promulgating Gilgit-Baltistan
• Established on 8 November 1999.
• The court started function on 27 September 2005
• On 9 September 2009, this court was conferred the similar jurisdiction equal
to the Supreme Court of Pakistan by promulgating Gilgit-Baltistan
• It consist of Chief Justice and other two judges
• The chief judge and judges are appointed for a period of three years by the
prime minister of Pakistan.

Government system of pakistan

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