The Feederal Legislature (The Parliament)

Unlike the Constitutions of 1956 and 1962, the 1973 Constitution provided
for a bicameral system. .As discussed above, the 1973 Constitution
introduced bicameral legislation for the first time in Pakistan. The federal
legislature was given the name of Parliament and its two Houses were to be
known as the National Assembly and the Senate.

Reason behind bicameral legislature

The bicameral legislature was introduced in the 1973 Constitution to:

1. Provide equal representation to all provinces in the Upper House (Senate),

regardless of size and population.

2. Serve as a check on the Lower House (National Assembly), where larger

provinces like Punjab would dominate due to population-based
representation.

3. Protect the interests of smaller provinces like Balochistan from being

overshadowed by larger provinces.

This system aimed to ensure a more balanced representation and prevent

dominance by a single province.

National Assembly: Composition and Elections

(1) Electoral System members of national assembly was to be elected

under an electoral system (joint electorate) to be provided for by the
parliament. Matters to be decided regarding elections includes:

- Allocation of seats

- Delimitation of constituencies

- Preparation of electoral rolls

- Conduct of elections and election petitions

- Corrupt practices in elections

Voter eligibility

A person was entitled to vote for NA ( as well as provincial assembly) if he

was a

- Citizen of Pakistan

- At least 18 years old

- Not declared unsound mind by a court

- Name appears in electoral roll

Candidate Eligibility

- At least 25 years old

- Qualified to vote

- Disqualification decided by Election Commission on reference from the

speaker of and it’s decision will be final

Membership Rules

- No member can represent more than one constituency

- Can seek election from multiple seats

- Member can lose seat if he remain absent for 40 consecutive sitting without
leave of the house

- No simultaneous membership in National Assembly, Senate, and Provincial

Assembly

Leadership and Term

- NA would elect it’s Speaker and Deputy Speaker from among its members
in the first meeting

- Term fixed of NA 5 years, dissolves after expiration or earlier dissolution.

The Senate: Composition and Features

Membership and Representation

- Total members: 63

- Provincial representation:

- 14 members elected from each province by Provincial Assembly

members

- Proportional representation system with single transferable vote

- Special representation:

- 5 members elected by National Assembly members from Federally

Administered Tribal Areas
 - 2 members chosen from Federal Capital (manner prescribed by
President)

Key Characteristics

- *Permanent House:* Not subject to dissolution

- *Term of Office:*

- Members: 4 years (half retire every 2 years)

- Casual vacancy: Unexpired term of member being replaced

Leadership

- *Election of Chairman and Deputy Chairman:*

- Elected from amongst Senate members in first session

- Term: 2 years from date of assumption of office

Legislative Procedures

General Framework

Parliament Structure:* Bicameral legislature consisting of National

Assembly and Senate

- *Presidential Powers:*

- Summon and prorogue Parliament

Sessions of Parliament

- National Assembly: - At least 2 sessions per year

- Not more than 120 days between sessions

- *Senate:*

- Similar provision for sessions

Participation in Proceedings

- *Federal Ministers and Ministers of State:*

- Right to speak and participate in proceedings of either House

- No right to vote unless a member of the House

- *Attorney-General:*
 - Right to speak and participate in proceedings of either House

- No right to vote unless a member of the House

Parliamentary Privileges

Rule-Making Power

- Each House empowered to frame its own rules of procedure and

conduct of business

Immunity of Members

- No member liable in court for:

- Anything said in the Assembly or its committees

- Any vote given by him in the Assembly or its committees

Determination of Privileges

- Privileges of National Assembly, committees, members, and persons

entitled to speak determined by Act of Parliament

Separation of Powers

- No court inquiry into Parliament proceedings

- No discussion in Parliament on:

- Conduct of judges of Supreme Court or High Court in discharge of duties

Financial Procedure

Budgetary Provisions

- No tax can be levied for federal purposes except by or under the

authority of an Act of Parliament

Budget Structure

- Financial statement divided into two parts:

1. Expenditures Charged upon Consolidated Fund

-these were the funds Discussable but not votable by National Assembly
such as Remuneration and Pension of President, salaries of judeges of
supreme court, member of FPSC, Speaker and Deputy Speaker, Attorney
General etc.

2. *Estimated Expenditures*
 - Sums required for various departments for the ensuing financial year
such as Administrative Expenses of Supreme Court, Federal Public Service
Commission, Department of Auditor-General, Office of Election Commission,
senate and National Assembly

3. *Debt Charges and Judgments*

- Debt charges also binding on federal government and any Other sums
declared by Constitution or Act of Parliament.

Legislative Procedures for Different Lists

Introduction

The bicameral legislature introduced different procedures for various

legislative lists. The parliament to make laws was extended to federal and
concurent lists.

(1) Federal legislative list it was furtue divided into 2 parts

- *Part I:* Purely federal subjects

- *Part II:* Subjects with special provincial interest (e.g., railways, minerals,
oil, and natural gas)

- Concurrent Legislative List (subjects of common interest to federation

and provinces) Senate, as a House of provinces, plays a greater role in fedral
legislation part 2 and concurent list.

Legislative Procedures for Different Lists

Federal Legislative List (Part I)

- *Origin of Bills:* Only in the National Assembly

- *Procedure:*

1. Passed by National Assembly, transmitted to Senate

2. Senate can pass, reject, or amend within 90 days

3. If Senate rejects or amends, National Assembly will reconsider and pass

again with or without the amendments proposed by senate

4. Bill is presented to President for assent if passed

Federal Legislative List (Part II) and Concurrent List

- *Origin of Bills:* Either House (National Assembly or Senate)

- *Procedure:*

1. Passed by one House, transmitted to the other House

2. If passed without amendment, presented to President for assent

3. If rejected or amended, joint sitting of both Houses can be summoned

4. Bill is presented to President for assent if passed by majority of total

membership

Money Bills

- *Origin:* Only in the National Assembly

- *Procedure:*

1. Passed by National Assembly, presented to President for assent without

transmission to Senate

2. Speaker’s decision on whether a Bill is a Money Bill is final

Purpose of Different Procedures

- To give greater weightage to the Senate in matters related to Part II of the

Federal Legislative List and the Concurrent List

- To allow the National Assembly to override Senate’s veto in a joint sitting