Introduction

Legislature around the world has different structures, nomenclatures and powers. Legislature is the
organ of the state that makes laws. Laws regulate the conduct of the people. will of the people is expressed
through their elected representatives who perform the function of law making. (Mughal, 2011). Legislature
may be known as parliament, congress, majlisshoora, sejm or storting. Irrespective of such diversity, the
main (Khan, 2014)functions of legislature throughout the world are formulating or amending laws, over
sighting activities of executives and representing general public. Most important thing is the welfare of the
people and development in all spheres of life in a democratic manner where rule of law is observed ( Abbasi,
2018).

Pakistan has been continuously renewing its position as a developing democratic system in the
world. According to the constitution of Pakistan, the country is an Islamic democratic state, but
unfortunately, democratic practices have not been observed regularly throughout the entire post-
independence period. In third world countries, especially Pakistan, political, economic and social control is
vested in ethnic power which is responsible for monopolies and hence inequalities and also the reason of
slow democratic growth (Rock, 2009).
The parliament is playing ineffective role in debating national public issues, international diplomatic
issues & oversight on activities of the government. Poor Parliamentary performance have many reason such
as lack the parliamentary knowledge of the parliamentarians, lack of MP’s expertise to do their jobs
excellently & worried with holding their chairs. To improve the efficiency and to build a better image of the
Parliament of Pakistan, significant initiatives are needed for strengthening parliamentary framework at the
country level ( Abbasi, 2018).

Parliamentary History of Pakistan

After independence in August 1947, the first Constituent Assembly of Pakistan, which had been
elected in December 1945 in undivided India, was assigned the task of framing the Constitution. This
Assembly passed the Objectives Resolution on 12 March 1949, laying down principles which later became a
substantive part of the Constitution (Malik, n.d). Unfortunately, the Constituent Assembly was dissolved in
October 1954 as Pakistan faced a number of challenges. The first of two significant deaths, first in 1948 of
its first head of state, Muhammad Ali Jinnah, and then the assassination in 1951 of its first Prime Minister,
Liaqat Ali Khan, destabilized the new country. (Pakistan: Country Profile, 2012)
The Second Constituent Assembly, which was convened in May 1955, framed and passed the first
Constitution of Pakistan on 29 February 1956, provided for a parliamentary form of government with a
unicameral legislature(Malik, n.d).However, the “Government of India Act 1935” was retained as the
Constitution of Pakistan, and the Constituent Assembly served as the national legislature, which was located
in Karachi .In 1958, General Ayub Khan launched Pakistan’s first military coup, declaring martial law.

In 1960 Khan became President, and by 1962, Pakistan saw its’ second constitution. That Constitution
provided fora presidential form of government with a unicameral legislature. After the adoption of the
Second Constitution of 1962, the capital of Pakistan was moved to the newly planned capital, Islamabad,
and the unicameral parliament sessions were held both at Dhaka(East Pakistan) and in a newly constructed
building Ayub Hall, near Islamabad (Valentine, 2010).

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 The 1962 Constitution was abrogated on 25 March 1969 by Army Chief, General Agha Muhammad
Yahya Khan and Ayub Khan stepped down as President, and handed over powers to him. The first election
on a nationally democratic basis was conducted in 1970. The elections saw the primarily East-Pakistan
based Awami League, led by Shaikh Mujibur Rahman, gaining an overall majority. However, the results
were not well-received in West Pakistan, and power was not transferred to elected leaders. This crisis lead to
the secession of East Pakistan and Bangladesh’s declaration of independence from Pakistan in 1971. In 1970
Assembly returned to Islamabad. General Yahya Khan resigned the presidency, and handed over leadership
to Zulfiqar Ali Bhutto, Ayub Khan’s former Foreign Minister. The National Assembly approved the 1973
Constitution on April 10, 1973, and it came into effect on August 14,1973 (Pakistan: Country Profile,
2012) .The 1973 Constitution provides for a parliamentary form of government with a bicameral legislature,
comprising the National Assembly and the Senate. The Senate's membership, which was originally 45, was
raised to 100 in August 2002 (Malik, n.d).
3rd martial law was imposed by General Ziaul Haq overthrowing the Bhutto government on July 5,
1977, after that the new Parliament met in November 1985 after party-less elections, but on May 29, 1988,
the president dissolved the Assembly From 16 November 1988 to 12 October 1999, Pakistan witnessed four
parliaments lead by Pakistan Muslim league N and Pakistan Peoples Party , all of which failed to complete
their five-year terms (Malik, n.d).

Martial law was again declared in 1999 by General Pervez Musharraf and it was not until 2002 that
parliamentary elections were held again. In November 2007 the National Assembly that had been elected in
October 2002 became the first in Pakistan’s history to complete its five-year term. Pervez Musharraf
resigned on August, 2008 in the face of impeachment. then elected party PPP lead the 13th parliament with
President Asif Ali Zardari who elected by the 2 houses of parliament and the 4 provincial assemblies on
September 2008. Currently Pakistan is ruled by a government resulting from a democratically elected
Parliament, democratically elected provincial assemblies, and a democratically elected president. (Pakistan:
Country Profile, 2012)

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Timeline of Legislative History of Pakistan

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 Legislative Framework of Pakistan

 The Parliament of Pakistan

Parliament, defined in the simplest of terms, is the forum in which the elected representatives of the
people meet, plan, deliberate upon and review the government of the State and make laws for the effective
and efficient conduct of the State. The word “parliament” comes from the British Parliament other words are
sometimes used: assembly, congress. etc. The term “parliament” and “legislature” are used “interchangeably
as generic terms for the elected representative body .It is a representative governmental body in which the
people will is transferred into the will of a state in the form of a law, which has superior (after Constitution)
legal force. (Bogdanovskaia, 1999)

Pakistan is an Islamic federal republic with a multiparty, parliamentary system of government largely
based on the UK model , with President as the Head of State and the popularly elected Prime Minister as the
Head of government. Islam is the state religion of Pakistan. Under Article 50 of the Constitution, the Federal
legislature is bicameral Majlis- e-Shoora (Parliament), which comprises of the President and the two
Houses, the National Assembly and the Senate. ("National Assembly of Pakistan HAND BOOK FOR
MEMBERS", 2020).The country is a federation with four federating Units or provinces, namely Punjab,
Sindh, the Khyber Pakhtunkhwa Province and Balochistan. Each province of Pakistan has its own elected
legislative body known as a Provincial Assembly, which sits in the provincial capitals of Lahore, Karachi,
Peshawar, and Quetta.The Federally Administered Tribal Areas was a semi-autonomous tribal region in
northwestern Pakistan that existed from 1947 until being merged with neighboring province Khyber
Pakhtunkhwa in 2018. While the regions of Gilgit-Baltistan and Azad Jammu and Kashmir (AJK) are a self-
governing bodies (National Parliaments: Pakistan, 2020).

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 President of Pakistan

The President of Pakistan is Pakistan's Head of State. Under Article 41(3), the members of both
Houses of Parliament and the Provincial Assemblies elect the President. The President may be removed
from office or impeached through a resolution passed by not less than two-thirds of the total members of the
Parliament in a joint sitting of the two Houses convened for the purpose (Pakistan: Country Profile, 2012).
Article 47(8). At various times in history, changes in the Constitution of Pakistan have altered the powers
and privileges associated with the office of the President. In case the office of the President becomes vacant
for any reason, the Chairman Senate, or if he is unable to perform the functions of the office of the President,
the Speaker National Assembly, acts as President till such time that a President is elected. Same is the case
when the President by reason of absence from Pakistan or any other cause is unable to perform his functions.
(Article 49)

 National Assembly

The National Assembly is the country's sovereign legislative body. It embodies the will of the people
to let themselves be governed under the democratic, multi-party Federal Parliamentary System. The
National Assembly makes laws for the Federation in respect of the powers enumerated in the Federal
Legislative List and also for subjects in the Concurrent List. Through its debates, adjournment motions,
question hour and Standing Committees, the National Assembly keeps a check over the Executive, and
ensures that the government functions within the parameters set out in the Constitution and does not violate
the fundamental rights of the citizens. ("National Assembly of Pakistan", 2020)

 Power

Only the National Assembly, through its Public Accounts Committee, scrutinizes public spending and
exercises control of expenditure incurred by the government.

 Composition

The National Assembly has a total of 342 members, including 60 seats reserved for women and 10
for non-Muslims, as per Article 51. The seats in the National Assembly are allocated to each Province, the
Federally Administered Tribal Areas (FATA) and the Federal Capital on the basis of population, as
officially published in the last preceding census. The present allocation of seats is as under:

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 Tenure

The tenure of a member of the National Assembly is for the duration of the House, which is five
years (Article 52), or sooner, in case the member dies or resigns. The tenure of the member also comes to an
end if the Assembly is dissolved on the advice of the Prime Minister.

 Elections

The elections to the National Assembly take place in accordance with Article 51(4) of the
Constitution by direct and free vote. The constituencies for the general seats are single member territorial
constituencies and the Muslim members are elected directly on adult franchise basis. However, members
against seats reserved for women and the minorities are elected through proportional representation system
of political parties' lists of candidates on the basis of total number of general seats secured by each political
party from a province in the case of women seats and in the National Assembly in the case of seats
reserved for the minorities.

 The Senate
The Senate, the upper house of the Parliament, has equal representation from each province,
balancing the provincial inequality in the National Assembly, where the number of members is based on
population of the provinces.

 Composition / Structure
The Senate is a body which represents the provinces and other territories of the country and promotes
a feeling of equality, peace and harmony, which is so essential for the growth and prosperity of a nation.
Thus, the Senate, over the years, has emerged as an essential organ and a stabilizing factor of the
federation in Pakistan.
Province/Territory General seats Technocrats/Ulema Women Non-Muslim Total

Baluchistan 14 4 4 1 23

Khyber Pakhtunkhwa 14 4 4 1 23

Sindh 14 4 4 1 23

Punjab 14 4 4 1 23

Islamabad Capital 2 1 1 - 4

FATA 8 - - - 8

Total 66 17 17 04 104

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 Tenure

The term of the members of the Senate is 6 years. However, the term of the first group of the
Senators, who shall retire after completion of first 3 years of the Senate, is determined by drawing of lots by
the Chief Election Commissioner.

 Qualifications

The qualifications of a member of the Senate are that he should be a graduate not less than 30 years
of age and registered as a voter in an area or Province from where he seeks election.

 Elections

Elections take place in accordance with Article 59 of the Constitution. Each of the four provincial
assemblies shall elect in the next Senate election twenty three members from their respective provinces that
include fourteen on general seats, four on seats reserved for technocrats including Ulema, four on seats
reserved for women and one on seat reserved for non-Muslims.

 Chairman and Deputy Chairman

After the Senate has been duly constituted, at its first meeting, it elects from amongst its members, a
Chairman and Deputy Chairman. Whenever the office of the Chairman or the Deputy Chairman becomes
vacant the Senate elects another member as Chairman or as the case may be, the Deputy Chairman. Term of
office of the Chairman and the Deputy Chairman is three years. In the absence of the Chairman, the Deputy
Chairman acts as Chairman.

 Functions of Legislature

The Assembly performs the following functions:

Legislation
The Provincial Assembly is empowered to make laws for the Province of the Punjab with respect to
criminal law, criminal procedure, evidence and any matter not enumerated in the Federal Legislative List. It
cannot, however, make any law:

 which is repugnant to the injunctions of Islam as laid down in the Holy Quran and the Sunnah
 which is repugnant to any provision of the Constitution
 which is inconsistent with a federal law
 which violates or contravenes any of the fundamental rights
 which is not in consonance with the Principles of Policy

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Overseeing the Government

Various parliamentary tools have been provided in the Rules of Procedure of the Provincial
Assembly of Punjab 1997 for obtaining necessary information about the working of the Government
Departments, for overseeing the Government, and for making recommendations on matters of general
public importance; viz.- Assembly Questions, Call Attention Notices, Adjournment Motions, Resolutions
and General Discussion.

Financial Accountability

The Assembly exercises its control over the financial affairs of the Government in two ways; viz
consideration as well as approval of the budget and consideration of the Reports of the Auditor General of
Pakistan by Public Accounts Committees. ("Functions of Parliament", 2020)

 Process of Law Making

The Constitution sets out the procedure to be followed for promulgating a statute. Broadly, this
requires a Bill to be passed by both Houses of Parliament – the National Assembly and the Senate. Upon a
Bill’s passage through both Houses, it is presented to the President of Pakistan for assent and becomes an
Act of Parliament upon receiving such assent. In the absence of the National Assembly, statutes are
promulgated by the President pursuant to Article 89(1) of the Constitution. Under this Article, the President
may, if satisfied that circumstances exist which render it necessary to take immediate action, make and
promulgate an Ordinance. Such Ordinances have the same force and effect as an Act of Parliament. A
similar power is bestowed upon Provincial Governors by Article 128(1) of the Constitution in respect of
matters falling within provincial legislative authority.

 Legislative Committees

An individual or group of people to whom authority has been delegated by a larger group to
perform a particular function or duty. A part of a legislative body made up of one or more individuals who
have been assigned the task of investigating a certain issue and reporting their observations and
recommendations to the legislature.
Strong, active committees are instrumental in dealing with the complex, varied and demanding
nature of parliamentary business.It is common to set up committees to assist the Parliament in its tasks of
reviewing legislation and scrutinizing government activities.

Types of Committees

Standing Committees in the National Assembly correspond to the number of Ministries.

The Public Accounts Committee has a special mandate specifically to oversee the implementation of
the State budget by reviewing and acting upon the reports of the Auditor General.

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 Functional Committees are those that deal with the business of the House (Finance, House and
Library, Rules, Privileges, Government Assurances, etc.)

Select Committees may be created on a motion passed by the Assembly to review new and amend
existing legislative proposals.

A Mediation Committee is formed of eight Members of each House when a bill is rejected or not
passed within 90 days by the second House of the Parliament.

 Issues in the Legislative Framework of Pakistan

1) Lack of Credibility of Elections

Free, fair and regular elections are the real essence of true democracy. However, the record of
Pakistan’s elections in this regard is a bit poor. Therefore, after elections, all defeated parties blamed the
winning side of allegedly rigging and terms the elections unfair. Furthermore; the parties also manipulate
election results when they came into government. It is hard for a party to get a clear majority due to the
multi-party system in Pakistan. As a result, mostly a coalition government has to be established and many
parties remained in government despite their fewer seats in elections. For instance, in May 2013 elections
PMLN got majority votes and Pakistan Tehreek-e-Insaf (PTI) has emerged as a second major party in the
country. After 2013 elections PTI chairman Imran Khan blamed that the elections were rigged; thereby
raising serious questions over the transparency in this vital political activity.

2) The Communication Gap between Political Leaders and the General Public

In Pakistan, Civil and military leaders have ruled. Despite the fact the almost all political leaders
are in favor of democracy they find little interest in the development and progress of the genuine
democratic norms and behaviors in this democratically deprived country. Political leaders come in public
to get votes but once they came in power they try keeping themselves at distance from common citizens.

3) Unfamiliarity with parliamentary ethics

Majority of Parliamentarian are unable to submit contracts, bills, and resolution; due to the
insufficient knowledge, scarcity of resources and shortcoming in relevant skills. Parliamentarians are not
familiar with the legislative process which desperately hinders them from playing their duly active role in
legislative process hence, the overall quality and effectiveness of the legislation is ultimately affected.

4) Absence of Accountability.

Hardly any independent system of accountability exists in Pakistan.Those who can usurp the
national assets, do it without any fear of punishment. Mostly the government office bearers and their allies
eat up huge loans extended by banks and nobody has been taken to task. Previous few governments although
took a modest start but results were not very promising.

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 5) Ineffective Opposition.

In a democratic system of government, the opposition has highly important constitutional role. It
acts, as a good system of check and balance and the government, cannot do things at will. Unfortunately
dilemma with Pakistani system is that opposition is only for the sake of opposition. During entire stay in
assembly, opposition maneuvers to oust the ruling party from power. They don’t take part in any healthy
discussion. This results into stagnant legislation thereby directly affecting public institutions.

6) Corruption

Corruption is one of the malaises of public sector affecting their efficiency and performance. The
institutionalized corruption is characterized by providing protection and immunity by a government
organization to its own corrupt officials; while, participative corruption involves collusion between the
bureaucracy and the private sector. Surprisingly, people/employees involved in corruption and money
laundering/wrong doing with public money are indentified but evade punishment as a result of inefficient
political and judicial system.

7) Political Parties.

Political parties are the most vital political institutions, which if collectively focus on the path of
national prosperity can pay rich dividends. Coupled with poor leadership criteria, poor organization of the
political parties compounds the problems which hinder the free function of the political system. Pakistani
political parties are mostly dominated by only a couple of families and party portfolios are given on the basis
of nepotism. This results in election of in-competent individuals to very responsible national offices. It is not
the merit but the party loyalty that makes some one suitable for a given portfolio.

 Conclusions & Recommendations

1) Formation of Legislative Training Institute

Parliamentarians enormously need Training Institute for their capacity building and professional orientation
terms of legislative process as well as Quality Leadership.

2) Proactive Role of Parliamentary Committees

Parliamentary Committees must have authoritative role in making the recommendations of reports of various
parliamentary committees mandatory as at present, they are advisory in nature rather than authoritative.

3) Providing Information of Parliamentary Legislation for Public

Parliamentary information for previous meetings, reports of committee proceedings, counting documents
created and received, testimony of observers at public inquiries, transcripts, and records of committee actions,
shall promptly be made accessible to citizens free in both Urdu and English language. This will make the
people more aware and connected to their elected representatives.
4) Building a strong merit system
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For the success of a legislative system in Pakistan, there is a need to bring merit in all institutions and
eliminate corruption, especially among politicians. The only merit can help to bring talented people in all
fields of life particularly in politics. Legislature must empower the NAB and removed all political pressure in
terms of free and fair Justice. Parliament and Political parties should hold its own leaders accountable.

5) Conducting free and fair elections

The ECP immediately establishes an accessible and reliable mechanism for updating and maintaining the
electoral roll, in order to provide transparency and clear public commitment . Legislature should begins an
inclusive process of legal reform basing legislative proposals on stakeholder consultation, constitutional
requirements and international law commitments.

6) Collaboration and Coordination

Strength of a country lies in stability and efficiency of its main institutions. Legislature should work with the
executives and judiciary to more fully understand their roles and tasks in building effective government. Good
civil-military relationship is a must for the welfare of country.

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Opportunities and Challenges. International Journal of Youth Economy, 2(2).

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Functions of Parliament. (2020). Retrieved 3 December 2020, from http://openparliament.pk/how-

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Khan, T. H. (2014). Governance challenges in Public Sector: an Analysis of Governance and Efficiency
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Mafzool Zaka, M. R. (n.d.). Legislative Process. In PARLIAMENTARIAN’S POCKET GUIDE NATIONAL

ASSEMBLY OF PAKISTAN (pp. 16-20).

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