| 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. |
Compare data for parliamentary chambers in the Mandate module
