Pakistan Affairs

(Constitution)
 Syllabus

1. The recent constitutional and legal debates

2. The latest constitutional amendments and

important legislations

3. Legal cases

4. Role of higher courts

 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
 World’s Legal Systems

1. ADVERSARIAL SYSTEM

2. INQUISITORIAL SYSTEM
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.

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.

Definition of constitution:

Aristotle about constitution

Austin about constitution

Constitution:

 Written Constitution

 Unwritten Constitution

 Flexible Constitution

 Rigid Constitution
1. FRAMEWORK OF THE CONSTITUTIONAL LAW

2. RULE OF LAW

3. PRINCIPLES FOLLOWED BY THE RULE OF LAW

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.

 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
 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
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
 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

 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
Tiers of Government in Pakistan

 Federal Government
 Provincial Government
 Local Government
 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
 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

 Authorities of President

 Head of the state

 Administrative powers
 Establishment of cabinet
 Appointing other ministers
 Appointments
 Law making powers
 Judicial powers
The Prime Minister
 Age: 25
 Eligible for MNA
 Leader of the cabinet
 Chief executive
 Coordination between President and Cabinet
 Vote of no confidence
 Legislative Branch
(Senate and NA)

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
 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
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
 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

 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

 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
 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
 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
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
 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
Governor
 Nominal head of province
 Appointment
 Executive powers
 Judicial powers
 Duties during emergency
 Law making powers
 Dissolution of provincial Assembly
Chief minister
 Administrative head of province
 The provincial cabinet

Powers of chief minister and cabinet

 Appointment of ministers
 Administrative powers
 Financial powers
Legislative
 Provincial assemblies
 Seats
 Punjab: 371
 Sindh: 168
 KPK: 145
 Balochistan: 65
 PROVINCIAL JUDICIARY

A.HIGH COURT
B.DISTRICT COURT

C.REVENUE COURT
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
  Local Government system
For devolution of power
 District council
 Tehsil council
 Union Council

 Nazim/Meir
 Naib nazim/ deputy meir
 Counselor
Central and provincial combined organizations

 Planning commission of Pakistan

 Islamic ideological council
 Council of common interest
 National economic council