Sunday, 23 August 2020

National Assembly of Pakistan - Constitutional law notes LLB

National Assembly of Pakistan - Constitutional law notes LLB

1) Preface

Under the Pakistan constitution 1973, National assembly is the lower house of
parliament. It is more powerful institution in law making and financial matter. National
assembly of Pakistan is more powerful than senate.
There shall be three hundred and forty-two (342) seats for members in the National
Assembly, including seats reserved for women and non-Muslims.
2) Parliament under the constitution of 1973
Parliament is an authoritative institution. It can enact any type of law. It is a symbol of
the people sovereignty. Parliament in Pakistan which known as “Majlis-e-Shura” consists
of the president and two houses known as National assembly and the Senate.

3. Relay Article

Article constitution of Pakistan 50,73,91,93,95,142,143.

4) position of national assembly

The national Assembly has been given more powers than the powers granted to the senate.
Following are the reasons which make National Assembly superior than senate.
National Assembly is elected on the basis direct, free and secret vote.
All members are answerable to the National Assembly not to the Senate.
National Assembly is entitled to vote upon the demand for grants of money.
Money bill are introduced only in the National Assembly.

5) Condition for voters

Following are the conditions for voter.
Voter should be citizen of Pakistan
Voter should be not less than 18 years of age
Voter should be sound minded
Voter’s name should exist in the electoral roll

6) Qualification for member of National assembly

Following are the qualification of the member of senate.
1. Muslim
The candidate must be a Muslim by faith.
2. Citizenship
The candidate must be a citizen of the Pakistan.
3. Age
The candidate must not be less than 25 year of age.
4. Office of profit
The candidate should not hold any office of profit in Pakistan
5. Name in electoral roll
Candidate’s name should be in electoral roll.
6. Mentally and physically fit
The candidate must be mentally and physically fit.

7) Method for election of National Assembly

The members of National Assembly are elected by direct method of election.

8) Term of National Assembly

The term of National Assembly is five years, the term of five years shall start from the
day of its first meeting and shall dissolve at the expiration of its term.

9) Quorum

The quorum is one-fourth (1/4) membership of the assembly.

10) Summoning and propagating of the session

National Assembly shall be summoned and prerogative by the president of Pakistan.

11) Dissolution of national assembly

National Assembly can be dissolved by the President of Pakistan on the advice of Prime
Minister but the prime minister cannot give advice when resolution of vote of no
confidence is under process in the house.

12) Powers and function of National Assembly

1. Legislation
The primary function of the National assembly is an enactment of law and it can enact
any type of law after enactment is forward to senate and If it is passed by the senate
than it is forwarded to president for approval.
2. Amendment in the constitution
National Assembly has power to amend constitution by the two third (66%) majority
votes of its total membership.

3. Administrative

National Assembly has full control over Administration. It controls the leader of the
house and ministers. Following methods are adopted to control the administration.
1. Questions
The members of the National Assembly can put questions to the ministers of the
concerned department.
2. Resolution
National Assembly can pass a resolution to express its view over any important matter
related to administrative affairs.
3. Vote of No-confidence
National Assembly can pass a vote of No-confidence against the Prime Minister.
4. Criticism to polices
National Assembly can criticize the policies of the Federal Government.
5. Vote of censure (Disapproval)
Besides criticism and questions the assembly can vote of censure (Disapproval) against
administrative acts.

4. Financial affairs

1) Preparation of budget
The budget is prepared under the supervision of the National Assembly.
2) Approval of taxes
The National Assembly gives approval for imposition of all taxes.
3) Approval of expenditures
The National Assembly gives approval to the expenditures.
4) Money bill originate in National Assembly
All money bills always originate in the National Assembly.

5) Power to criticize and discuss the budget
National Assembly has power to criticize and discuss the budget when it is prepared.

5. Electoral functions

1. Election of P.M
The National Assembly elects its leader mean Prime Minister
2. Election of President
The National Assembly elects the president of Islamic Republic of Pakistan.
3. Election of speaker and deputy speaker
The National Assembly its own speaker and deputy speaker.

6. Judicial powers

1) Determination of organization of judiciary
The National Assembly determines the organization of the judiciary and number of
judges.
2) Impeachment of president
The National Assembly is empowered to proceed impeachment against the president.
3) Emergency powers and functions
The National Assembly can declare an emergency in the country. When there exists a
grave danger to security of Pakistan. This is infect power of president in emergency.
National Assembly can make laws in this regard.

13) Preclude Remarks

TO conclude I can says that. The Parliament is the supreme institution of the country. It
is a law making body. It consists of two houses National Assembly and the senate.
National Assembly is directly elected by the people. The term of National assembly is
five years, it can be dissolved by the president. The leader of the National Assembly is
prime minister. National assembly in Pakistan is more powerful than Senate.

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