ASIAN GOVERNMENTS SUBJECT CODE : 18BPA33C PREPARED BY : Dr.R.Anitha Guest lecturer DEPARTMENT : PG and Research Department Of Public Administration CONTACT NO : 9003500812 Material prepared according to textbook and reference books given in the syllabus. SYLLABUS Pakistan SALIENT FEATURES 1)A Written Constitution The Constitution of 1973 is written with a preamble, 280 Article, 6 Schedules and a few Amendments. Political Usage's and Traditions are yet to emerge and develop side by side with the constitution of Pakistan. 2) Flexibility The Constitution is neither too rigid like the American Constitution nor too flexible like the British Constitution. It can he amended if 2/3 majority of the total strength of the National Assembly approves an amendment in it and when the same is absented to by the Senate with majority of its total strength. 3) Republican Form of Government According to the Constitution, Pakistan shall be an Islamic Republic. The Head of the State shall be elected by the parliament in a joint sitting for a term of five years. He may be re-elected for another term also. 4) Federal Form of Government Pakistan shall be a Federation consisting of the provinces of Sind, Punjab, N.W.F.P and Baluchistan. Powers of the Federation have been enumerated in the Federal Legislative list part-I and II and residuary powers belong to the provinces Powers common to both the federal and the provincial Governments have been enumerated in the Concurrent List. 5) Parliamentary Form of Government The Constitution provides for Parliamentary form of Government both at the centre and in the provinces. Both the Prime Minister and the Chief Ministers are held responsible to the National and Provincial Assemblies. They continue in office as long as they command confidence of the assemblies. 6) Bicameral Legislature The Legislature will Bicameral. The Lower House is called the National Assembly directly elected by the people on the basis of one man one vote for a term of 5 years. The upper House is called the Senate elected by the Provincial Assemblies on the basis of Proportional Representation. The National Assembly is subject to dissolution but not the Senate. 7) Fundamental Rights The Constitution grants and protects the fundamental rights of the citizens of Pakistan. They include the right to life, property, profession, liberty of thought and expression, freedom of association, religion, equality of citizens etc. In case of their violation, the affected person may go to the Courts for seeking redress of his grievances. 8) Pakistan to be a Welfare State The Constitution reflects the spirit of a Welfare State. It provides that illiteracy shall be removed; educational and economic interests of backward classes and areas shall be promoted; just and human conditions of work shall be provided; prostitution, gambling and consumption of alcoholic liquor shall be prohibited and well-being of the people, irrespective of caste, sex, creed or race will be secured by raising their standard of living. Basic necessities of life like food, housing, clothing, education, and medical relief shall be provided to the citizens who are permanently or temporarily unable to earn their livelihood. 9) Independence of Judiciary Although the members of the judiciary are appointed by the president yet the powers toremove them from their offices have not been given to him for ensuring independence of judiciary. The judges can be removed by the president only when the Supreme Judicial Council of Pakistan so advises him. The Constitution also provides independence of thejudiciary from the Executive. President Article 41, as amended in 2002 and 2003, provides that the president is head of state and "shall represent the unity of the republic." Article 41 also describes specifically how the "chief executive" of Pakistan shall "relinquish the office of chief executive on such day as he may determine in accordance with the judgment of the supreme court. .of the 12th of May, 2000, and. office for a term of five years." Musharraf was sworn in as president on November 16, 2002. To be eligible to be elected president one must be forty-five years old, a Muslim, and otherwise qualified to be elected to the lower house of the legislature. The term is five years, with reelection for one term permitted. The president is selected by an electoral college consisting of members of both houses of the legislature and provincial assemblies. The duties and powers of the president include granting pardons and commuting sentences; Appointing ministers, the provincial governors on the advice of the prime minister, the chiefs of the branches of the armed forces, and the chair of the joint chiefs of staff; Dissolving the lower house on the advice of the prime minister, having the confidence of that house, and calling for elections; and vetoing legislation, although a veto may be overridden if repassed by majority vote of both houses. Article 232 gives the president the power to proclaim an emergency, which may lead to the suspension of certain rights under the constitution. The Executive assume the office of president of Pakistan and hold Prime Minister and Cabinet: In making decisions the president is required to act in accordance with the advice of the prime minister and cabinet members, whom the president appoints from among the members of the lower house. The president may ask that they reconsider their advice, although the recommendation must be followed if the advice does not change. But subsection 48(2) states that notwithstanding the foregoing, "the president shall act in his discretion in respect of any matter in respect of which he is empowered by the constitution to do so and the validity of anything done by the president in his discretion shall not be called in question on any ground whatsoever." Parliament Article 50 provides that "there shall be a Majlis-e-Shoora (parliament) of Pakistan consisting of the president and two houses to be known respectively as the national assembly and the senate" the Legislature. Upper House: The senate consists of 100 members. As amended in 2002, article 59 provides that senators are to be elected by the provincial assemblies, the tribal areas, and from the federal capital; four women members are to be elected from each province, and several seats are reserved for "technocrats." A senator must be a citizen and thirty years old. The senate elects a chair and deputy chair for three-year terms and, unlike the assembly, is not subject to dissolution. Lower House:The national assembly has some 272 Muslim members elected for a maximum of five years by direct and free vote; sixty seats are reserved for women, and ten for certain religious minorities. Seats are allocated to each province, tribal area, and the federal capital on the basis of population. To be a member of the assembly a person must be a citizen and twenty-five years old. After elections the assembly elects both a speaker, who stays on until replaced even after dissolution of the assembly, and a deputy speaker. The assembly must meet for at least three sessions a year for a total of at least 130 days, with no more than 120 days between sessions. Except for money bils, which must originate and be passed in the assembly, bills concerning matters within the competence of the national legislature as set forth in the constitution may originate in either house. If pass assent. A bill that is passed but amended in the second house may be passed in a joint session by a majority of the total membership of both houses; it then goes to the president. Presidential vetoes may also be reconsidered in a joint session. The president may from time to time summon either house or both houses to meet and may terminate such sessions. Decisions are made by a majority of those present and voting: the presiding officer votes only in the case of a tie vote. One-fourth of the members constitute a quorum. A number of qualifications and disqualifications for service are set forth in the constitution, some with fairly subjective standards, and the parliament is permitted to prescribe even more. I by both houses, a bill is sent to the president for his or her. The Judiciary Part 7, article 175, the Judicature, provides that (1) There shall be a supreme court of Pakistan, a high court for each province and such other courts as may be established by law. (2) No court shall have jurisdiction save as it is or may be conferred on it by the constitution or by or under any law. (3) The judiciary shall be separated progressively from the executive within fourteen years from the commencing day. Judiciary Supreme Court: The supreme court is made up of a chief justice and other judges determined by law "or, until so determined, as may be fixed by the president." It has exclusive and original jurisdiction in disputes between the federal and provincial governments but may make only declaratory judgments in such cases. It is also authorized to enforce fundamental rights and hear appeals from the high courts. The president may refer questions of law to the supreme court. The chief justice and the other judges are appointed by the president, after consulting with the chief justice, from among citizens with at least five years of experience as a judge on a high court or fifteen years of experience as an advocate of a high court. The supreme court has undertaken some judicial review, and the constitution makes its decisions binding on all courts; however, article 239(6) provides that there is no limit to the power of the legislature to amend any provision of the constitution.