Branches of Legislation: Senate and National Assembly

The federal government consists of two chambers: the Senate, functioning as the upper house, and the National Assembly, acting as the lower house. According to Article 50 of the Constitution, the National Assembly, the Senate, and the president jointly constitute an entity known as the Majlis e Shoora (Council of Advisers). The democracy of Pakistan is devoid of a recall mechanism.

Nonetheless, previous administrations have encountered accusations of corruption, resulting in their removal through the president’s invocation of Article 58 of the Constitution. The Thirteenth Amendment eliminated the president’s ability to fire the Prime Minister and dissolve the National Assembly, although the Seventeenth Amendment partially reinstated this power.

Branches of Legislation

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

SENATE

The Senate is essential in representing the provinces and territories, promoting equality, peace, and harmony critical for national progress and prosperity. Consequently, the Senate has been crucial in Pakistan’s federal system, ensuring stability and equilibrium over time. The principal aim of establishing the Senate of Pakistan was to provide equitable representation for all federating units, in contrast to the National Assembly, which apportioned members according to population size. Guaranteeing equal province representation in the Senate mitigates provincial disparities in the National Assembly and alleviates apprehensions over deprivation and exploitation.

The Senate is essential in promoting national cohesion and alleviating the apprehensions of smaller provinces regarding the possible hegemony of a singular province inside the National Assembly. In recent years, the Senate consisted of 104 members, with 14 members elected by each provincial Assembly, 8 members elected from Federally Administered Tribal Areas (FATAs) by the National Assembly members, and 2 members (one woman and one technocrat) elected from the Federal Capital by the National Assembly members.

Furthermore, each Provincial Assembly elects 4 women, 4 technocrats, and 1 non-Muslim representative. The allocation of seats among several areas, encompassing provinces, Federally Administered Tribal Areas (FATAs), the Federal Capital, women, and Ulema/Technocrats, dictates the selection of elected MPs. In 2024, with the incorporation of FATA into KP, the four seats allocated to FATA were eliminated. The present count of senators is 96. The April 2024 elections were held for 48 of the 96 seats, with a majority necessitating 49 seats.

The 1973 Constitution establishes a governmental framework including a bicameral legislature composed of the National Assembly and the Senate. The Senate’s composition, originally including 45 members, was augmented to 63 in 1977 and subsequently enlarged to 87 in 1985. The Senate’s membership was augmented from 87 to 100 in 2002.

Senate Elections

Senate elections occur pursuant to Article 59 of the Constitution. Each of the four provincial assemblies shall elect twenty-three members in the forthcoming Senate election from their respective provinces, comprising fourteen general seats, four technocrat seats, including Ulema, four seats reserved for women, and one seat reserved for non-Muslims. Four members are chosen from the Federal Capital: two from general seats, one technocrat, including Aalim, and one woman. Non-Muslims are ineligible for election to the 100-seat Senate, which allocates 34 seats for technocrats, women, and Ulemas (Muslim scholars), excluding those from other faiths.

The Senate is a permanent legislative institution that represents continuity in national matters. The duration of its members’ tenure is six years. Nevertheless, fifty percent of its members retire every three years. A casual vacancy in the Senate, resulting from resignation, death, incapacitation, disqualification, or removal of a senator, is replaced via election by the corresponding Electoral College, and the chosen member serves for the remainder of the term of the member whose vacancy has been filled.

An individual aspiring to be elected to the Senate must be at least thirty years old, must be registered as a voter in the relevant region or province from which they seek election, and must fulfill further conditions stipulated in Article 62 of the Constitution.

Term

Six years, renewable in three-year increments every three years.

Eligibility

Eligibility requires an individual to be a minimum of 30 years old, a citizen of Pakistan, possess excellent moral character, and fulfill specific Islamic criteria.

Ineligibility

Dishonorable actions, fabricated evidence, assaults on national territorial integrity, unreformed bankruptcy, jail terms exceeding five years, or government contracts.

Incompatibilities

Members of the Armed Forces, governmental officials, and those engaged in remunerative positions present in Pakistan.

• Both houses may initiate legislation.
• The Senate lacks budgetary authority. The National Assembly possesses exclusive authority over budgetary affairs.
• The President of the Senate is the second highest-ranking person in the government.
• He serves as the interim Head of State in the event of a vacancy in this office.

NATIONAL ASSEMBLY

Members of the National Assembly are chosen by universal adult suffrage, with the statutory age requirement being twenty-one years, however the seventeenth amendment revised it to twenty-five years. Seats are distributed among the four provinces, Federally Administered Tribal Areas, and Islamabad Capital Territory according to population size. Members of the National Assembly serve a parliamentary term of five years, until they resign, pass away, or the National Assembly is dissolved.

The Pakistani Constitution allocates 10 seats for religious minorities and 60 seats for women, to be filled by proportional representation among parties receiving above 5% of the vote. Women are appointed to these seats by their leader, representing another novelty of the seventeenth amendment. The National Assembly of Pakistan is the lower house of parliament, with 336 members, of which 266 are directly elected, 60 are designated for women, and an additional 10 are reserved for religious minorities.

Following an extended duration of discrimination since 2002, non-Muslims are now permitted to vote for both reserved and non-reserved seats. Islamic parties oppose candidates from other religious affiliations, while non-Muslims are hesitant to compete against Muslims. This is the essence of Pakistani democracy for specialists.

Functions

The most intense session corresponds with the enactment of the Federal Budget in May or June each year. The National Assembly possesses sole authority to deliberate on Money Bills, encompassing the yearly budget. The National Assembly constitutes at least three-fourths of the Cabinet and establishes the Government. The Prime Minister is a member of the National Assembly who possesses the backing of the majority of House members. The cabinet is jointly accountable to the Assembly.

Order of the Day

The procedures of the House are outlined in the sequence in which they will be addressed each day. The initiative is titled Orders of the Day. The Orders of the Day are presented on the Table of the House and distributed to the Honorable Members at their houses. The current makeup of the National Assembly of Pakistan is as follows;

Eligibility

An individual shall not be eligible for election as a member of the National Assembly unless;

• He is a citizen of Pakistan;
• He is, in the case of the National Assembly, at least twenty-five years old and is registered as a voter on any electoral roll in;
• Any region of Pakistan, for election to a general seat or a seat designated for non-Muslims;
• Any locality within a Province from which she aspires to obtain membership for election to a seat allocated for women.

Article 50 of the Constitution stipulates that the Parliament of Pakistan comprises the President and two Houses, namely the National Assembly and the Senate. The National Assembly possesses an advantage over the Senate by legislating solely on financial issues. Except for money bills, both Houses collaborate to perform the fundamental functions of Parliament, namely, law-making.