Structure OF GOVERNMENT - PAKISTAN

                                                  

INTRODUCTION

Pakistan's independence was won through a democratic and constitutional struggle. Although the country's record with parliamentary democracy has been mixed, Pakistan, after lapses, has returned to this form of government. The constitution of the Islamic Republic of Pakistan adopted in 1985 provides for a federal parliamentary system with a president as head of state and a popularly elected prime minister as head of government.

Legislature

The Parliament

The bicameral federal legislature consists of the Senate (upper house) and NationalAssembly (lower house). According to Article 50 of the Constitution, the NationalAssembly, the Senate and the President together make up a body known as the Majlis-i-Shoora (Council of Advisers).

The President of Pakistan

The President of Pakistan is the ceremonial Head of the State and a figurehead who is a civilian Commander-in-Chief of the Pakistan Armed Forces as per the Constitutionof Pakistan and a leader of the nation.

 

The President is kept informed by the Prime Minister on all the matters of internal and foreign policy as well as on all legislative proposals. Constitution of Pakistan vest the President the powers of granting the pardons, reprieves, and the control of the military; however, all appointments at higher commands of the military must be made by President on a "required and necessary" on consultation and approval from the Prime Minister. In addition, the constitution prohibits the President from exercising the authority of running the government.

 

The Senate

The Senate is a permanent legislative body with equal representation from each of the four provinces, elected by the members of their respective provincial assemblies. There are representatives from the Federally Administered Tribal Areas (FATA) and from Islamabad Capital Territory. The Chairman of the Senate, under the constitution, is next in line to act as President should the office become vacant and until such time as a new president can be formally elected. Both the Senate and the National Assembly can initiate and pass legislation except for finance bills.

 

Only the National Assembly can approve the federal budget and all finance bills. In the case of other bills, the President may prevent passage unless the legislature in joint sitting overrules the President by a majority of members of both houses present and voting. Unlike the National Assembly, the Senate cannot be dissolved by the President.

 

National Assembly of Pakistan

Members of the National Assembly are elected by universal adult suffrage (eighteen years of age). Seats are allocated to each of the four provinces, the Federally Administered Tribal Areas, and Islamabad Capital Territory on the basis of population. National Assembly members serve for the parliamentary term, which is five years, unless they die or resign sooner, or unless the National Assembly is dissolved. 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.

 

THE EXECUTIVE

The Executive Branch of the Pakistani government is headed by the President and includes various departments such as the Prime Minister‘s Office, Cabinet Secretariat, National Security Division, and others.

The President of Pakistan is the head of state and is elected for a term of five years. The President has limited powers and most of the executive authority rests with the Prime Minister and the Cabinet.

The Prime Minister of Pakistan is the Head of Government of Pakistan and designated as the Chief Executive of the Republic, who leads the executive branch of the government, oversees the economical growth, heads the Council of Common Interests as well as the Cabinet, and is vested with the command authority over the nuclear arsenals. He is also a leader of the nation who has control over all matters of internal and foreign policy. The Prime Minister is appointed by the members of the National Assembly through a vote. The Prime Minister is assisted by the Federal Cabinet, a Council of Ministers whose members are appointed by the President on the advice of the Prime Minister. The Federal Cabinet comprises of the ministers, ministers of state, and advisers.

Other key members of the Executive Branch include the Chief Justice of Pakistan, who heads the judicial system, and the Chairman of the Joint Chiefs of Staff Committee, who oversees the military.

 

THE JUDICIARY

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.

Supreme Court

The Supreme Court has original, appellate, and advisory jurisdiction. The Chief Justice of the Supreme Court is appointed by the President; the other Supreme Court judges are appointed by the President after consultation with the Chief Justice. The Chief Justice and other Judges of the Supreme Court may remain in office until age of sixty-eight years.

Federal Shariat Court of Pakistan

The Federal Shariat Court (FSC) of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shariat law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this 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, which may eventually be extended by the President.

High Courts

High Courts are the highest court for criminal appeals or modifications at the provincial level. When a death sentence is being confirmed, a minimum of two judges must be present for the High Court to have the power to impose the death penalty.

 

It has the authority to levy fines, order the confiscation of property, and oversee the activities of lower courts. It has the authority to grant writs including writs of habeas corpus, mandamus, certiorari, quo warranto, and prohibition.

 

Session Courts

The entire district is within the Session Court’s jurisdiction. A session judge designated to preside over it may have one or more additional session judges on hand to offer assistance. The session judge is the superior authority for all district magistrates. A session judge has a wide range of authority, including the power to hear cases involving all major offences, including robbery, murder and all other forms of homicide, substantial theft by habitual offenders, etc. The execution of a death sentence imposed by a session judge requires the approval of the High Court. Session Court hears appeals from Magistrates Courts.

 

District Courts

In Pakistan, the district courts are the lowest tier of courts and are responsible for handling all civil and criminal cases. There is a Court of Sessions Judge in each district, along with the Courts of Magistrates which have the authority to hear criminal matters.

 

CONCLUSION

Article 50 of the Constitution provides that the Parliament of Pakistan shall consist of President and the two Houses known as the National Assembly and the Senate. Under the Constitution, there are three primary branches of a government: the legislative, whose powers are vested in a bicameral Parliament; the executive, consisting of the President, aided by the Cabinet which is headed by the Prime Minister; and the judiciary, with the Supreme Court.