Constitutional development in Pakistan

Topic

Powers of parliament in 1973 constitution

Department

History and Pakistan studies

Submitted to

Ma’am Shaista
Submitted by

Sabahat Fatima

Hira Nawaz

Zainab zahoor

Pakiza iftakhar

1
Contents
Majlis-e-Shoora (Parliament) ........................................................................................................................ 3
Bicameral .................................................................................................................................................. 3
Powers ...................................................................................................................................................... 3
Qualifications for membership of parliament .......................................................................................... 4
Secretariats of Parliament ........................................................................................................................ 5
National assembly ......................................................................................................................................... 5
Introduction .............................................................................................................................................. 5
Composition and Meetings of national assembly..................................................................................... 5
Structure ................................................................................................................................................... 6
Duration of national assembly .................................................................................................................. 7
Dissolution of National Assembly ............................................................................................................. 7
Speaker and Deputy Speaker of National Assembly ................................................................................. 7
The Prime Minister ................................................................................................................................... 8
The Senate .................................................................................................................................................... 8
Introduction .............................................................................................................................................. 8
Purpose & Role ......................................................................................................................................... 8
Relate to constitution 1973 ...................................................................................................................... 8
Chairman and Deputy Chairman............................................................................................................. 10
Address by President .................................................................................................................................. 10
Right to speak in Parliament ................................................................................................................... 10
Cabinet ........................................................................................................................................................ 10
Amendments............................................................................................................................................... 11
Conclusion ................................................................................................................................................... 11
Reference .................................................................................................................................................... 11

2
 Powers of parliament in 1973
constitution
Majlis-e-Shoora (Parliament)
The Parliament of Pakistan is the federal and supreme legislative body of Pakistan. It is a
bicameral federal legislature that consists of the Senate as upper house and the National
Assembly, as lower houses. According to the constitution of Islamic Republic of Pakistan, the
President of Pakistan is also a component of the Parliament. The National Assembly is elected
for a five-year term on the basis of adult franchise and one-man one-vote. The tenure of a
Member of the National Assembly is for the duration of the house, or sooner, in case the
Member dies or resigns. The tenure of the National Assembly also comes to an end if dissolved
on the advice of the Prime Minister or by the president in his discretion under the Constitution.
The Parliament meets at the Parliament House building in Islamabad, where debating chambers
for both houses are present. Until 1960, the Parliament House was located in Karachi.
Parliament House of Pakistan is the first and only parliament in the world that runs completely
on self-generated solar power.

Bicameral
The Parliament of Pakistan, according to the Constitution of 1973, is bicameral. Article 50 of the
Constitution clearly states that the Parliament of Pakistan consists of the President and two
Houses known as the National Assembly and the Senate.

Powers
The Constitution which was passed unanimously by the National Assembly in April 1973,
provides a federal parliamentary system of government, with the President as the ceremonial
head of the State and an elected Prime Minister as the head of the government. Under Article
50 of the Constitution the federal legislature is the bicameral Majlis-e-Shoora (Parliament),
which comprises the President and the two Houses, the National Assembly and the Senate. The
National Assembly, Pakistan's sovereign legislative body, makes laws for the federation under
powers spelled out in the Federal Legislative List and also for subjects in the Concurrent List, as
given in the fourth schedule of the Constitution. Through debates, adjournment motions,
question hour, and Standing Committees, the National Assembly keeps a check on the
government. It ensures that the government functions within the parameters set out in the
Constitution, and does not violate the people's fundamental rights. The Parliament scrutinizes
public spending and exercises control of expenditure incurred by the government through the
work of the relevant Standing Committees. The Public Accounts Committee has a special role to

3
review the report of the Auditor General. Senate, the upper house of the Parliament, has equal
representation from the federating units balancing the provincial inequality in the National
Assembly, where the number of members is based on population of the provinces. The Senate's
role is to promote national cohesion and harmony, and work as a stabilizing factor of the
federation. The Senate numbers a total of 104 members who serve six-year terms which are
alternated so that half the senators are up for re-election by the Electoral College every three
years. The National Assembly consists of 342 members. The Constitution empowers the
President to dissolve the National Assembly, but the Senate is not subject to dissolution. Only
the Parliament can amend the Constitution, by two-thirds majority vote separately in each
House.

Qualifications for membership of parliament

• A person shall not be qualified to be elected or chosen as a Member of Parliament unless

a) He is a citizen of Pakistan;

b) He is, in the case of the National Assembly, not less than twenty-five years of age and is
enrolled as a voter in any electoral roll in—

I. any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims

II. Any area in a Province from which she seeks membership for election to a seat reserved for
women.

c) He is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in
any area in a Province or, as the case may be, the Federal Capital or the Federally Administered
Tribal Areas, from where he seeks membership;

d) He is of good character and is not commonly known as one who violates Islamic Injunctions;

e) He has adequate knowledge of Islamic teachings and practices obligatory duties prescribed
by Islam as well as abstains from major sins;

f) He is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to

the contrary by a court of law; and

g) He has not, after the establishment of Pakistan, worked against the integrity of the country
or opposed the ideology of Pakistan.

4
Secretariats of Parliament
• Each House shall have a separate Secretariat:

• Parliament may by law regulate the recruitment and the conditions of service of persons
appointed to the secretarial staff of either House.

• Until provision is made by 1 Parliament under clause (2), the Speaker or, as the case may be,
the Chairman may, with the approval of the President, make rules2 regulating the recruitment,
and the conditions of service, of persons appointed to the secretarial staff of the National
Assembly or the Senate.

National assembly
Introduction
The National Assembly of Pakistan is the country's sovereign legislative body. It embodies the
will of the people to let them be governed under the democratic, multi-party Federal
Parliamentary System. The National Assembly makes laws for the Federation in respect of the
powers enumerated in the Federal Legislative list. Through its debates, adjournment motion,
question hour and Standing Committees, the National Assembly keeps as check over the
Executive and ensures that the government functions within the parameters set out in the
Constitution and does not violate the fundamental rights of citizens. Only the National
Assembly, through its Public Accounts Committee, scrutinizes public spending and exercises
control of expenditure incurred by the government.

The Islamic Republic of Pakistan is a Federal State comprising four provinces of Balochistan, the
Khyber Pakhtunkhwa, the Punjab and Sindh; Islamabad is the Federal Capital with Federally
Administered Tribal Areas (FATA). These federating units offer a lot of diversity and variety in
terms of languages, levels of social and economic development, population density and climatic
conditions. The Members of the National Assembly are to be elected by direct and free vote in
accordance with law.

Composition and Meetings of national assembly

There shall be three hundred and forty-two seats for Members in the National Assembly,
including seats reserved for women and non-Muslims.

A person shall be entitled to vote if

• He is a citizen of Pakistan
• He is not less than eighteen years of age
• His name appears on the electoral roll

5
• He is not declared by a competent court to be unsound mind.

Structure
The national assembly originally had 200 general members. The fourth Amendment act 1975,
added six seats for the non-Muslims. The eight amendment act 1985 increased the number of
Muslim seats to 207, while the seats reserved for non-Muslims were increased to 10. The legal
framework order 2002, which was later incorporated in the constitution, increased the number
of seats to 342, with 10 seats reserved for the non-Muslims, while 60 seats reserved for
women.

Punjab Sindh Khyber Baluchistan FATA Federal Total

Pakhtunkhwa capital
General 148 61 35 14 12 2 272
women 35 14 8 3 0 0 60
Non- _ _ _ _ _ _ 10
Muslims
Total 183 75 43 17 12 2 342

The seats in the National Assembly shall be allocated to each Province, the Federally
Administered Tribal Areas and the Federal Capital on the basis of population in accordance with
the last preceding census officially published.

For the purpose of election to the National Assembly,

 the constituencies for the general seats shall be single member territorial
constituencies and the members to fill such seats shall be elected by direct and free
vote in accordance with law;
 each Province shall be a single constituency for all seats reserved for women which are
allocated to the respective Provinces under clause (3);
 the constituency for all seats reserved for non-Muslims shall be the whole country;
 members to the seats reserved for women which are allocated to a Province under
clause (3) shall be elected in accordance with law through proportional representation
system of political parties‘ lists of candidates on the basis of total number of general
seats secured by each political party from the Province concerned in the National
Assembly:
 members to the seats reserved for non-Muslims shall be elected in accordance with law
through proportional representation system of political parties‘ lists of candidates on
the basis of total number of general seats won by each political party in the National
Assembly:

6
Duration of national assembly
The National Assembly shall, unless sooner dissolved, continue for a term of five years from the
day of its first meeting and shall stand dissolved at the expiration of its term.

Dissolution of National Assembly

• The President shall dissolve the National Assembly if so advised by the Prime Minister;
and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of
forty-eight hours after the Prime Minister has so advised.

• Notwithstanding anything contained in clause (2) of Article 48, the President may also
dissolve the National Assembly in his discretion where, a vote of no-confidence having been
passed against the Prime Minister, no other member of the National Assembly command the
confidence of the majority of the members of the National Assembly in accordance with the
provisions of the Constitution, as ascertained in a session of the National Assembly summoned
for the purpose.

Speaker and Deputy Speaker of National Assembly

 After a general election, the National Assembly shall, at its first meeting and to the
exclusion of any other business, elect from amongst its members a Speaker and a
Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes
vacant, the Assembly shall elect another member as Speaker or, as the case may be,
Deputy Speaker.
 Before entering upon office, a member elected as Speaker or Deputy Speaker shall
make before the National Assembly oath in the form set out in the Third Schedule.
 When the office of Speaker is vacant, or the Speaker is absent or is unable to perform
his functions due to any cause, the Deputy Speaker shall act as speaker, and if, at that
time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause,
such member as may be determined by the rules of procedure of the Assembly shall
preside at the meeting of the Assembly.
 The Speaker may, by writing under his hand addressed to the President, resign his
office.
 The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign
his office.
 The office of Speaker or Deputy Speaker shall become vacant if—
a) he resigns his office;
b) he ceases to be a member of the Assembly; or
c) He is removed from office by a resolution of the Assembly, of which not less than seven
days' notice has been given and which is passed by the votes of the majority of the total
membership of the Assembly.

7
  When the National Assembly is dissolved, the Speaker shall continue in his office till the
person elected to fill the office by the next Assembly enters upon his office.

The Prime Minister

The prime minister of Pakistan is the head of government of Pakistan and designated as
the "chief executive of the Republic". The Prime Minister leads the executive branch of the
government, oversees the economic growth, leads the National Assembly, heads the
Council of Common Interests as well as the Cabinet, and is vested with the command
authority over the nuclear arsenals.

The Senate

Introduction
The Senate of Pakistan is a body which represents the provinces/territories of the country and
promotes a feeling of equality, peace and harmony, which is so essential for the growth and
prosperity of a nation. Thus, the Senate in Pakistan, over the years, has emerged as an essential
organ and a stabilizing factor of the federation.

The main purpose for the creation of the Senate of Pakistan was to give equal representation to
all the federating units since the membership of the National Assembly was based on the
population of each Province. Equal provincial membership in the Senate, thus, balances the
provincial inequality in the National Assembly and dispels doubts and apprehensions, if any,
regarding deprivation and exploitation.

Purpose & Role

The main purpose for the creation of the Senate of Pakistan was to give equal representation to
all the federating units since the membership of the National Assembly was based on the
population of each province. Equal provincial membership in the Senate, thus, balances the
provincial inequality in the National Assembly and dispels doubts and apprehension, if any,
regarding deprivation and exploitation. The role of the Senate is to promote national cohesion
and harmony and to alleviate fears of the smaller provinces regarding domination by anyone
province because of its majority, in the National Assembly.

The Senate is a body which represents the provinces/territories of the country and promotes a
feeling of equality, peace and harmony, which is so essential for the growth and prosperity of a
nation. Thus, the Senate over the years has emerged as an essential organ and a stabilizing
factor of the federation.

Relate to constitution 1973

According to 1973 constitution

8
 The Senate shall consist of one hundred and four members, of whom,
a) fourteen shall be elected by the members of each Provincial Assembly;
b) eight shall be elected from the Federally Administered Tribal Areas, in such manner as
the President may, by Order, prescribe;
c) two on general seats, and one woman and one technocrat including aalim shall be
elected from the Federal Capital in such manner as the President may, by Order,
prescribe;
d) four women shall be elected by the members of each Provincial Assembly;
e) four technocrats including ulema shall be elected by the members of each Provincial
Assembly
f) four non-Muslims, one from each Province, shall be elected by the members of each
Provincial Assembly
 Election to fill seats in the Senate allocated to each Province shall be held in accordance
with the system of proportional representation by means of the single transferable vote.
 The Senate shall not be subject to dissolution but the term of its members, who shall
retire as follows, shall be six years:-
a) of the members referred to in paragraph (a) of clause (1), seven shall retire after
the expiration of the first three years and seven shall retire after the expiration of
the next three years;
b) of the members referred to in paragraph (b) of the aforesaid clause, four shall
retire after the expiration of the first three years and four shall retire after the
expiration of the next three years;
c) of the members referred to in paragraph (c) of the aforesaid clause,
I. one elected on general seat shall retire after the expiration of the first
three years and the other one shall retire after the expiration of the next
three years; and
II. one elected on the seat reserved for technocrat shall retire after first three
years and the one elected on the seat reserved for woman shall retire after
the expiration of the next three years;
d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire
after the expiration of the first three years and two shall retire after the expiration
of the next three years;
e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire
after the expiration of the first three years and two shall retire after the expiration
of the next three years; and
f) of the members referred to in paragraph (f) of the aforesaid clause, two shall retire
after the expiration of first three years and two shall retire after the expiration of
next three years.

9
  The term of office of a person elected to fill a casual vacancy shall be the unexpired
term of the member whose vacancy he has filled.

Chairman and Deputy Chairman

 After the Senate has been duly constituted, it shall, at its first meeting and to the
exclusion of any other business. elect from amongst its members a Chairman and a
Deputy Chairman and, so often as the Office of Chairman or Deputy Chairman
becomes vacant, the Senate shall elect another member as Chairman or, as the
case may be, Deputy Chairman.
 The term of office of the Chairman or Deputy Chairman shall be three years from
the day on which he enters upon his office.

Address by President
• The President may address either House or both Houses assembled together and may for that
purpose require the attendance of the members.

• The President may send messages to either House, whether with respect to a Bill then
pending in the Parliament or otherwise, and a House to which any message is so sent shall with
all convenient dispatch consider any matter required by the message to be taken into
consideration.

• At the commencement of the first session after each general election to the National
Assembly and at the commencement of the first session of each year the President shall
address both Houses assembled together and inform the Parliament of the causes of its
summons.

• Provision shall be made in the rules for regulating the procedure of a House and the conduct
of its business for the allotment of time for discussion of the matters referred to in the address
of the President.

Right to speak in Parliament

The Prime Minister, a Federal Minister, a Minister of State and the Attorney General shall have
the right to speak and otherwise take part in the proceedings of either House, or a joint sitting
or any committee thereof, of which he may be named a member, but shall not by virtue of this
Article be entitled to vote.

Cabinet
The Constitution provides that there shall be a Cabinet headed by the Prime Minister which is
collectively responsible to the National Assembly. The Prime Minister is chosen from the

10
National Assembly. The Federal Ministers and Ministers of State are appointed from amongst
the members of Parliament. However, the number of Federal Ministers and Ministers of State
who are members of Senate shall not at any time, exceed one fourth of the numbers of Federal
Ministers.

Amendments
 National assembly originally had 200 seats. The Eight Amendment Act increased the number of
seats to 342, including seats reserves foe women and non-Muslims.
 In the constitution 1973 the age of voters was set to be 18, after 8th Amendment Act the age of
voters was raised to 21 years.
 The Seventeen Amendment Act gave president a right to dissolve the national assembly in his
discretion where in his opinion a vote of no confidence have been passed against the prime
minister.
 The senate originally had 63 seats. The 8th Amendment Act raised the number of senators to 87.
The 17th Amendment Act increased the number of senators to 104.
 1973 constitution did not recognize a role of the senate with regards to money bill. However the
17th Amendment Act has allowed a role to the senate with respect to the money bill to extend
that copy of such bill is sent to the senate at the time of its origination in national assembly.
 In 8th Amendment Act the term of office of chairman or deputy chairman was extended to three
years from the day on which he enters upon his office.
 It has been written in 8th Amendment Act that, when the bill is presented to the president for
approval, the president shall within 10 days approve the bill.

Conclusion
It is concluded that the functions of the National Assembly include the making of laws, the
controlling of the finances of the State and also a critical role to check the actions of
government and the Ministries. The 1973 constitution has faced the challenge of survival which
has been threatened many times in the past. Change in the constitution is not something which
in itself can be opposed. A living constitution always responds to the changing conditions and
the new requirements of the society. Thus we can say that within the states, a constitution
defines the principles upon which the state is based, the procedure in which laws are made and
by whom.

Reference
1. M MAHMOOD , THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN (PAKISTAN LAW TIMES
PUBLICATIONS, 1973)
2. SYED SHABBAR RAZA RIZVI, CONSTITUTIONAL LAW OF PAKISTAN (VANGUARD, 2005)
3. SAFDAR MAHMOOD, CONSTITUTIONAL FOUNDATIONS OF PAKISTAN (JANG PUBLISHERS, 1990)

11
12