Sunday, 23 August 2020

Legislative Procedure of Parliament of Pakistan - Constitutional law notes LLB

Legislative Procedure of Parliament of Pakistan - Constitutional law notes LLB

1) Preface

The constitution of Islamic republic of Pakistan provides legislative procedure in part III
chapter 2. The parliament has three functions such as to make laws, to grant finance to
the Govt, and to administer the policies of the ministries. The important function of the
parliament is to make laws for the state. It is only legislative body. Through an
amendment in 1985 the legislative procedure has been made easy

2) Definition of Bill

A bill is proposal for new law and it does not become law until it is passed by the
legislature or approved by the executive.

3) Kinds of Bill

Following are kinds of bill.
1. Public Bill
Public bill is such bill which relates to the interest of people.
2. Private Bill
Private bill is such bill which relates to the interests of private individuals
3. Money Bill
Money bill is such bill which relates to the finance matters of the state.

4) Legislative procedure

For drafting a bill experts are selected and while drafting the bill complexities are avoided
and legislative
procedure of different bills is different.

1) Legislative procedure in non-Money bill

A. Preface of Bill
Bill is introduced in any house. If bill is introduced by gov't minister is called Govt bill if
presented by private member it is called private bill.
B. First reading
In the first reading the causes of presentation are explained by the member who
introduces the bill

C. Reference to committee
Bill is examined in detail in committee stage. The committee hears the evidence of
expert and any objection of the person who is interested in such bill
D. Second reading
Bill is discussed clause by clause and amendments are made during the second reading.
E. Third reading
After second reading third time it is read and it is sent to other house. The same stages
are also followed in the other house
F. President’s Assent to bill
If the bill is passed in the joint sitting, with or without amendment by the majority of
votes of the total membership of the house. It shall be presented to the president for
assent.
Case law
P.L.D. 2001. Kar. 415
It was held that bill would become law when assented it by the president or the
governor as the case may be.

2) Legislative procedure in Money Bill

In according with the article 73 of the constitution of Islamic republic of Pakistan a
money bill shall be originated in the National Assembly and after it is passed by the
National Assembly without being transmitted to the senate, be presented to the
president who will assent to the bill with in thirty day, otherwise the bill shall be
deemed to have been assented to and it shall become law
a) Features of Money Bill
A bill or amendment shall be supposed to be a money bill. If it shall contain provisions
dealing with all or any the following matters.
(a) The imposition, abolition, reduction, alteration of any tax.
(b) The borrowing of money or a giving of any guarantee, by the federal Govt.
(c) The custody of the federal consolidate fund, or the issues of moneys from the fund.
(d) The imposition of charge upon the federal consolidated fund,
(e) The receipt of money on account of the public accounts of the federation the
custody of issue of such money.
(f) The audit of the accounts of the federal Govt or a provincial govt.
(g) Any matter incidental to any of the matters specified above

b) Dispute regarding determination of Money Bill
If any question arises whether a bill is a money bill or not, the decision of the speaker of
the National Assembly shall be final

5) Discussion in senate

Now by the amendment in the constitution (Legal Frame Work order 2002) a money bill
can be discussed in the senate.
6) Difference between non-Money and Money Bills
Following are the differences between money and non-money bills.
1. As to nature
Money bill relates to finance matters.
Ordinary bill relates to the interest of private or public persons.
2. As to Origin
Money bill can be originated only in National Assembly.
Ordinary bill can be originated in either house.
3. As to transmission
Money bill is not transferred to other house.
Ordinary bill is transferred or transmitted to other house when passed by one house.

7) Preclude Remarks

To Preclude Remarks I can say that, legislative procedure has been made easy through an
amendment in 1885 in the constitution. The ordinary bill can be originated in either
house. if the house passed the bill through majority vote, it shall be transmitted to the
other house if the other house passes it without amendment, it shall be presented to
the president for his assent. The money bill is originated in only national assembly.

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