Wednesday, 21 February 2018

Parliamentary system of Pakistan essay


Parliamentary system of Pakistan

        A system of government in which people directly elect representatives to the parliament is known as Parliamentary democracy. The parliament elects the prime minister from among its members who through the parliament is directly answerable to the people.

Parliament of Pakistan 

 The Parliament of Pakistan, (Majlis ê Shura Pākistān); is the federal and supreme legislative body of Pakistan. It is a bicameral federal legislature that consists of the Senate as the upper house and the National Assembly, as lower houses.
       
Article 50 to 61 of the Constitution of Pakistan 1973, deal with the parliament.

 National Assembly of Pakistan  

Composition: There shall be three hundred forty- two members of National assembly, including seats for women and Non-Muslims.
272 for General seats, 60 for women and 10 for Non-Muslims.
Who can vote:
a. Citizen of Pakistan
b. Not less than 18 years of age.
c. Name on the electoral list.
d. Not declared by competent court unsound mind.
Duration of national assembly:
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.

Speaker and Deputy Speaker:
After a general election, the National Assembly shall, at its first meeting and before any other business, elect from amongst its members a Speaker and a Deputy Speaker and if the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or Deputy Speaker.
Speaker may resign by writing under his hand addressed to the president.
Deputy speaker may resign by writing under his hand addressed to Speaker.
Summoning of parliament meeting 
 The President may summon either House or both Houses or in joint sitting to meet at such time or place as he thinks fit. He may prorogue it.
Voting and quorum
All decisions of National Assembly are taken by the majority of the members present and voting.
During the sitting of National Assembly, one-fourth of members should be present otherwise Speaker would adjourn or suspend the meeting till the required members’ attendance.
Dissolution of National Assembly
The President shall dissolve the Assembly on the advice of Prime Minister and the National Assembly shall stand dissolved after forty-eight hours of Prime Minister Advice.
President may also dissolve National Assembly in his discretion, where the vote of no confidence having been passed against Prime Minister and no other member of National Assembly command the majority of the members of N.A in accordance with the constitution.

Senate 

Composition 
Senate consists of one hundred and four members:
a. Fourteen members from each province.
b. Eight from FATA.
c. Two on general seats, one woman and one technocrat including aalim from federal capital.
d. Four women shall be elected by each provincial Assembly
e. Four technocrats including ulema shall be elected by each provincial Assembly.
f. Four for Non-Muslim, one from each province, elected by provincial Assembly.

Chairman and deputy chairman 
After Senate be constituted, shall at its first meeting and before any other business, elect from amongst its members a chairman and a Deputy chairman and if the office of chairman or Deputy chairman becomes vacant, the Senate shall elect another member as chairman or Deputy chairman.

Qualification of members of Parliament
Article 62 0f the Constitution of Pakistan 1973 deals with the qualification of members 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.
(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 well 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:

Disqualification 
Article 63 deals with disqualification.
A person shall be disqualified from being, a member (Parliament) if—
(a) He is of unsound mind and declared by a competent court; or
(b)  He is an undischarged insolvent; or
(c)  He ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d)  He holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or
(e)  He is in the service of any statutory body or which is owned or controlled by the Government; or
(f)  He is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or
(g) he is propagating against Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or
(h) He has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or
(i)  He has been dismissed from  the  service  of  Pakistan on the grounds of misconduct or moral turpitude; or
(j) He has been removed or compulsorily retired from the service of Pakistan on the grounds of misconduct or moral turpitude; or]
(k) He has been in the service of Pakistan or of any statutory body or anybody which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or
(l)  he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or
(m)  he has been convicted under section 7 of the Political Parties Act,        1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction; or
(n)  he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a co-operative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:
(o)  he holds any office of profit in the service of Pakistan other than the following offices, namely:-
(i)  An office which is not whole time office remunerated either by salary or by fee;
(ii)  The office of Lumbardar, whether called by this or any other title;
(iii)  The Qaumi Razakars;
(iv) Any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or
(p)  he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or
(q)  he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or
(r)  He or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or
(s)  He is for the time being disqualified from being elected or chosen as a member of the Parliament or of a Provincial Assembly under any law for the time being in force.

Privileges of members
Article 66 (1) of the Pakistani constitution guarantees “freedom of speech” in parliament and immunity from legal proceedings in respect of anything said there. Clause 2 says “in other respects the powers, immunities and privileges” of parliament and its members “shall be such as may from time to time be defined by law and until so defined, shall be such as were, before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof and its members”.
Clause 3 says provision may be made by law for the punishment of persons who refuse to give evidence or produce documents before a committee of the House when duly required by the Chairman of the committee so to do. The provision of this Article applies to the persons who have the right to speak in.

 Introduction and passing of bill
    Article 70 deals with passing and introduction of bill
 A bill of any legislation may be originated in either house, if it is passed from that house then would be sent to other house and if it is passed by that house without amendments shall be sent to president for approval.
If the bill transmitted to the House made amendments in the bill, shall be sent back to the House where the bill is originated and they passes the bill with amendments then it would be presented to the president for approval.
If the bill transmitted to the House rejected or not passed in 90 days or the proposal of amendment is not approved by that house then, bill shall be considered in the joint session and if passed by the vote of majority shall be sent to the president for approval.
When a bill is presented to the President for approval, he will within ten days:
a. Assent to the bill
b. If bill return to the Parliament with the message requesting that bill or any provision be reconsidered and that amendment  specified in the message be considered.
When the president has retuned the bill to Parliament, it shall be reconsidered by Parliament in joint sitting and if its again passed with or without amendment by Parliament by majority of votes, the president will give assent in ten days.
After the approval of President bill would become law and be called Act of Parliament. 

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