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PAKISTAN
Senate

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Majlis-E-Shoora / Parliament
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Structure of parliament Bicameral
Chamber name Senate
Related chamber (for bicameral parliaments) National Assembly
Affiliation to the IPU Yes
Affiliation date(s) 1948 - 1969
1974 - 1978
1985 - 2000
2003 -
LEADERSHIP
President Muhammad Sadiq Sanjrani (M) 
Notes Elected on 12 March 2018.
Secretary General Amjed Pervez (M) 
Notes 1 Sep. 2013 -
COMPOSITION
Members (statutory / current number) 104 / 104
PERCENTAGE OF WOMEN


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Women (current number) 20 (19.23%)
Mode of designation indirectly elected 100
Notes Indirectly elected:
- 23 by each of the country's four provincial assemblies;
- 8 by the members of the National Assembly who represent the Federally Administrated Tribal Areas;
- 4 chosen to represent the federal capital, Islamabad, by the members of the National Assembly.
Of the 104 seats, 17 seats are reserved for women, 17 others are reserved for technocrats and ulemas, and four for non-Muslim minorities (one member per province).
Term 6 years; one-half of the membership is renewed every 3 years
Last renewal dates 3 March 2018
(View details)
CONTACT INFORMATION
Address Senate
Parliament House
Constitution Avenue
ISLAMABAD 44000
(Export mailing lists)
Phone (9251) 921 05 44
921 22 65
Fax (9251) 920 90 96
287 59 67
E-mail ipr@senate.gov.pk
Website
http://www.senate.gov.pk

ELECTORAL SYSTEM

Parliament name (generic / translated) Majlis-E-Shoora / Parliament
Structure of parliament Bicameral
Chamber name Senate
Related chamber (for bicameral parliaments) National Assembly
LEGAL FRAMEWORK
Electoral law 11 February 2002
Election Laws (Volume I - III)
Mode of designation indirectly elected 100
Constituencies - four constituencies of 22 seats corresponding to the country's four provinces (14 general seats; 4 reserved for women and 4 for technocrats/ulemas);
- one constituency of eight seats (8 general seats) corresponding to the Federally Administrated Tribal Areas (FATAs, tribal zones under federal administration);
- one constituency of 4 seats (2 general seats, 1 seat reserved for women and 1 for a technocrat or ulemas) corresponding to the federal capital.
Voting system : Indirect elections.
Proportional representation system and single transferable vote.
22 Senators are elected by each of Pakistan's four Provincial Assemblies, 8 are elected by the National Assembly members from the Federally Administered Tribal Area and 4 are chosen from the Federal Capital by members of the National Assembly.
Vacancies arising between general elections are filled through by-elections.
Voting is not compulsory.
Voter requirements - membership of Provincial Assembly or National Assembly

CANDIDATES
Eligibility Qualified electors
- age: 30 years
- Pakistani citizenship
- good moral reputation
- if Muslim, fulfilment of certain conditions relating to Islam
- ineligibility: conviction of crime involving moral turpitude or giving false evidence, personal action against the integrity of the country, undischarged bankruptcy, imprisonment for a term of not less than five years
- government contractors
Incompatibilities - membership of the armed forces
- holding of public office or office of profit in the service of Pakistan
Candidacy requirements - candidatures proposed and seconded by electors of the same constituency
- deposit of Rs. 2,000

LAST ELECTIONS

Parliament name (generic / translated) Majlis-E-Shoora / Parliament
Structure of parliament Bicameral
Chamber name Senate
Related chamber (for bicameral parliaments) National Assembly
BACKGROUND
Dates of election / renewal (from/to) 3 March 2018
Timing and scope of renewal Elections were held for a half of the seats (52) in the Senate.
Text is being prepared.
STATISTICS
Voter turnout
Distribution of votes
Distribution of seats
Distribution of seats according to sex
Men

Women

Percent of women
84

20

19.23%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Nine women were elected in 2018. As at 12 March 2018, 20 out of a total of 104 senators were women.

Source: Senate (12.03.2018, 15.03.2018)

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Majlis-E-Shoora / Parliament
Structure of parliament Bicameral
Chamber name Senate
Related chamber (for bicameral parliaments) National Assembly
APPOINTMENT AND TERM OF OFFICE
Title Chairman of the Senate
Term - 3 years from the day on which he enters upon his office.

The Office of Chairman becomes vacant if:
- he resigns his office;
- he ceases to be a member of the Senate; or
- he is removed from office by a resolution of the Senate, of which not less than seven day's notice has been given and which is passed by the votes of the majority of the total membership of the Senate.

If the office of the Chairman becomes vacant the Senate elects another member as its Chairman.
Appointment The Chairman is elected by the Senate after members were sworn in.
(Rule 9 of the Rules of Procedure and Conduct of Business in the Senate 1988)
Eligibility - Members of the Senate.
- Chairman only belongs to a Majority Party.
Voting system - Formal vote by secret ballot of members of the Senate.
- Chairman is elected by by simple majority.

- On the day of election, the Presiding Officer reads out to the Senate the names of the members who have been duly nominated and have not withdrawn their candidature, as also the names of their proposers, and, if there is only one such member, shall declare that member to have been elected.
- Where, after withdrawals, if any, there remain only two candidates for election, a ballot is held between them and the candidate who secures more votes than the other is declared to have been elected. If both the candidates secure an equal number of votes, a fresh ballot is be held between them until one of them secures more votes than the other, and the candidate securing more votes declared to have been elected.
- Where, after withdrawals, if any, there remain more than two candidates for election, the candidate securing more votes than the aggregate of votes secured by the other candidates is declared to have been elected. If no candidate secures more votes than the aggregate of votes secured by the other candidates, there is a fresh ballot at which the candidate who secured the lowest number of votes at the last ballot is excluded from the election, and the balloting in like manner proceed until one candidate secures more votes that the remaining candidate or, as the case may be, the remaining candidates in the aggregate, and such candidate is declared to have been elected.
- Where at any ballot any three or more candidates secure an equal number of votes and one of them has to be excluded from election, the question as to which one of such candidates is to be excluded is determined by drawing of lots.
- Single Round secret ballot. According to Rule 9 (8) of the Rules of Procedure and Conduct of Business in the Senate, where at any ballot any three or more candidates secure an equal number of votes and one of them has to be excluded from election under sub-rule (7), the question as to which one of such candidates is to be excluded shall be determined by drawing of lots.
Procedures / results - A person nominated by the President presides over the Assembly during the voting
- the Presiding Officer announces the results
- the voting is supervised by staff of the Senate Secretariat
- the results can be challenged
STATUS
Status - The Speaker of National Assembly comes after the Chairman Senate in order of precedence.
- The Chairman is also administrative Head of Secretariat.
- In the Chairman's absence, he/she replaced by the Deputy Chairman.
- If the office of Chairman becomes vacant by reason of death, resignation or removal of the President, the Chairman or, if he is unable to perform the functions of the office of President, the Speaker of the National Assembly acts as President until a President is elected.

- The Chairman of the National Assembly presides at every joint sitting. In the absence of the Speaker, the Chairman of the Senate presides at a joint sitting.
- The Speaker represents the Assembly in international bodies.
- The Speaker is responsible for relations with foreign Parliaments
- The Speaker does not represent the Assembly with the public authorities.
Board - Finance Committee assists the Chairman in regulating finances and expenditure.
- The expenditure of the Senate within authorized appropriations is controlled by Senate acting on the advice of its Finance Committee.
- The Finance Committee consists of the Chairman, the Minister of Finance and such other members as may be elected thereto by the Senate.
- The Committee meets whenever required by the Chairman.
Material facilities NA (no information received)
FUNCTIONS
Organization of parliamentary business - On a requisition signed by not less than one fourth if the total membership of the Senate, the Chairman can summon the Senate to meet, at such time as place as he therein fit, within fourteen days of the receipt of the requisition; and when the Chairman summons the Senate only he can prorogue it.
- The Chairman, after consultation with the Leader of the House or the Minister for Parliamentary Affairs or any other Minister so authorized and the Leader of the Opposition or a number authorized by him in this behalf, fixes the time and date for discussion of the Senate.
Chairing of public sittings - can open, adjourn and close sittings;
- ensures respect for provisions of the Constitution and Standing Orders;
- makes announcements concerning the Assembly.
- holds authority to recognize list of Members who wish to speak and gives and withdraws permission to speak: In order to save time and repetition of arguments the Chairman has the power to select one of the several identical or substantially identical amendments to be proposed and also to hold a single discussion to cover a series of independents amendments. The Chairman determines the place at which an amendment is to be moved. He may refuse to propose an amendment which, in his opinion, is frivolous or meaningless.
- can call for a vote, decide how it is to be carried out, verify the voting procedure and cancel a vote in the event of irregularities.
- can check the quorum: according to Rule 5 (2) of the Rules of Procedure and Conduct of Business in the Senate, if, at any time during the continuance of a sitting, attention of the Chairman is drawn to the fact that less than one-fourth of the total membership of the Senate is present, he shall suspend the business of the Senate and cause the bells to be rung for five minutes, but if no quorum is available even when the bells stop ringing, he shall adjourn the sitting.
- can authenticate the adopted texts and the records of debates: according to Rule 232 of the Rules of Procedure and Conduct of Business in the Senate, if the Chairman is of opinion that words have been used in debate which are defamatory, indecent, unparliamentary or undignified, he may, in his discretion, either during the debate or subsequently, order that such words be expunged from the proceedings of the Senate.

According to the Rules of Procedure and Conduct of Business in the Senate:
- the Senate shall sit on such days as the Chairman, having regard to the state of business of the Senate, may, from time to time, direct (Rule 19).
- every sitting shall commence with recitation from the Holy Quran followed by its Urdu translation (Rule 19).
- every sitting of the Senate shall commence at such hour as the Chairman may direct (Rule 20).

Subject to the other provisions of these rules, the Chairman may:
- adjourn a sitting of the Senate sine die or to a particular day or to some other time on the same day; and
- if he thinks fit, call sitting of the Senate at a time or date different from that to which it was earlier adjourned.
Special powers - The Chairman shall preserve order and shall have all powers necessary for the purpose of enforcing his decisions (Rule 217 of the Rules of Procedure and Conduct of Business in the Senate).
- For the purpose of enforcing the orders of the Chairman, there shall be a Sergeant-at-Arms to be assisted by such Staff or officials subordinate to him as may be necessary.

- The expenditure of the Senate within authorized appropriations is controlled by the Senate acting on the advice of its Finance Committee. The Committees consists of the Chairman, the Minister for Finance and such other members as may be elected by the Senate.

The Chairman has power in:
- recruiting, assigning and promoting Secretariat staff, including the Clerk.
- organizing the services of Parliament.

- The Chairman has no role in the promulgation of laws nor in ensuring the constitutionality of laws.
- The Chairman is not entitled to appoint committees and/or their presiding officers.

Speaking and voting rights, other functions Speaker can:
- take the floor in legislative debate
- give directives for the interpretation or completion of the text under discussion.
- intervene in the parliamentary oversight procedures (censure, interpellation, oral or written questions, petitions)
- examines the admissibility of bills and amendments.

Speaker shall not:
- vote except in the event of an equality of votes (Rule 214 of the Rules of Procedure and Conduct of Business in the Senate)
- propose bills or amendments
- play a specific role in the conduct of foreign affairs or defense matters

- "Interpret" the rules or other regulations governing the life of the Assembly: according to Rule 237 of the Rules of Procedure and Conduct of Business in the Senate, all matters not specifically provided for in these rules and all questions relating to the detailed working of these rules shall be regulated in such manner as the Chairman may, from time to time, direct.
- Discretionary power to give the floor outside the agenda / organize impromptu debates: according to Rule 236 of the Rules of Procedure and Conduct of Business in the Senate, whenever any inconsistency or difficulty arises in the application of these rules, or is otherwise considered necessary, any member may, with the consent of the Chairman, move that any rule may be suspended in its application to a particular motion before the Senate, and if the motion is carried the rule in question shall stand so suspended.

- The Chairman is responsible to preserve order and decorum, and in the case of disturbance or disorder in the galleries, may cause them to be cleared. The Chairman preserves order and have all powers necessary for the purpose of enforcing his decisions.
- For the purpose of enforcing the orders of the Chairman, there is a Sergeant-at-Arms to be assisted by such Staff or officials subordinate to him as may be necessary.

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Majlis-E-Shoora / Parliament
Structure of parliament Bicameral
Chamber name Senate
Related chamber (for bicameral parliaments) National Assembly
NATURE
Nature of the mandate The mandate is one of free representation or one of linked representation (imperative mandate).
Start of the mandate When the member takes the oath.
Validation of mandates N/A
End of the mandate On the last day of the legal term of the legislature or , in the event of early dissolution.
Can MPs resign? Yes According to the Constitution of Pakistan,
(1) A Member of Parliament may, by writing under his hand addressed to the Speaker or, as the case may be, the Chairman resigns his seat, and thereupon his seat shall become vacant.
(2) A House may declare the seat of a member vacant if, without leave of the House, he remains absent for forty consecutive days of its sittings.
Can MPs lose their mandate ? Yes - MPs be recalled before the expiry of their mandate by the elections, subject to fulfillment of the provision of the Constitution and Law.
- If a member is absent, without leave of the Senate, for forty consecutive days of its sittings the Chairman shall bring the fact to the notice of the Senate and thereupon any member may move that the seat of the member who has been so absent be declared vacant.

MPs can lose their mandate following a judicial decision in certain circumstances (Article 63 of the Constitution)

Members who resign from their political party, or who are considered by the head of the parliamentary party to have defected, can lose their mandate (Article 63A of the Constitution).
STATUS OF MEMBERS
Rank in hierarchy N/A
Indemnities, facilities and services - Salary: Rs.5000 + allowance of Rs.12,700 + Travel & Telephone expenses.
- MP's salary/allowances are not tax exempt.
- No pension is given to MPs.

MPs must declare their assets for accountability at the start, during, and end of their mandate to Election Commission of Pakistan.
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability According to Article 66 of Constitution of Pakistan,
(1) Subject to the Constitution and to the rules of procedure of Parliament, there shall be freedom of speech in Parliament and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament, and no person shall be so liable in respect of the publication by or under the authority of Parliament of any report, paper, votes or proceedings.
(2) In other respects, the powers, immunities and privileges of Parliament, and the immunities and privileges of the members of parliament, shall be such as may from time to time be defined by law and, until; so defined, shall be such as were, immediately before the commencing day, enjoyed by the National Assembly of Pakistan and the committees thereof and its members.

- Parliamentary immunities-parliamentary non-accountability is limited to words written and spoken by MPs and votes cast by them in Parliament.
- In cases of slander and libel MP is accountable to law as other citizens.
- Non-accountability take effect upon the day when the mandate begins.
- Once the mandate has expired, non-accountability does not provide protection against opinions expressed during the mandate and then covered by non-accountability.
Parliamentary immunity - parliamentary inviolability According to Article 68 of Constitution of Pakistan, no discussion shall take place in Parliament with respect of the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
And according to Article 69,
(1) the validity of any proceedings in Parliament shall not be called in question on the ground of any irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in Parliament, shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
(3) In this Article, Parliament has the same meaning as in Article 66.

Parliamentary immunity - parliamentary inviolability does NOT protect Mps from the following things:
- criminal proceedings or civil proceedings
- the opening of judicial proceedings against them or only against their being arrested and held in preventive detention
- search of their homes
- being called to appear as witnesses before a judge or tribunal

Protection provided from the start of the parliamentary mandate and during session as well as during when House is not in session, but not between the dissolution of Parliament and the election of the new Parliament.

Parliament cannot suspend prosecution but in the event of preventive detention or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament.
According to Rule 72A of the Rules of Procedure and Conduct of Business in the Senate, (1) The Chairman or Chairman of a Committee may summon a member in custody on the charge of any offence or under any law relating to preventive detention to attend a sitting or sittings of the Senate or meeting of a Committee of which he is a member if he considers his presence necessary.
(2) On a Production Order, signed by the Secretary or by any other officer authorised by the Chairman in this behalf, addressed to the Federal Government or, as the case may be, the Provincial Government where the member is held in custody, or to the authority having or holding custody of the member, the Federal Government or the Provincial Government or such other authority shall cause the member in custody to be produced before the Sergeant-at-Arms who shall, after the conclusion of the sitting or the meeting, deliver the member into the custody of the Federal Government or the Provincial Government or other authority, as the case may be.

- MPs cannot be accused of offending Parliament.
EXERCISE OF THE MANDATE
Training - Parliament does not provide training but some civil society organization & political parties have conducted training concerning parliamentary procedures and practices. Some Political Parties have arranged a few training sessions for their members.
- Senate published a hand book and also provides a CD explaining the procedure & functions of the Senate.
Participation in the work of the Parliament - It is not compulsory for a member to attend the sitting but for holding a session one-fourth of total member's attendance is required. A sitting is suspended if less than one-fourth of the total membership is present, and adjourned if no quorum is reached within five minutes (Rule 5(2) of the Rules of Procedure and Conduct of Business in the Senate)

Members may request leave of absence in writing from the Chairman of the Senate (Rule 15 of the Rules of Procedure and Conduct of Business in the Senate)

According to Rule 17 of the Rules of Procedure and Conduct of Business in the Senate,
- if a member is absent, without leave of the Senate, for forty consecutive days of its sittings the Chairman shall bring the fact to the notice of the Senate and thereupon any member may move that the seat of the member who has been so absent be declared vacant.
- if the seat of the member is declared vacant, the Secretary shall communicate the fact to the Chief Election Commissioner and to the member concerned.
Discipline The rules governing discipline within Parliament are set out in Rules 199-200 of the Rules of Procedure and Conduct of Business in the Senate
Code (rules) of conduct N/A
Relations between MPs and pressure group There are there legal provisions governing the relations between MPs and pressure groups.

This page was last updated on 16 August 2018
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