| Parliament name (generic / translated) |
Majlis-E-Shoora / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
National Assembly |
| Related chamber (for bicameral parliaments) |
Senate
|
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POLITICAL SYSTEM
|
| Type of political regime |
parliamentary |
| Notes |
The President is the Head of State and represents the unity of the Republic (Article 41 of the Constitution). Note that on 12 October 1999, the Government of Prime Minister Nawaz Sharif was removed from power by the armed forces led by General Pervez Musharraf. The Constitution is "in abeyance" as of 12 October 1999, and a provisional Constitution order has been issued. |
| Head of the executive |
President of the Republic |
| Notes |
Executive authority vests in the President and is exercised by him, either directly or through officers subordinate to him (Article 90 of the Constitution). The cabinet of ministers, with the Prime Minister at its head, aids and advises the President in the exercise of his functions. |
| Method for appointing the executive |
The President is elected in accordance with the provisions of the second schedule by the members of an electoral college consisting of the members of both chambers and the members of the provincial Assemblies (Article 41.3 of the Constitution). The President appoints from amongst the members of the National Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the majority of its members. The President appoints the other members of Government from amongst parliamentarians. |
| Term of office of the executive and coincidence with the term of the legislature |
The President holds office for a term of five years from the day he enters office, but notwithstanding the expiration of his term, continues to hold office until his successor enters office (Article 44 of the Constitution). A person holding office as President is eligible for re- election to that office, but no person may hold that office for more than two consecutive terms. The President's term coincides with the five-year term of the National Assembly, but not with the six-year term of the Senate. The Prime Minister holds office at the pleasure of the President, but the latter only exercises the power to dismiss if he is satisfied that the Prime Minister does not command the confidence of a majority of the National Assembly. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Government ministers are parliamentarians. A minister who for any period of six consecutive months is not a member of the National Assembly ceases to be a minister and cannot be a minister again unless he is elected a member of the Assembly. |
| Dissolution of Parliament |
Yes |
|
|
|
The President dissolves the National Assembly if so advised by the Prime Minister (Article 58 of the Constitution). The President may also dissolve the National Assembly when, in his opinion, (i) a vote of no confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of its majority; or (ii) a situation has arisen in which Government cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. |
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The National Assembly is dissolved 48 hours after the Prime Minister has so advised. The President, in a situation in which Government cannot be carried on, refers the matter within 15 days of the dissolution to the Supreme Court, which decides the reference within 30 days. When the President dissolves the National Assembly, he fixes, in his discretion, a date, not later than 90 days from the date of the dissolution, for the holding of a general election and appoints a caretaker cabinet. Over the last 11 years (1990-2000), four dissolutions of the National Assembly occurred. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The cabinet, together with the ministers of state, are collectively responsible to the National Assembly (Article 91, paragraph 4 of the Constitution). However, all executive actions of Government are taken in the name of the President (Article 99, paragraph 1 of the Constitution). It is the duty of the Prime Minister (i) to communicate to the President all decisions of the cabinet relating to the administration of the affairs of the federation and proposals for legislation; (ii) to furnish such information relating to the administration of the affairs of the federation and proposals for legislation as the President may call for; and (iii) if the President so requires, to submit for the consideration of the cabinet any matter on which a decision has been taken by the Prime Minister or a minister but which has not been considered by cabinet. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Government accountability to the parliament is brought into play by questions put to ministers. |
- Government reports to Parliament
|
Not applicable |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
The Prime Minister, upon his appointment, takes a vote of confidence from the National Assembly. A private member can also move for leave to introduce a bill in the National Assembly with respect to any matter mentioned in the legislative lists in the Constitution, thereby contributing to Government accountability. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
A resolution for a vote of no confidence by the National Assembly may be moved against the Prime Minister (Article 95 of the Constitution). |
|
|
A resolution for a vote of no confidence may be moved by not less than 20 per cent of all members of the Assembly. A resolution may not be voted upon before the expiration of three days, or after seven days, from the day on which such resolution is moved in the Assembly. Motions of censure may not be moved in the Assembly while it is considering demands for grants submitted to it in the annual budget statement. It is passed by a majority of the total membership of the Assembly. |
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If the resolution is passed, the Prime Minister ceases to hold office along with his cabinet. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President may be removed from office on the grounds of physical or mental incapacity or impeached on a charge of violating the Constitution or of gross misconduct (Article 47 of the Constitution). |
|
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Not less than one half of the total membership of either chamber may give to the Speaker of the National Assembly written notice of their intention to move a resolution for the removal of, or impeachment of, the President, and such notice sets out the particulars of his incapacity or of the charge against him. The Speaker causes, within three days of the receipt of a notice, a copy of the notice to be transmitted to the President, who then summons the two chambers to meet in a joint sitting not earlier than seven days and not later than 14 days after the receipt of the notice. The joint sitting may investigate or cause to be investigated the grounds or the charge upon which the notice is founded. The President has the right to appear and be represented during the investigation, if any, and before the joint sitting. |
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If after consideration of the result of the investigation, a resolution is passed at the joint sitting by the votes of not less than two thirds of the total membership of both chambers, declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President ceases to hold office immediately on the passing of the resolution. |
- Have these procedures been applied?
|
|
|
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The cabinet, together with the ministers of state, are collectively responsible to the National Assembly (Article 91, paragraph 4 of the Constitution). |
| Means and modalities of oversight |
|
|
The parliament exercises oversight over the actions of the administration by holding hearings in committees. |
- Committees of inquiry and missions to Government departments
|
Not applicable |
- Oral and written questions of parliamentarians
|
Parliamentarians can put oral and written questions to Government. Not less than 13 clear days notice must be given for an oral question, unless the Speaker, with the consent of the minister concerned, allows a question to be asked at shorter notice. No question can be placed on the list of questions until eight clear days have expired from when a notice is given to the minister or other member. Not more than three starred questions including short notice questions and five un-starred questions from the same member can be placed on the list of questions for any one day, and not more than three supplementary questions can be asked in respect of any questions.
Parliamentarians may ask written questions of public importance relating to the functions and working of ministries. A separate notice for each question is given in writing to the secretary and specifies the official designation of the minister to whom it is addressed. The ministry concerned gives an answer in writing to the Assembly, and answers are placed before the Assembly on a specific day.
|
- Role of Parliament in the appointment of senior Government officials
|
Not applicable |
- Activity reports of the Government administration and of public services or establishments
|
Several reports from administrative services are laid before the Assembly, namely the SPB annual report, the Islamic Ideology Council report, the FPSC annual report and the finance committee annual report. |
- Representation of Parliament in governing bodies of the Government administration
|
Parliamentarians can be elected or appointed to the governing bodies of administrative or other public establishments. |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The Ombudsman in Pakistan is called the Mohtasib and is appointed by the President. |
- Relationship to Parliament
|
The Mohtasib may, on complaint by any aggrieved person, on a reference by the President or by Parliament, or on a motion of the Supreme Court or a high court made during the course of any proceedings before it, or on the Mohtasib's own initiative, undertake any investigation into any allegation of mal-administration on the part of any agency or any of its officers or employees. |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
The National Assembly is not consulted in the preparation of the budget. |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
All revenues received, all loans raised and all moneys received by Government form part of a consolidated fund (Article 78 of the Constitution). All other moneys received by or on behalf of Government, or received by or deposited with the Supreme Court or any other court are credited to the public account of the federation. The custody of and payment of moneys into and withdrawal of moneys from that fund, the custody of other moneys received by Government, their payment into, and withdrawal from the public account of the federation, and all matters connected with or ancillary to these matters, are regulated by law. In respect of every financial year, Government causes to be laid before the National Assembly a statement of the estimated receipts and expenditure of Government for that year, referred to as the annual budget statement. This statement shows separately the sums required to meet expenditure charged upon the federal consolidated fund and the sums required to meet other expenditure to be made from that fund, and distinguishes expenditure on revenue accounts from other expenditure.
So much of the annual budget statement as relates to expenditure charged upon the federal consolidated fund may be discussed in, but may not be submitted to the vote of, the National Assembly. So much of the statement as relates to other expenditure, is submitted to the Assembly in the form of demands for grants, and the Assembly has power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein. Provided that, for a period of 10 years from the commencing day or the holding of the second general election to the Assembly, whichever occurs later, a demand is deemed to have been assented to without any reduction of the amount specified, unless, by the votes of a majority of the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount specified. |
- Reports on the budget / finance act by Committees
|
Not applicable |
| Fields overseen |
|
|
Not applicable |
- Budget of special departments
|
Not applicable |
- Role of Parliament in national development plans
|
Not applicable |
| Parliament's deadline for the examination and adoption of the budget / finance act |
A money bill originates in the National Assembly, provided that simultaneously when it is presented, a copy is transmitted to the Senate, which may, within seven days, make recommendations to the Assembly. The latter considers these recommendations, but can pass and present it to the President for assent, with or without incorporating them. |
| Consequences of failure by Parliament to adopt the budget / finance act |
No provisions are foreseen in this respect. |
| Budgetary autonomy of Parliament |
Yes |
Within authorised appropriations, parliamentary expenditures are controlled by the National Assembly, or, as the case may be, by the Senate acting on the advice of its finance committee. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
Not applicable |
| Parliamentary oversight of public companies |
Yes |
It is the duty of the public accounts committee to examine the statement of accounts showing the income and expenditure of state corporations and semi-autonomous bodies. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The body responsible for auditing the Government's books is the auditor general's office. The auditor general is appointed by the President (Article 168 of the Constitution). The auditor general may not be removed from office except on like grounds as for a Judge of the Supreme Court. In relation to the accounts of the federation and of the provinces and of any authority or body established by them, the auditor general performs such functions and exercises such powers as may be determined by or under an act of the parliament and, until so determined, by order of the President. |
- Reports of the public auditor's office
|
The reports of the auditor general relating to the accounts of the federation are submitted to the President, who causes them to be laid before the National Assembly, while reports relating to the accounts of a province are submitted to the relevant governor, who causes them to be laid before the provincial Assembly (Article 171 of the Constitution). |
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|
The public accounts committee examines public accounts showing the appropriation of sums granted by the Assembly for the expenditure of Government, the annual finance accounts of Government, the report of the auditor general and such other matters as the minister of finance may refer to it. |
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OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over foreign policy through the foreign relations committee. |
|
|
Not available |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not applicable |
- Plenary debates on foreign policy issues
|
The parliament exercises oversight over foreign policy by organising plenary debates over foreign policy issues. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Parliament can take the initiative to send parliamentary delegations to intergovernmental meetings, but governmental approval is required. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
Government is not bound to submit any treaty to the National Assembly for ratification. |
- Other mechanisms for participation in foreign policy by Parliament
|
In addition to the above, parliamentarians can discuss foreign policy issues with motions and resolutions, but their recommendations are not binding on Government. |
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not applicable |
|
|
Not applicable |
- Composition of the Committee
|
Not applicable |
| Parliamentary oversight of public arms manufacturing companies |
Not applicable |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
Not applicable |
- Role of Parliament in sending troops abroad
|
Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
|
Not applicable |
|
STATE OF EMERGENCY
|
| Circumstances |
If the President is satisfied that a grave emergency exists in which the security of the country, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a provincial government to control, he may issue a proclamation of emergency (Article 232 of the Constitution). A proclamation of emergency must be laid before a joint sitting which is summoned by the President to meet within 30 days of the proclamation being issued. The proclamation ceases to be in force at the expiration of two months unless it has been approved by a resolution of the joint sitting, and also ceases to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total memberships of the two chambers in the joint sitting.
Notwithstanding the above, if the National Assembly stands dissolved at the time when a proclamation of emergency is issued, the proclamation continues in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it ceases to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate. While a proclamation is in force, the President may by order declare that the right to move any court for the enforcement of fundamental rights, and any proceeding in any court which is for the enforcement, or involves the determination of any question as to the infringement of any of these rights, remains suspended for the period during which the proclamation is in force, and any such order may be made in respect of the whole or any part of the country. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
While a proclamation of emergency is in force, the parliament may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the proclamation has ceased to be in force. The declaration of a state of emergency has otherwise no effect on the existence and the functioning of the federal parliament.
Notwithstanding anything in the Constitution, while a proclamation of emergency is in force, (i) the parliament has the power to make laws for a province, or any part thereof, with respect to any matter not enumerated in the federal legislative list or the concurrent legislative list; (ii) the federal executive authority extends to the giving of directions to a province as to the manner in which the provincial executive authority is to be exercised; and (iii) the federal Government may by order assume to itself, or direct the governor to assume, all or any of the functions of government of the province, and all or any of the powers vested in, or exercisable by, any body or authority in the province other than the provincial Assembly, and make such incidental and consequential provisions as appear to the federal Government to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the province. |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
|
Not available |
|
|
Not available |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
