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Idealogy Assignment

The document provides a comprehensive overview of the federal legislature in Pakistan, detailing its historical background, structure, legislative process, powers, and the checks and balances in place. It highlights the significance of the bicameral system, the role of committees, and the influences on legislative actions, while also addressing challenges such as partisan polarization and ethical concerns. The conclusion emphasizes the importance of the legislature in maintaining democracy and effective governance amidst ongoing challenges.
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0% found this document useful (0 votes)
9 views

Idealogy Assignment

The document provides a comprehensive overview of the federal legislature in Pakistan, detailing its historical background, structure, legislative process, powers, and the checks and balances in place. It highlights the significance of the bicameral system, the role of committees, and the influences on legislative actions, while also addressing challenges such as partisan polarization and ethical concerns. The conclusion emphasizes the importance of the legislature in maintaining democracy and effective governance amidst ongoing challenges.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 10

Sr. Table of Contents Page No.

No
1. Introduction 3
2. Historical Background 4
2.1- Pre-Independence Era
2.2- Post-Independence Developments
3. Structure of Federal Legislature 4-5
3.1- Bicameral System
3.2- The House of Representatives
3.3- The Senate
4. Legislative Process 5-6
4.1- Introduction of Bills
4.2- Committee Stage
4.3- Debates and Amendments
4.4- Voting and Passage
4.5- Presidential Action
5. Powers of the Federal Legislature 6
5.1- Enumerated Powers
5.2- Implied Powers
5.3- Exclusive Powers
5.4- Concurrent Powers
6. Checks and Balances 6-7
6.1- Executive Branch
6.2- Judicial Branch
7. Federal vs. State Legislatures 7
7.1- Jurisdiction and Powers
7.2- Interactions and Conflicts
8. Role of Committees 7-8
8.1- Standing Committees
8.2- Select Committees
8.3- Joint Committees
8.4- Conference Committees
9. Legislative Oversight 8
9.1- Investigations
9.2- Hearings
9.3- Reports
10. Influences on Federal Legislature 8-9
10.1- Lobbyists
10.2- Political Parties
10.3- Public Opinion
10.4- Media
11. Case Studies 9
11.1- Major Legislative Acts
11.2- Landmark Decisions
12. Challenges and Reforms 9-10
12.1- Partisan Polarization
12.2- Campaign Finance
12.3- Ethical Concerns
13. Conclusion 10
1.Introduction

The federal legislature is a cornerstone of any democratic nation, serving as the primary
institution responsible for law-making, governance, and ensuring the accountability of the
executive branch. Its role extends beyond the formulation of laws to include representing the
diverse interests of the population, deliberating on national issues, and acting as a check on the
other branches of government. In a federal system, the legislature embodies the principles of
shared governance and sovereignty, balancing the powers of the central authority with the rights
of individual states or provinces.

In Pakistan, the federal legislature holds particular significance due to the country’s unique
historical, political, and cultural context. Since its independence in 1947, Pakistan has
experienced shifts in governance models, ranging from parliamentary democracy to military rule
and presidential systems. These transitions have shaped the evolution of its legislative
framework, leading to the establishment of the current bicameral system under the 1973
Constitution. The legislature’s composition, functions, and powers are designed to address the
challenges of governing a diverse and populous country, ensuring representation for all regions
and communities.

_________________________________
2. Historical Background

The evolution of the federal legislature in Pakistan can be traced through various historical
phases:

2.1- Pre-Independence Era:

The legislative framework in British India laid the foundation for Pakistan’s federal system. The
Indian Councils Act (1861, 1892, and 1909) marked the early stages of legislative reforms. The
Government of India Act 1935 introduced a bicameral legislature with greater autonomy for
provinces, influencing Pakistan’s eventual legislative design.

2.2-Post-Independence Developments:

 1947-1956: The Constituent Assembly served as Pakistan’s first legislature, tasked with
framing the Constitution and governing the newly independent state. Despite its
achievements, internal political challenges delayed the formulation of a permanent
constitution.
 1956 Constitution: The first Constitution of Pakistan established a unicameral legislature
with direct elections for representatives.
 1962 Constitution: Under President Ayub Khan, a presidential system replaced
parliamentary democracy, and the unicameral legislature continued with limited powers.
 1973 Constitution: The current Constitution restored parliamentary democracy and
introduced a bicameral legislature. This system reflects a commitment to federalism by
ensuring representation for all provinces in the Senate and population-based
representation in the National Assembly.

3. Structure of the Federal Legislature

The federal legislature in Pakistan comprises two houses: the National Assembly and the Senate,
forming a bicameral system. This structure allows for representation based on population in the
lower house and equal representation of provinces in the upper house.

3.1- Bicameral System:

The bicameral nature ensures a balance between populous provinces and smaller regions,
promoting equitable representation and legislative stability. The two houses work together to
pass laws, deliberate on national issues, and maintain checks and balances within the federal
structure.

3.2- The House of Representatives (National Assembly):

 Composition: The National Assembly consists of directly elected members, with seats
allocated based on population. Reserved seats exist for women and minorities.
 Functions: This house initiates money bills, debates policy issues, and monitors the
executive branch. It serves as the primary legislative body where public representatives
voice their constituents’ concerns.
 Elections: Members are elected for five-year terms unless the house is dissolved earlier.

3.3- The Senate:

 Composition: The Senate represents all provinces equally, with additional seats for the
federal capital and tribal areas. Members are indirectly elected by provincial assemblies.
 Functions: The Senate reviews legislation passed by the National Assembly and ensures
provincial interests are considered in federal law-making.
 Tenure: Senators serve staggered six-year terms, with elections for half the seats held
every three years.

4. Legislative Process

The legislative process is a multi-step procedure designed to ensure comprehensive review and
deliberation before enacting laws.

4.1- Introduction of Bills:

A bill may be introduced in either house (except money bills, which originate in the National
Assembly). Bills can be proposed by government ministers or private members.

4.2- Committee Stage:

Committees play a critical role in analyzing bills in detail. They consult experts, stakeholders,
and officials to refine proposals, addressing technical and policy concerns.

4.3- Debates and Amendments:

Once a bill returns from the committee stage, it undergoes extensive debate in the house.
Members discuss its provisions, propose amendments, and highlight implications for various
stakeholders.

4.4- Voting and Passage:

After deliberations, the bill is put to a vote. A simple majority is usually required, though some
bills (e.g., constitutional amendments) demand a two-thirds majority in both houses.
4.5- Presidential Action:

Once both houses pass a bill, it is sent to the President for assent. The President may approve or
return the bill with recommendations. If re-passed by the legislature, the bill becomes law,
binding the President to assent.

5. Powers of the Federal Legislature


The powers of the federal legislature derive from the Constitution, enabling it to govern
effectively while maintaining a balance between federal and provincial interests.

5.1- Enumerated Powers:

Enumerated powers include those explicitly listed in the Constitution, such as defense, foreign
affairs, taxation, and regulation of trade.

5.2- Implied Powers:

Implied powers allow the legislature to enact laws necessary for implementing its enumerated
powers, often interpreted through judicial review.

5.3- Exclusive Powers:

Exclusive powers are reserved solely for the federal legislature, covering matters like national
security, currency, and interprovincial trade.

5.4- Concurrent Powers:

Before the 18th Amendment, the federal and provincial legislatures shared concurrent powers.
Post-amendment, most concurrent powers were devolved to provinces, further empowering local
governance.

6. Checks and Balances


The federal legislature operates within a system of checks and balances, ensuring accountability
across branches of government.
6.1- Executive Branch:

The legislature monitors the executive through tools like Question Hour, budget approvals, and
no-confidence motions. This oversight ensures that executive actions align with legislative
intent.

6.2- Judicial Branch:

The judiciary reviews legislative acts to ensure they comply with the Constitution. This judicial
oversight prevents the legislature from exceeding its constitutional authority.

7. Federal vs. State Legislatures


The division of powers between federal and state legislatures defines their respective
jurisdictions and responsibilities.

7.1- Jurisdiction and Powers:

Federal legislatures govern national matters such as foreign relations, defense, and monetary
policy, while state legislatures address local issues like education and health. This division
promotes efficiency and minimizes conflict.

7.2- Interactions and Conflicts:

Occasionally, conflicts arise over overlapping powers or resource allocation. Mechanisms like
the Council of Common Interests (CCI) and the National Finance Commission (NFC) Award
help resolve these disputes.

8. Role of Committees
Committees are the backbone of legislative efficiency, enabling detailed examination of bills and
policies.

8.1- Standing Committees:

Permanent committees focused on specific areas such as finance, defense, or health. They
oversee executive actions and suggest policy improvements.

8.2- Select Committees:

Temporary committees formed to investigate particular issues or draft specific legislation.


8.3- Joint Committees:

Comprising members from both houses, joint committees promote collaboration on cross-cutting
issues.

8.4- Conference Committees:

These committees reconcile differences in legislation passed by both houses, ensuring consensus
before final passage.

9. Legislative Oversight
Legislative oversight ensures that government policies and programs align with public interest.

9.1- Investigations:

The legislature conducts inquiries into issues like corruption, inefficiency, or misuse of funds,
holding officials accountable.

9.2- Hearings:

Public and closed hearings allow legislators to gather input from experts, stakeholders, and
citizens, enriching policy decisions.

9.3- Reports:

Legislative committees publish reports on investigations and hearings, influencing policy-


making and public opinion.

10. Influences on Federal Legislature

The federal legislature is influenced by various external and internal factors.

10.1- Lobbyists:

Interest groups advocate for specific policies, leveraging expertise and resources to influence
legislative priorities.
10.2- Political Parties:

Party alignment and leadership shape legislative agendas, with majority parties driving policy
and opposition parties ensuring accountability.

10.3- Public Opinion:

Public sentiment plays a critical role, compelling legislators to address voters’ concerns and
prioritize pressing issues.

10.4- Media:

Media coverage shapes public perception of legislative activities, pressuring lawmakers to act
responsibly and transparently.

11. Case Studies


Examining historical and contemporary examples of legislation provides insights into the federal
legislature’s functioning and impact.

11.1- Major Legislative Acts:

Laws like the 18th Amendment and Protection of Women Act highlight the legislature’s role in
addressing national priorities and social issues.

11.2- Landmark Decisions:

Key constitutional amendments and debates demonstrate the legislature’s ability to adapt to
changing political and social contexts.

12. Challenges and Reforms

The federal legislature faces various challenges that require institutional reforms.

12.1- Partisan Polarization:

Political divisions often hinder legislative productivity, delaying critical decisions and eroding
public trust.
12.2- Campaign Finance:

The influence of money in elections raises concerns about fairness and accountability,
necessitating stricter campaign finance laws.

12.3- Ethical Concerns:

Corruption and lack of transparency undermine public confidence. Reforms like stronger ethics
regulations and independent oversight can address these issues.

13. Conclusion:
The federal legislature is an indispensable pillar of democracy, providing a platform for
representation, law-making, and oversight. Its ability to balance the diverse interests of a nation
while ensuring effective governance underscores its importance. In Pakistan, the legislature has
evolved significantly, adapting to historical and political challenges while maintaining its
commitment to democratic values.

However, the institution faces ongoing challenges, including political polarization, lack of
transparency, and external influences like lobbying.

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