GOVERNANCE AND

PUBLIC POLICY
Chapter: 8 Multi-level Governance in Pakistan
 8. Multi – Level Governance In Pakistan

 Government & it’s Forms’

 Parliamentary System of Government
 Special case of Pakistan
 Presidential System of Government.
 President as per constitution of 1956
 President as per constitution of 1962
 President as per constitution of 1973
 17th Constitutional Amendment
 18th Constitutional Amendment
 8. Multi – Level Governance In Pakistan

 Government in Pakistan
 Legislative branch i-e National assembly & senate.
 Committee System
 Public Accounts Committee.
 Committee on rules of Procedure and Privileges.
 Provincial Legislature.
 Supreme Court.
 High court
 Prime Minister.
 Chief ministers
 Governors.
 Bureaucratic structure at centre.
 Local Government System in Pakistan, New local govt system of 2018.
 Government & its Forms

 Government system by which community & people are controlled

 Governance a way though which Govt rules the people.
Two systems Of Government
1. Parliamentary system of government
2. Presidential System of government
1. Parliamentary system of Government
 President as a symbolic head
 Absence of separation of powers.
 Lower house has main role in cabinet formation.
 Responsible to legislature.
 Individual & collective responsibility
 Government & its Forms

Parliamentary system of Government

 Close relation between Executive and legislature.
 Leadership of Prime Minister.
 Existence of strong opposition
Cabinet Dictatorship
 Formulates policies.
 Implements the policies.
 Determines the matters to be included in the agenda of legislature
 Prepares a draft budget
 Advises the chief executive and the constitutional head for necessary
action during emergency and war
 Government & its Forms

2.Presidential system of Government

 President is a real head of state & head of government.
 Separation of powers.
I. President is directly elected by the people.
II. Neither he nor his ministers are drawn from the legislature.
III. They are not answerable to legislature & independent of the legislature.
IV. He can not be easily ousted from the office by the legislature
V. He can only be only be removed from office through impeachment.
VI. President cannot dissolve the legislature.
VII. Judiciary is independent of both the executive and the legislature.
VIII. Ministers are accountable to President.
 Government & its Forms

2.Presidential system of Government: Merits

 More democratic
 Stability and continuity
 People’s President
 More efficient.
 Prompt and bold decision.
 Best suited to deal with emergencies.
 More suitable for multiparty system.
 Symbol of national unity and integrity
 Government & its Forms

2.Presidential system of Government: Demerits

 Dictatorial
 Conflict and deadlock between President and legislature.
 Absence of accountability.rigidity
Govt and constitutional development in Pakistan

 Special case of Pakistan

Confused between Wesminister type of government & presidential form of
govt and some times as a mixture of two forms as in the peroid of Zia &
Musharaf.
 President as per constitution of 1956
The President could take all decisions on the advice of Cabinet.
 President as per constitution of 1962
President was made more powerful. It was presidential system in real
 President as per constitution of 1973
President was made a constitutional figurehead and PM was chief executive
 17th Constitutional Amendment
 18th Constitutional Amendment
 17th Constitutional Amendment

 17th Constitutional Amendment 2003.

 Many provisions with the office of President & with the reversal effects of
the thirteenth amendment.
 President got vote of confidence from both houses and became president
for next 5 years.
 This paved way to incorporate LFO in the constitution.
 Dissolution of national assembly by the president and provincial
assemblies by the governors.
 The national security council was abolished
 18th Constitutional Amendment

 18th Constitutional Amendment 2003.

 Restored the federal & parliamentarian nature of constitution.
 Increase in provincial Autonomy by removal of concurrent list.
 Scope of council; of common interest was increased.
 Constitution suspension was regarded as high treason and supreme court
cannot validate it.
 Parliament supremacy increased as president’s power of dissolving
assemblies and holding referendum was removed.
 Creation of new high court in Islamabad.
 Term of election commission increased from 3 to 5 years.
 Installation of caretaker by both PM and opposition leader
 Government In Pakistan

 Three Tyres of Government in Pakistan

1. Federal.
2. Provincial
3. Local
 Three Branches of Government
 Legislative i-e National Assembly & Senate
 Executive: PM as chief Executive, elected executives & non
electives
 Judiciary: Supreme court, high court, local Court
 Majlis e Shooora ( Parliament)

 Majlis e Shoora (Parliament) consists of

1. The President
2. The National assembly
3. The Senate
 National assembly

 It is called lower house of the legislature

 Its members are called as MNAs
 Qualification of voter
 Be a citizen of Pakistan
 18 years
 His name in electoral roll
 Not declared as unsound mind
The Senate
The senate
 The senate

 Procedure for election

 In accordance with the system of proportional representation by means of
single transferable vote.
 Term of the senate
 Senate cannot be dissolved. Term of its members is six year.
 Chairman & Deputy chairman
 Term is 3 years
 Functions of Senate
 Legislation
 Electoral college of the election of the president.
 Continuous body
 Committee System/ Standing Committees

 Standing Committees play the role of oversight & monitoring the

Ministries.
 These committees are “Eyes, ears, hands, and even brain of the parliament.
 Congress in session is congress in exhibition and congress in its
committee room is congress at work.
 There shall be standing committee of Assembly of each ministry- Rule
198
 These committees examine the bills referred to them by house and submit
their report.
 The committees can examine the expenditure, administration, delegated
legislations, public petitions and policies of the ministry concerned.
 There are 10 members and minister concerned is exofficio member
 Public Accounts Committee- PAC

 PAC has 12 members and finance Minister is its ex-officio member.

 PAC can examine the accounts granted by the assembly.
 Scrutinize the report of Auditor General of Pakistan
 Examine the accounts of corporations , autonomous and semi-
autonomous.
 Examine the excess amount spent and shall make recommendation
regarding its recovery or otherwise.
 Committee on Rules of procedure and
privileges
 This committee has 14 members and Minister for parliamentary Affairs is
its ex-officio member.
 This shall consider the matters of procedure and conduct of bussiness in
the assembly.
 It shall examine every question of privilege referred to it by Assembly or
Speaker and shall determine whether breach of privelege is involved
 Provincial Legislatives

 Provinces made more powerful.

 Each province has Provincial Assembly.
 Each province shall consists of General seats and seats reserved for
women and non muslims.
 Judicial Branch

 Judicial branch interprets the meaning of Laws.

 It applies laws to individual cases.
 It decides whether the laws violates the constitution.
 Judicial Branch comprises of :
1. Supreme court
2. High courts.
3. Lower courts
 The supreme court is the highest court in Pakistan.
 The judges of the supreme court and High courts are selected through
supreme judicial council committee parliamentary committee
 Supreme court

 Highest court of Pakistan’

 It has both original and appellate jurisdiction.
 All decisions of the supreme court are binding on all courts in Pakistan.
 Permanent seat of Supreme court is in Islamabad.
 Composition Chief Justice and 17 other judges.
 Qualification for judges
 Citizen of Pakistan
 Judge of High court for 5 years.
 Advocate of high court for 15 years.
 Oath of office CJ before President.
 Retiring Age. 65 years
 Supreme court

 Acting Chief justice Senior most judge as Acting CJ.

 Adhoc Judge CJ to request President to appoint temporarily
 Appelate jurisdiction from judgement, decree, final orders or sentences
of high court.
 Original jurisdiction in the enforcement of fundamental rights.
 Retiring Age. 65 years
 Revision power power to review any judgment of an order made by it.
 To issue direction for the sake of justice.
 Interpretation of constitution
 Guardian of constitution
 Suo moto jurisdiction
 Transfer of cases
 High court

 Highest court in the province

 Consists of Chief justice & other judges.
 Appointment by President through recommendation of judicial &
parliamentary committee.
 Qualification by judges
 Citizen of Pakistan
 45 years of age
 Advocate of high court for 10 years
 3 years as district judge and 10 years as member of civil service.
 Judicial office for 10 years
 Oath of office before Governor
 High court

 Retiring age 62 years.

 Powers & Functions of high court
 Order of habeas corpus to ensure that there is no illegal confinement.
 Order of mandamus for enforcement of fundamental rights
 Appellate jurisdiction against orders of subordinating court.
 Order of prohibition to refrain from doing he is not permitted by law.
 Order of certiori to declare any act of any authority as illegal.
 Decision binding upon subordinating court.
 Appeal to the supreme court
 Subordinating court/ lower court
 Subordinate judiciary divided in two classes
1. Civil courts under west pakistan civil court ordinance 1962
 Civil courts consists of District judge, Additional DJ, senior civil
judge & Civil judge class I, II & III.
1. Criminal court under criminal procedure code 1898
 Criminal court comprises of Session judge , Additional session judge
and judicial magistrate Class I,II,III
1. Other courts and tribunals created under special laws
 High court exercises administrative control over such courts.
 Law fixes the pecuniary and territorial jurisdiction
 Appeal against decision of civil court lies to session court or high court
depending upon value of suit.
 Like wise, appeal against criminal court lies to session judge or high court
depending upon quantum of penalty
 Executive Branch

 For daily administration of the state.

 For enforcement of law
 Executive Branch is divided into two main branches.
1. Elected Executives
2. Permanent Executives or bureaucracy.
 The powers , functions and authority of the executives are given in the
constitution of Pakistan and Rules of Bussiness of the federal govt and
provinces.
 Prime Minister

 PM as a head of govt in parliamentary system

 The whole govt revolves around PM.
 He is the leader of Majority part in National assembly.
 He is more powerful than President.
 He is the real executive , thus, called chief Executive.
 President is merely constitutional figurehead who acts on advice of PM.
 He is the real ruler of country.
 Qualifications
 Citizen of Pakistan.
 Member of National Assembly.
 Should not hold any office of profit.
 Believes in ideology of Pakistan
 Be mentally and physically fit
 Prime Minister

 Oath Of PM before President

 5 years as term of office.
 Powers & Functions.
 Chief Advisor to the President.
 Formation of Cabinet.
 National leader.
 Leader of cabinet.
 Appointment powers of high ranks.
 Power to advise President to dissolve Assembly
 Power to terminate Ministers.
 Resignation to President
 Removal though Vote of no confidence
 President

 Head of state
 Represents unity of the republic.
 Constitutional head of state.
 Acts upon advice of PM
 Powers & Functions.
 Summoning of Parliament.
 Address the parliament.
 Dissolution of National Assembly on the advice of Prime Minister.
 Promulgation of ordinance
 Appointment of chief Justice of Pakistan.
 Appointment of judges to the supreme court, high courts and federal
shariat court
 President

 Power to grant pardon.

 Proclamation of Emergency.
 Appointment of Governors on the advice of Prime Minister.
 Appointment of Auditor general of Pakistan on PM advice.
 Appointment of NFC, CCI,NEC members on PM advice.
 Declaration of war.
 Appointment of chief of armed forces on advice of PM
 Chief Minister

 Provincial Govt performs functions through chief Minister.

 Chief Minister is elected by the votes of majority of total membership of
provincial Assembly.
 CM takes oath before governer.
 CM can be removed through vote of no confidence.
 CM chooses his cabinet
 CM has all executive powers.
 Assemby can be dissolved by governer at the advice of CM.
 He is the leader of provincial assembly
 CM with cabinet is responsible to provincial Assembly
 Governor

 Appointed by president on advice of PM.

 No fixed term , till pleasure of President.
 Oath before chief justice of High court.
 He cannot contest elections.
 Powers & functions
 Assents to money bill.
 Dissolve provincial assembly on advice of CM.
 Promulgate ordinance.
 Power to summon Assembly.
 Power to assent the bill.
 Power to address assembly.
 Bureaucratic Structure(Central secretariat, Subordinate
office & Autonomous / semi autonomous bodies

 Central secretariat There are Ministries, Divisions, attached departments,

subordinate offices, autonomous and semi-autonomous for proper
functioning of federal Govt.
 Ministry consists of one or more than one Division
 Division performs the function of Ministry.
 Federal secretary 22 grade officer , adminstrative head of Ministry,
Assists Minister
 Additional Secretary 21 Grade officer , Assists secretary
 Joint secretary 20 grade officer, assists additional secretary
 Deputy secretary 19 Grade officer, assistas Joint secretary
 Section officer/ senior section officer 17 & 18 Grade officer assists
Deputy secretary
 Bureaucratic Structure(Central secretariat, Subordinate
office & Autonomous / semi autonomous bodies

 Attached Department/ Suordinate offices There are attached dept; and

subordinating offices.
 Autonomous / semi autonomous bodies The ministries have under them
autonomous and semi autonomous bodies representing the trend of
decentralization for arriving at speedy decision. The main sectors under
which these are working are finance , banking etc
 Provincial Governments

 Central secretariat There are Ministries, Divisions, attached departments,

subordinate offices, autonomous and semi-autonomous for proper
functioning of provincial Govt.
 Chief secretary He shall :
 Head of secretariat
 Secretary of the Cabinet
 Responsible for matters of general tranquility.
 Coordinate and supervise the matters of all Departments.
 All cases to be submitted to CM will be routed through office of chief
secretary.
 Provincial Governments

 Central secretariat There are Ministries, Divisions, attached departments,

subordinate offices, autonomous and semi-autonomous for proper
functioning of provincial Govt.
 Chief secretary He shall :
 Head of secretariat
 Secretary of the Cabinet
 Responsible for matters of general tranquility.
 Coordinate and supervise the matters of all Departments.
 All cases to be submitted to CM will be routed through office of chief
secretary.
 Government at local level

 Three tiers Government at local level.

 District Government headed by District Nazim
 Tehsil Muncipal administration headed by tehsil Nazim
 Union council headed by union council Nazim
 Causes of failure of local Government in
Pakistan
 Inconsistent local election
 Frequent changes in legislation
 No financial independence
 Conflict between bureaucracy and elected politicians
 Military and representative local govt, a strange equation
 The issue of provincial legislators with local elected leaders not yet
resolved
 No clear division between role of provincial govt and local govt
Allah Hafiz