The document outlines the syllabus for studying Pakistan's constitutional and legal framework, including recent debates, amendments, and the structure of government. It details the roles of the executive, legislative, and judicial branches at both federal and provincial levels, along with the principles of constitutional law such as the rule of law, separation of powers, and the differences between parliamentary and presidential systems. Additionally, it covers administrative structures and power-sharing in the context of Pakistan's legal system, including the various courts and their functions.

1. Pakistan Affairs
(Constitution)

2. Syllabus
1. The recent constitutional and legal debates
2. The latest constitutional amendments and
important legislations
3. Legal cases
4. Role of higher courts

3. LECTURE # 1
1. World’s Legal Systems
2. Definition of constitution
3. Framework of the Constitutional Law
4. Rule of Law
5. Principles followed by rule of law
6. Due process of Law
7. Separation of Powers
8. Functions of the Constitution
9. Parliamentary and Presidential System
10. Unitary States and Federation
11. Administrative Structure of Pakistan

4. World’s Legal Systems
1. ADVERSARIAL SYSTEM
2. INQUISITORIAL SYSTEM

5. Adversarial system (Common Law) e.g. UK, USA, Pakistan
 Common law countries
 Court act as referee between the prosecution and defence
 Parties determine what witnesses they call
 In this system previous decisions of higher courts are binding.

6. Inquisitorial system (Civil Law) e.g. Germany, France
 Civil Law countries
 Court is actively involved in investigating the facts of the case proof of facts by
taking investigating of the case
 In this system conduct of the trial is in the hands of the court
 In this system there is little use of judicial precedent.

7. Definition of constitution:
Aristotle about constitution
Austin about constitution
Constitution:
 Written Constitution
 Unwritten Constitution
 Flexible Constitution
 Rigid Constitution

8. 1. FRAMEWORK OF THE CONSTITUTIONAL LAW
2. RULE OF LAW
3. PRINCIPLES FOLLOWED BY THE RULE OF LAW

9. Due process of Law:
 Due process developed from clause 39 of Magna Carta in England
 Administration of justice
 Safeguard from arbitrary denial of rights
Separation of Powers:
 Separation of power is political doctrine originating in the writings of
Montesquieu
 Three separate branches of Government which have defined abilities to check the
power of other branches
 Heavily influence in the writing of the USA constitution.

10. Functions of the Constitution:
 Declares territorial and administrative structure of the state
 Regulate and defines the power of the institutions of the state
 Defines rights and responsibilities of the citizens
 Constitution defines nature of relationship between Center and unit

11. Forms of Governments
Parliamentary and Presidential System
Parliamentary:
 It is the structure in which the executive branch derives it democratic legitimacy from
legislature (Parliament) and also accountable to it.
 In parliamentary system head of the state is normally different from the head of the
government e.g. Pakistan, India etc.
 Merits
 Demerits

12. Presidential:
 It is the system the office of the head of the government and head of the state is combined in a
single man i.e. the President.
 All the executive power is vested in the president and all government actions are his
responsibility.
 Merits
 Demerits

13. Unitary system versus Federation:
 In a unitary government system a single central government has total
power over all of its other political sub divisions. In this system central
government has total authority all over the country e.g. UK, France etc.
 In a federation powers and responsibilities are divided. In federation
provinces and territories enjoys some rights and powers are shared between
the federation and units e.g. Pakistan, India etc.
 Unitary Merits and Demerits
 Federation Merits and Demerits

14. Administrative Structure of Pakistan
 Federal and Parliamentary State
 Power Sharing between center and provinces
 Provincial autonomy- 18th
Amendment
 Central Laws
 Provincial Laws
 Concurrent laws
 Separation of Power
 Federal / Central separation of power (Executive- legislative-judicial)
 Provincial separation of power (Executive- legislative-judicial)
 Local government system

15. Tiers of Government in Pakistan
 Federal Government
 Provincial Government
 Local Government

16. FEDERAL LEVEL
Federal Government
1. Prime Minister (Chief executive of Federation)
2. Federal Ministers
3. Executive authority of the federation shall exercise in the name of the President by
federal government
Cabinet (PM plus federal minsters )
Parliament ( Majlis e shura) consist of three components i.e. the President,
National Assembly and Senate

17. Executive branch
(President, PM and Cabinet)
The president
 Muslim-45 years-Eligible to be elected as member of NA
 Procedure to elect president
 Electoral college
 Duration 5 years
 Impeachment
 President office become vacant

18. Authorities of President
 Head of the state
 Administrative powers
 Establishment of cabinet
 Appointing other ministers
 Appointments
 Law making powers
 Judicial powers

19. The Prime Minister
 Age: 25
 Eligible for MNA
 Leader of the cabinet
 Chief executive
 Coordination between President and Cabinet
 Vote of no confidence

20. Senate
 It is continuous and could not be dissolved
 Total Seats 104 / (reduced to 96 in next tenure)
 18th
...VS... 25th
amendment
 6 years term
 Half of the members retired after 03 years
 All provinces have equal representation/23 seats from each province
 Electoral college
 Election of senate is under single transferable vote/STV
Legislative Branch
(Senate and NA)

21. Seats distribution in Senate
Provinces General Technocrats/Ulema Women Non-Muslims Total
Punjab 14 4 4 1 23
Sindh 14 4 4 1 23
KPK 14 4 4 1 23
Balochistan 14 4 4 1 23
Federal Capital 2 1 1 - 4
FATA 8 - - - 8
Total 66 17 17 4 104

22. National Assembly
 Total seats: 342 (reduce to 336 in next tenure)
 Seats distribution is on the basis of population
 Term: 5 years
 Age: 25 minimum
 Headed by speaker and Deputy speaker

23. Current seats allocation
Provinces General Women Non-Muslims Total
Punjab 148 35 -- 183
Sindh 61 14 -- 75
KPK 35 8 -- 43
Balochistan 14 3 -- 17
Federal Capital 02 -- -- 02
FATA 12 -- -- 12
Total 272 60 10 342

24. Seats allocation in new
session
Provinces General Women Non-Muslims Total
Punjab 141 32 -- 173
Sindh 61 14 -- 75
KPK 45 10 -- 55
Balochistan 16 4 -- 20
Federal Capital 03 -- -- 03
FATA -- -- -- --
Total 266 60 10 336

25. Power of Senate & N.A:
Equal legislature powers subject to two powers which are
exclusive right of NA
a. Power to elect & remove PM
b. Money Bills

26. Judicial Branch
FEDERAL JUDICIARY
A. Supreme Court
B. High Court (IHC)
C. Federal Shariat court
D. District Court
A. Supreme Court
 Interpretation of Law
 Provincial Disputes
 Public Interest cases
 Judges retire age 65 years
 Doctrine of Stare decisis

27. Supreme Court related provisions
 Establishment and jurisdiction of courts
 Original jurisdiction of Supreme Court
 Appellate jurisdiction of Supreme Court
 Advisory jurisdiction of Supreme Court
 Decision of the Supreme Court is binding on other
courts

28. Federal Sharia courts
 Laws accounting to Islamic share
 Functions
General provision relating to the judicature:
 Contempt of court (r/w contempt of court ordinance
2003)
 Supreme judicial council

29. PROVINCIAL LEVEL
Provincial government
1. Chief Minister (Chief executive of Province)
2. Provincial Ministers
3. Executive authority of the province shall exercise in the
name of the Governor by Provincial government

30. Governor
 Nominal head of province
 Appointment
 Executive powers
 Judicial powers
 Duties during emergency
 Law making powers
 Dissolution of provincial Assembly

31. Chief minister
 Administrative head of province
 The provincial cabinet
Powers of chief minister and cabinet
 Appointment of ministers
 Administrative powers
 Financial powers

32. Legislative
 Provincial assemblies
 Seats
 Punjab: 371
 Sindh: 168
 KPK: 145
 Balochistan: 65

33. PROVINCIAL JUDICIARY
A.HIGH COURT
B.DISTRICT COURT
C.REVENUE COURT

34. High Court
 Interpretation of Law
 Public Interest cases
 Administrative accountability- citizens
 Jurisdiction of the High Court
 Decision of the High Court is binding on sub ordinate courts
 High Court shall supervise and control all courts subordinate to it
District Court
Revenue Court

35.  Local Government system
For devolution of power
 District council
 Tehsil council
 Union Council
 Nazim/Meir
 Naib nazim/ deputy meir
 Counselor

36. Central and provincial combined organizations
 Planning commission of Pakistan
 Islamic ideological council
 Council of common interest
 National economic council