Democracy and Democratic

Institutes in Pakistan
What is democracy?
A system of government by the whole population
or all the eligible members of a state, typically through
elected Representatives.
Democracy in simple words:
A democracy mean rule by people.the name is
used for different forms of government,where the people
can take part in the decisions that affect the way their
community is run
History and Origin

Democracy in history:
The term democracy, which mean “rule by people”,was
coined by the Greeks of ancient Athens to describe their city
state’s system of self rule,which reached it’s golden age around
430B.C. under the skilled orator and politicians Pericles.
Orgin:
The term “democracy”first appeared in ancient Greek
political and philosophical thoughts in the city state of Athens
during classical antiquity. The word comes from
Demos,”coomon people” and Karatos “strength” . Led by
Cleisthenes, Athenians established what is generally half as a first
democracy in 507-508BC.
Types of democracy

There are 2 types of democracy:

 Direct democracy
 Representatives democracy
There are three systems of democracies:
 Parliamentary system
 Presidential system

Parlimentary system are distinct because of the power that they

place in the hand of the lagislative branch.
Democratic Institutes

 A “Democratic Institutes”is an institution where decisions

are made by majority vote…sometimes,a “Democratic
institution”has elected officials who oversee or led
specific aspects and represent non voting parties (like
the public or other staff).this is often mean elected
officials who have term limits.
 Democratic Institutes in Pakistan:
 Lagislature
 Executive
 Judiciary
What is legislature in simple words?
Legislature is a word that comes from the Latin language,
meaning “ those who write the laws”.A legislature therefore a
group of people who voted for new laws.
For example:
 In a state or country each person in the lagislature either
elected or appointed……this is called a “bicamerel”
legislature.
 Legislation is defined as law and rule made by the
government.legislation is a new state rule that change the
textbook requirements.
 Role of the lagislative Assembly:
The lagislative Assembly has three main function;
 To represent the people
 To form the executive government
 To make law
What is Pakistan lagislature?
It is a bicamerel federal lagislature that consist of the Senate
as the upper house and the National Assembly,as the lower
house.According to the Constitution of the Islamic Republic of
Pakistan,the president of Pakistan is also the component of
parliament.
 Why the lagislative branch is the most powerful?
The lagislative branch is the most powerful branch in the
government.The lagislative branch is in charge of making
and passing the law.
They have the power to override the decision of the
president’s decision,stop law from being passed,and
basically control all decisions the government make.
 Problems in the institute:
 lack of consensus
 Personal interest
 Lack of accountability
 Solutions:
 We should have to select those people as our representators
who have no business.
 We should have to select educated people for our
representation.
 What is judiciary?
The judiciary is the system of courts that interpret and
applies the law in the country,state or international
community.
 Role of judiciary;
The role of judiciary is to administer justice to all citizens,on
behalf of the government.the judiciary comprises of Court
that take decisions on a very large number of issues.
 Who make up the judiciary?
Judicial branch:the supreme Court,the judicial branch of the
government is made up of judges and court.fedral judges are
not elected by the people. They are appointed by the president
and then confirmed by the Senate.
 Levels of courts;
The federal court system has 3 main levels:
 District court (the trial court)
 Circuit Court (which are the first level of appeal)
 Supreme Court,the final level of appeal in the federal system.
 Members of judiciary:
The members of judicial and Bar council are:
 Ex offico chairperson
 Ex offico members
 Regular members
 Chief justice
 Secretaries of Justice
 Retired members of the supreme Court
 Representatives from the academe
 Five main powers of the judicial branch:
The duties of judicial branch include:
 Interpreting state laws;
 Setting legal dispute;
 Punishing violators of law
 Hearing civil cases
 Protecting individual rights granted by the state
Constitution
 Is judiciary a part of government?
“Part IV of the Constitution is as much a guiding light for the
judicial organ of the state as the executive and legislative
arms,
All three being integral parts of the “state”with in the
meaning of Article 12 of the Constitution”
 Problems in this institute:
 Time limitations for the declaration of the Decree for
both civil and criminal cases are to be introduced.
 Judiciary in Pakistan at the district level is Itself a hurdle in
the way of speedy justice. It’s hosting three kind of
problemS like insufficient number of judges, Recruitment
of inexperienced officials Or functionally illetrate judges
with no specialization Over the civil or criminal branch.
 1.9million cases are pending In Pakistan and only 400
judges
 Judicial activism
 As per the latest statistics of the law and justice
commission of Pakistan (lJCP) there are 38,539cases
pending with the SC,293,947 with the five high courts
and 1869886 cases with the subordinate judiciary of the
four provinces and the federal capital.
 Bribe (Association with the politicians and the elite class.)
 Executive: Definition, Functions and Types of Executive!
 The second but most powerful organ of the government is the Executive. It is that organ which
implements the laws passed by the legislature and the policies of the government. The rise of welfare
state has tremendously increased the functions of the state, and in reality of the executive. In common
usage people tend to identify the executive with the government. In contemporary times, there has
taken place a big increase in the power and role of the executive in every state.
 What is Executive?

The term ‘Executive’ has been defined both in its broad and narrow forms. In its broad form, it is taken to
mean all the functionaries, political power-holders (Political Executive) and permanent civil servants who
undertake the execution of laws and policies and run the administration of state.
 In its narrow form, it is taken to mean only the executive heads (ministers i.e. the political Executive), who
head the government departments, formulate the policies and supervise the implementation of the laws
and policies of the government. In the narrow form, the civil service and its administrative functions are
not included in the realm of the Executive.
 Traditionally, only the narrow meaning used to be accepted by the political scientists. However, in
modern times, the executive is defined in its broader form and it covers both the Political Executive as
well as the Civil Service.
Executive: Definition:
(1) “In a broad and collective sense, the executive organ embraces the aggregate or
totality of all the functionaries and agencies which are concerned with the
execution of the will of the state as that will has been formulated and expressed in
terms of law.” Garner
Two Parts of Executive: Political Executive & Permanent Executive:
Distinction:
(i) The Political Executive (Ministers):
It consists of the executive head of the state and other heads of the executive
departments is ministers. Ministers are political leaders. They are mostly elected
representative of the people and responsible for all their decisions and policies before
the public. Political Executive work for a fixed tenure of about 5 years.
) “In its broadest sense, the executive department consists of all government officials
except those acting in legislative or judicial capacity. It includes all the agencies of
government that are concerned with the execution of states will as expressed in terms
of law.” Gettell
These two definitions make it clear that executive includes the political executive
(Ministers and Head of State) and the non-political permanent executive (Civil Service
or Bureaucracy). The political executive performs the function of making policies and
ensuring that all the laws are properly enforced by all the departments of the
government.
The permanent executive i.e. bureaucracy/civil service runs the day-to- day
administration and works in government departments. It works under the supervision
and control of the political executive.
 (ii) The Non-political Permanent Executive (Civil Servants):
 It consists of the civil servants (Bureaucracy) from the lowest to the highest
levels. It carries out the day to day administration by working in the
government departments. The civil servants are politically neutral. They do
not owe allegiance to any political party.
Functions of the Executive:
1. Enforcement of Laws:
2. Appointment-making Functions:
 3. Treaty-making Functions:
 4. Defence, War and Peace Functions:
 5. Functions relating to Law-making:
 Law making under the system of deligated legislation
 In Parliamentary Executive there is:
 (i) A close relationship between legislature and executive and members of
the executive are also members of the legislature,
 (ii) The members of political executive is individually and collectively
responsible before the legislature,
 (iii) The tenure of the political executive is not fixed as it can be at any time
removed by the legislature, and
 (iv) The legislative can be dissolved by the executive.
 In a Presidential Executive, there is:
 (i) Separation of powers between the executive and the legislature;
 (ii) The membership of the two organs is incompatible i.e. member of one
cannot be a member of the other;
 (iii) The executive is not responsible to the legislature; and