Branches of Legislation: Senate and National Assembly

The federal government is composed of two chambers: the Senate, which serves as the upper house, and the National Assembly, which serves as the lower house. As per Article 50 of the Constitution, the National Assembly, the Senate, and the president collectively form a body called the Majlis e Shoora (Council of Advisers).

Pakistan’s democracy lacks a recall method. Nevertheless, past governments have faced allegations of corruption, leading to their dismissal under the president’s use of Article 58 of the Constitution. The thirteenth Amendment removed the president’s power to dismiss the Prime Minister and dissolve the National Assembly, but the Seventeenth Amendment partially restored this authority.

Branches of Legislation

Two major branches of legislation are Senate and National Assembly: here we discuss in detail.

SENATE

The Senate plays a crucial role in representing the provinces and territories of the country, fostering a sense of equality, peace, and harmony that is vital for the nation’s growth and prosperity. Therefore, the Senate has played a crucial role in Pakistan’s federal system, providing stability and balance over time.

The primary objective behind the establishment of the Senate of Pakistan was to ensure fair representation for all the federating units, as opposed to the National Assembly, which allocated seats based on population size. Ensuring equal provincial membership in the Senate helps to address provincial inequality in the National Assembly and alleviate any concerns about deprivation and exploitation. The Senate plays a crucial role in fostering national unity and addressing concerns of smaller provinces about potential dominance by a single province in the National Assembly.

In recent years, the Senate was composed of 104 members, with 14 members elected by each provincial Assembly, 8 members elected from Federally Administered Tribal Areas (FATAs) by the members of National Assembly, and 2 members (one woman and one technocrat) elected from the Federal Capital by the members of National Assembly. Additionally, each Provincial Assembly elects 4 women, 4 technocrats, and 1 non-Muslim.

The distribution of seats among different regions, including provinces, Federally Administered Tribal Areas (FATAs), Federal Capital, women, and Ulema/Technocrats, determines the elected representatives. However 2024, after the amalgamation of FATA in KP, the 4 seats of FATA were abolished. As a result, the current number of senators stands at 96. In addition, the April 2024 elections were conducted for 48 out of 96 seats, with a majority requiring 49 seats.

The 1973 Constitution outlines a system of government with a bicameral legislature consisting of the National Assembly and the Senate. The Senate membership, initially consisting of 45 members, was increased to 63 in 1977 and further expanded to 87 in 1985. The membership of the Senate was increased from 87 to 100 in 2002.

Senate Elections

Senate 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, including fourteen on general seats, four on seats reserved for technocrats, including Ulema, four on seats reserved for women, and one on seats reserved for non-Muslims.

Four members, i.e., two on general seats, one technocrat including Aalim, and one woman, are elected from the Federal Capital. Non-Muslims have no right to be elected in the 100-seat Senate, where 34 seats are reserved for technocrats, women, and Ulemas (Muslim scholars), but no one from other religions.

The Senate is a permanent legislative body which symbolizes a process of continuity in the national affairs. The term of its members is six years. However, one-half of its members retire every three years. A casual vacancy in the Senate, caused by resignation, death, incapacitation, disqualification, or removal of a member, is filled through election by the respective Electoral College, and the member so elected holds office for the unexpired term of the member whose vacancy he has filled.

A person seeking election to the Senate should not be less than thirty years of age, should be registered as a voter in an area or province from where he seeks election, and should meet other qualifications prescribed under Article 62 of the Constitution.

Term

6 years, renewable by 3-year periods every 3 years.

Eligibility

To be eligible, a person must be at least 30 years old, a Pakistani citizen, be a person of good morality, and have satisfied certain Islamic conditions.

Ineligibility

Dishonorable acts, false evidence, attacks on the country’s territorial integrity, non-rehabilitated bankruptcy, prison sentences of more than five years, or government contracts.

Incompatibilities

Members of the Armed Forces, public offices, and lucrative duties in attendance in Pakistan.

• The two chambers may both introduce legislation.
• The Senate does not have any budget-related powers. The National Assembly is solely competent in budget matters.
• The President of the Senate is the second highest-ranking government official.
• He acts as a temporary Head of State if this position is vacant.

NATIONAL ASSEMBLY

Members of the National Assembly are elected by universal adult suffrage (formally twenty-one years of age and older but the seventeenth amendment changed it to25 years of age). Seats are allocated to each of the four provinces, Federally Administered Tribal Areas, and Islamabad Capital Territory on the basis of population, National assembly members serve for the parliamentary term, which is five years, unless they die resign sooner, or unless the National Assembly is dissolved.

In addition, the Pakistani Constitution reserves 10 seats for religious minorities and 60 seats for women, to be filled by proportional representation among parties with more than 5% of the vote. However, 266 seats are elected through general elections. Women are selected on these seats by their head: another seventeen-amendment innovation. The National Assembly of Pakistan is the lower house of the parliament and the National Assembly has total 336 seats.

After a long period of discrimination since 2002, non-Muslims can vote for both reserved and non-reserved seats. However, Islamic parties do not want candidates from other religious groups, and non-Muslims are reluctant to run against Muslims. For experts, this is the crux of Pakistani democracy.

Functions

The most hectic session coincides with the passage of the Federal Budget in May/June every year. The National Assembly enjoys exclusive powers to consider Money Bills, including the annual budget. The National Assembly also provides a minimum of three-fourths of the Cabinet strength and forms the Government. The Prime Minister is, therefore, a member of the National Assembly who enjoys the support of the majority of the members in the House. The cabinet is also collectively responsible to the Assembly.

Order of the Day

Details of the proceedings of the House on each day are set forth in the order in which they are to be taken up. The program is called orders of the day. The Orders of the Day are laid on the Table of the House and circulated among the Honorable Members at their residences.

Composition; The existing composition of the National Assembly of Pakistan is as under;

Eligibility

A person shall not be qualified to be elected or chosen as a member of the National Assembly unless;

• He is a citizen of Pakistan;
• He is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll in;
• Any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
• Any area in a Province from which she seeks membership for election to a seat reserved for women.

Article 50 of the Constitution provides that the Parliament of Pakistan shall consist of the President and the two Houses known as the National Assembly and the Senate. The National Assembly has an edge over the Senate by legislating exclusively on money matters. With the exception of money Bills, however, both Houses work together to carry out the basic work of the Parliament, i.e. law-making.