Political System of Pakistan

The political system of Pakistan is based on the framework established by the Constitution of 1973. It operates as a federal parliamentary democratic republic, where the President serves as the head of state, the Prime Minister as the head of government, and a multi-party system prevails. The constitution also ensures the independence of the judiciary and establishes a clear separation of powers among the three branches of government .

1. Introduction to Pakistan's Political System

Pakistan is a federal parliamentary democratic republic. This means:

• Federal: Power is divided between the central (federal) government and the provincial governments.
• Parliamentary: The executive branch (Prime Minister and Cabinet) derives its legitimacy from and is accountable to the legislature (Parliament).
• Democratic Republic: The head of state is elected (directly or indirectly) and the government derives its authority from the people through elections.

The political system is characterized by the principle of separation of powers among three branches:

This system ensures checks and balances, where each branch monitors and limits the powers of the others to prevent abuse of authority .

2. President: Powers, Functions, and Election

The President of Pakistan is the constitutional head of state and symbolizes the unity of the republic. Under the 1973 Constitution (as amended, particularly by the 18th Amendment), the President's role is largely ceremonial, with executive powers vested primarily in the Prime Minister .

Election of the President

• Electoral College: The President is elected by an Electoral College consisting of:
  • Members of the Senate (Upper House of Parliament)
  • Members of the National Assembly (Lower House of Parliament)
  • Members of the four Provincial Assemblies
• Term: 5 years
• Eligibility (Article 41):
  • Must be a Muslim
  • At least 45 years of age
  • Qualified to be elected as a member of the National Assembly
• No person can hold the office of President for more than two consecutive terms.

Powers and Functions of the President

Executive Powers

• The executive authority of the federation is exercised in the name of the President (Article 90).
• Appoints the Prime Minister (usually the leader of the majority party in the National Assembly).
• Appoints federal ministers, governors of provinces, the Attorney General, and the Auditor General on the advice of the Prime Minister.
• Supreme Commander of the Armed Forces.
• Appoints the Chief Election Commissioner and members of the Election Commission.
• Appoints the Chief Justice and other judges of the Supreme Court and High Courts on the advice of the Prime Minister and after consultation with the Chief Justice (as per the judicial commission procedure).

Legislative Powers

• Summons and prorogues the sessions of Parliament.
• Addresses the joint sitting of Parliament at the beginning of each parliamentary year.
• Gives assent to bills passed by Parliament (without which they cannot become law).
• Can send a bill back to Parliament for reconsideration (except money bills). If passed again, the President must give assent.
• Has the power to promulgate Ordinances when Parliament is not in session (Article 89). These ordinances have the same force as an Act of Parliament but must be approved by Parliament within a specified time.

Judicial Powers

• Has the power to grant pardon, reprieve, or respite, and to remit, suspend, or commute any sentence passed by any court or tribunal (Article 45).

Financial Powers

• No money bill or demand for a grant can be introduced in Parliament without the President's recommendation.
• The Annual Budget Statement is laid before Parliament in the name of the President.

Emergency Powers

• Can proclaim an emergency if the security of Pakistan is threatened by war, external aggression, or internal disturbance (Article 232).
• Can proclaim an emergency if the constitutional machinery fails in a province (Governor's Rule) (Article 234).
• Can proclaim a financial emergency if the financial stability of Pakistan is threatened (Article 235).

Important Note: After the 18th Amendment (2010), the President's discretionary powers were significantly curtailed. The President must now act on the advice of the Prime Minister in almost all matters, and the advice of the Prime Minister is binding .

3. Prime Minister: Powers, Functions, and Appointment

The Prime Minister of Pakistan is the chief executive and head of government. The Prime Minister holds the real executive authority and is the leader of the majority party in the National Assembly .

Appointment of the Prime Minister

• The Prime Minister is appointed by the President from among the members of the National Assembly.
• The President invites the leader of the party that commands the confidence of the majority in the National Assembly to form the government.
• According to Article 91, the Prime Minister must obtain a vote of confidence from the National Assembly within 60 days of taking the oath.
• The Prime Minister holds office during the pleasure of the President, but the President cannot remove the Prime Minister unless the Prime Minister has lost the confidence of the National Assembly.
• Eligibility: Must be a member of the National Assembly and a Muslim.

Powers and Functions of the Prime Minister

Executive Powers

• The federal government runs in the name of the Prime Minister, who exercises executive authority on behalf of the President.
• Chairs the Cabinet and determines the portfolio of federal ministers.
• Directs and supervises the functioning of all ministries and divisions.
• The Cabinet and all ministers work under the leadership of the Prime Minister.
• All major policy decisions are taken by the Prime Minister and the Cabinet.

Legislative Powers

• The Prime Minister is the leader of the house in the National Assembly.
• Advises the President on summoning and proroguing parliamentary sessions.
• Major government legislation is introduced and piloted under the Prime Minister's direction.

Appointment Powers

• Recommends names to the President for the appointment of:
  • Federal Ministers, Ministers of State, and Advisors
  • Governors of provinces
  • Chairman and members of various public sector organizations and commissions
  • Ambassadors and high commissioners
  • Chief executives of autonomous and semi-autonomous bodies
• Recommends names for appointment of judges to the Supreme Court and High Courts through the Judicial Commission process.

Financial Powers

• The Prime Minister is the head of the Economic Coordination Committee (ECC) and the Cabinet Committee on Privatization.
• The federal budget is prepared under the supervision of the Prime Minister and presented by the Finance Minister on behalf of the Prime Minister.

Foreign Affairs

• Represents Pakistan in international forums or appoints representatives.
• Determines the foreign policy of Pakistan in consultation with the Cabinet.
• Negotiates and signs international treaties and agreements (subject to ratification by Parliament).

Emergency Powers

• Advises the President on the proclamation of emergency under various articles of the Constitution.

Relationship between President and Prime Minister

Under the 1973 Constitution (post-18th Amendment), the relationship is clearly defined:

• The President is the head of state, while the Prime Minister is the head of government.
• The President acts on the advice of the Prime Minister in almost all matters.
• The Prime Minister keeps the President informed on matters of internal and foreign policy.
• The President cannot dissolve the National Assembly on his own discretion (this power was removed by the 13th and 18th Amendments).

4. Cabinet and Federal Government

The Cabinet, headed by the Prime Minister, is the collective decision-making body of the federal government. It consists of senior ministers who head various ministries .

Composition

• Federal Ministers: Members of Parliament appointed to head important ministries (e.g., Foreign Affairs, Finance, Interior, Defense).
• Ministers of State: Junior ministers who assist federal ministers or head smaller ministries.
• Advisors: Experts appointed to advise on specific matters; may or may not be members of Parliament.

Key Principles

• Collective Responsibility (Article 91): The Cabinet is collectively responsible to the National Assembly. If a vote of no-confidence is passed against one minister, the entire Cabinet falls.
• Individual Responsibility: Each minister is individually responsible for the portfolio they manage.
• All ministers must be members of Parliament (either National Assembly or Senate). If a non-member is appointed as minister, they must become a member within six months.

Functions of the Cabinet

• Formulates national policies and ensures their implementation.
• Reviews the work of various ministries and coordinates between them.
• Approves legislation to be introduced in Parliament.
• Approves the federal budget before it is presented to Parliament.
• Makes decisions on foreign policy and international relations.
• Approves appointments to key positions in public sector organizations.

Cabinet Committees

The Cabinet forms various committees to handle specific areas, including:

• Economic Coordination Committee (ECC)
• Cabinet Committee on Energy
• Cabinet Committee on Law and Justice
• Cabinet Committee on Privatization
• Cabinet Committee on Security

5. Parliament: Composition and Functions

The Parliament of Pakistan, known as Majlis-e-Shoora, is the federal legislature. It is bicameral, consisting of two houses: the National Assembly (Lower House) and the Senate (Upper House) .

A. National Assembly

Composition

• Total Seats: 336 (as per the latest allocation)
• General Seats: 266 - directly elected by the people through adult franchise (18+ years) for a term of 5 years.
• Women Seats: 60 - reserved seats allocated to political parties based on their proportion of general seats.
• Non-Muslim Seats: 10 - reserved for minorities (Christians, Hindus, Sikhs, etc.), also allocated proportionally.

Presiding Officers

• Speaker: Presides over the sessions of the National Assembly; maintains order; ensures rules of procedure are followed.
• Deputy Speaker: Presides in the absence of the Speaker.
• Both are elected by the members of the National Assembly from among themselves.

Functions of the National Assembly

• Legislative Function: Passes bills on matters in the Federal Legislative List. Money bills can only originate in the National Assembly.
• Financial Function: Approves the federal budget and all government expenditures. No tax can be imposed or money spent without the approval of the National Assembly.
• Executive Control: Exercises oversight over the executive through questions, adjournment motions, call-attention notices, and standing committees. The Cabinet is collectively responsible to the National Assembly.
• Constituent Function: Participates in the process of constitutional amendments (requires two-thirds majority).
• Electoral Function: Participates in the election of the President (along with Senate and Provincial Assemblies).
• Vote of No-Confidence: Can remove the Prime Minister through a vote of no-confidence (requires a simple majority of the total membership).

Duration and Dissolution

• The National Assembly is elected for a term of 5 years, unless dissolved earlier.
• The Prime Minister can advise the President to dissolve the National Assembly at any time. If dissolved, elections must be held within 90 days.

B. Senate

Composition

• Total Seats: 96
• Provincial Representation (23 each): Each of the four provinces has 23 senators:
  • 14 general seats
  • 4 women seats
  • 4 technocrats including Ulema
  • 1 non-Muslim
• Islamabad Capital Territory: 4 senators (2 general, 1 woman, 1 technocrat) - elected by National Assembly.
• Former FATA (now merged with KP): 4 senators (these seats are being phased out as per the 25th Amendment).
• Election: Senators are elected indirectly by the members of the Provincial Assemblies (for provincial seats) and by the National Assembly (for Islamabad seats).

Presiding Officer

• Chairman of the Senate: Presides over Senate sessions. In the absence of the President, the Chairman acts as the President of Pakistan.
• Deputy Chairman: Presides in the absence of the Chairman.
• Both are elected by the members of the Senate from among themselves.

Term

• Senators serve a term of 6 years.
• Half of the senators retire every 3 years, ensuring continuity in the upper house.
• The Senate is a permanent house and is not subject to dissolution.

Functions of the Senate

• Legislative Function: Participates in lawmaking on matters in the Federal Legislative List. However, money bills cannot originate in the Senate.
• Review Function: Reviews bills passed by the National Assembly (except money bills) and can suggest amendments.
• Representation: Ensures equal representation of all provinces at the federal level, protecting provincial interests.
• Constituent Function: Participates in constitutional amendments (requires two-thirds majority in both houses).
• Electoral Function: Participates in the election of the President.

C. Joint Sitting of Parliament

• When there is a disagreement between the two houses on a bill (other than a money bill), the bill is presented at a joint sitting of both houses.
• The joint sitting is presided over by the Speaker of the National Assembly.
• Decisions are taken by a simple majority of the members present and voting.
• Constitutional amendments also require a two-thirds majority in a joint sitting if not passed separately by both houses.

6. Judiciary: Structure and Role

The judiciary in Pakistan is independent and separate from the executive and legislature. It interprets laws, ensures justice, and acts as the guardian of the constitution through judicial review .

Structure of the Court System

1. Supreme Court of Pakistan

• Location: Islamabad
• Head: Chief Justice of Pakistan
• Composition: Chief Justice and other senior judges (currently 17 judges including the Chief Justice).
• Appointment: Judges are appointed by the President on the advice of the Prime Minister, following recommendations from the Judicial Commission of Pakistan and a Parliamentary Committee.
• Jurisdiction:
  • Original Jurisdiction: Disputes between federal and provincial governments or between provinces (Article 184).
  • Appellate Jurisdiction: Hears appeals against decisions of High Courts and other special courts/tribunals.
  • Advisory Jurisdiction: Gives opinion on questions of law referred by the President (Article 186).
  • Suo Moto Notice: Can take cognizance of matters involving fundamental rights of public importance.
• Term: Retirement age is 65 years.

2. Federal Shariat Court

• Location: Islamabad
• Composition: 8 Muslim judges (including 3 who are Ulema qualified in Islamic law).
• Jurisdiction:
  • Examines laws to ensure they comply with Islamic injunctions.
  • Hears appeals under Hudood laws.
  • Decisions can be appealed to the Supreme Court's Shariat Appellate Bench.

3. High Courts

• Each province has a High Court:
  • Lahore High Court (Punjab)
  • Sindh High Court (Karachi)
  • Peshawar High Court (Khyber Pakhtunkhwa)
  • Balochistan High Court (Quetta)
  • Islamabad High Court (Islamabad Capital Territory)
• Head: Chief Justice of the respective High Court.
• Jurisdiction:
  • Original and appellate jurisdiction within the province.
  • Superintendence over subordinate courts in the province.
  • Can issue writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) for enforcement of fundamental rights.
• Term: Retirement age is 62 years.

4. District and Sessions Courts

• Operate at the district level.
• Handle civil and criminal cases.
• Presided over by District and Sessions Judges, Additional District Judges, and Civil Judges/Judicial Magistrates.
• Under the administrative control of the respective High Court.

5. Special Courts and Tribunals

• Establishments for specific matters, e.g.:
  • Anti-Terrorism Courts
  • Banking Courts
  • Customs and Excise Courts
  • Service Tribunals
  • Labour Courts

Key Features of the Judiciary

Independence of Judiciary

• Judges are appointed through a transparent process involving the Judicial Commission.
• Security of tenure: Judges cannot be removed easily; removal requires a Supreme Judicial Council inquiry and a reference to the President.
• Financial independence: The judiciary's budget is not controlled by the executive.

Judicial Review

• The Supreme Court and High Courts have the power to review laws and executive actions to ensure they conform to the constitution.
• If a law is found to be unconstitutional, it can be struck down.

Judicial Appointments (18th & 19th Amendments)

The process involves:

1. Judicial Commission of Pakistan: Recommends names for appointment. Comprises:
   • Chief Justice of Pakistan (Chairman)
   • Four senior-most judges of the Supreme Court
   • One former Chief Justice or retired judge nominated by the Chief Justice for 2 years
   • Federal Minister for Law and Justice
   • Attorney General of Pakistan
   • One senior advocate nominated by the Pakistan Bar Council
2. Parliamentary Committee: Reviews the recommendations and confirms or rejects them.
3. President: Appoints judges on the advice of the Prime Minister based on these recommendations.

Supreme Judicial Council

• Composed of:
  • Chief Justice of Pakistan (Chairman)
  • Two senior-most judges of the Supreme Court
  • Two senior-most Chief Justices of High Courts
• Hears complaints against judges and recommends their removal to the President if misconduct or incapacity is proven.

7. Political Parties and Elections

Pakistan has a multi-party political system, with numerous political parties representing various ideologies, ethnicities, and interests .

A. Major Political Parties

B. Election System

Election Commission of Pakistan (ECP)

• Constitutional Body: Established under Article 213 of the Constitution.
• Composition:
  • Chief Election Commissioner (CEC) - appointed for 5 years
  • Four members from each province - appointed for 5 years
  • A Secretary and supporting staff
• Functions:
  • Conducts elections for National Assembly, Senate, Provincial Assemblies, and Local Government.
  • Prepares and updates electoral rolls (voter lists).
  • Delimits constituencies.
  • Allocates election symbols to political parties.
  • Ensures elections are free, fair, and transparent.
  • Has the power to hear and decide election disputes (subject to appeals in courts).

Electoral Process

1. Voter Registration: Citizens 18 years and above can register to vote. Computerized National Identity Cards (CNICs) are required for registration.
2. Delimitation of Constituencies: The ECP divides the country into constituencies based on population (approximately equal representation).
3. Nomination of Candidates: Candidates file nomination papers with the ECP, which scrutinizes them for eligibility.
4. Election Campaign: Political parties and candidates campaign for a specified period.
5. Polling Day: Voting is conducted through secret ballot. Electronic Voting Machines (EVMs) have been debated but traditional ballot papers are currently used.
6. Counting and Results: Votes are counted at polling stations, and results are consolidated and announced by the ECP.
7. Oath of Office: Elected members take oath and assume their seats in the respective assemblies.

Types of Elections in Pakistan

• General Elections: Held every 5 years to elect members of the National Assembly and Provincial Assemblies.
• Senate Elections: Held to elect members of the Senate (indirect elections through Provincial Assemblies).
• By-Elections: Held when a seat falls vacant due to death, resignation, or disqualification of a member.
• Local Government Elections: Held to elect members of local councils (union councils, tehsil councils, district councils, etc.).

Key Electoral Features

• First-Past-The-Post (FPTP): For general seats, the candidate with the highest number of votes wins, regardless of whether they achieve a majority.
• Proportional Representation: For reserved seats (women and non-Muslims), seats are allocated to political parties based on the proportion of general seats they won.
• Separate Electorates: Historically, there were separate electorates for Muslims and non-Muslims, but now there is a joint electorate system (since 2002). Non-Muslims vote for both general seats and reserved minority seats.

Eligibility for Voting

• Must be a citizen of Pakistan.
• Must be 18 years of age or older.
• Must be registered as a voter in the electoral roll.
• Must possess a valid CNIC.
• Must not be declared insane by a competent court.

Eligibility for Contesting Elections (National/Provincial Assembly)

• Must be a citizen of Pakistan.
• Must be at least 25 years of age.
• Must be registered as a voter in any constituency.
• Must possess a CNIC.
• Must not have been convicted by a court for certain offenses (e.g., moral turpitude, corruption).
• Must not be in default of government loans or utility bills.
• Must have adequate knowledge of Islamic teachings and practice obligatory duties (for Muslims).

C. Elections 2024 (Recent Context)

The most recent general elections in Pakistan were held on February 8, 2024. Key outcomes:

• Independent candidates (mostly affiliated with PTI) won the most seats.
• A coalition government was formed between PML-N, PPP, and other parties.
• Shehbaz Sharif was elected as Prime Minister for a second term.
• Asif Ali Zardari was elected as President for a second term.

8. Local Government System

Local government constitutes the third tier of governance in Pakistan, below the federal and provincial levels. It is designed to bring governance closer to the people and ensure grassroots participation in development and administration .

Constitutional Basis

• Article 32: Encourages the establishment of local government institutions.
• Article 140-A: Mandates provinces to establish local government systems and devolve political, administrative, and financial authority to the grassroots level.

After the 18th Amendment (2010), local government became exclusively a provincial subject. Therefore, each province has its own Local Government Act and system, leading to variations across provinces.

Structure of Local Government

The local government system in Pakistan is generally three-tiered in rural areas and two-tiered in urban areas.

Rural Areas

1. Union Council:
   • The lowest tier, consisting of a few villages.
   • Comprises directly elected members (including reserved seats for youth, peasants, women, and non-Muslims).
   • Headed by a Chairman/Vice Chairman or Mayor/Deputy Mayor.
   • Functions: Basic municipal services, registration of births and deaths, local dispute resolution, etc.
2. Tehsil/Town Council:
   • The middle tier, covering a tehsil or town.
   • Composed of union council chairmen and directly elected members.
   • Headed by a Tehsil/Town Chairman or Mayor.
   • Functions: Municipal services like water supply, sanitation, roads within the tehsil, etc.
3. District Council (Zila Council):
   • The highest tier at the district level.
   • Composed of tehsil chairmen, union council chairmen, and directly elected members.
   • Headed by a Chairman or Zila Nazim.
   • Functions: District-level planning, coordination, development projects, etc.

Urban Areas

1. Union Council (in smaller towns): Similar to rural union councils.
2. Municipal Committee/Town Committee: For smaller cities and towns.
3. Municipal Corporation: For larger cities.
4. Metropolitan Corporation: For mega-cities like Karachi, Lahore, Faisalabad, Rawalpindi, etc.

Local Government System by Province (Recent)

Punjab

• Governed by the Punjab Local Government Act 2022.
• Three-tier system: District Councils (rural), Tehsil Councils (mixed), and Metropolitan Corporations/Municipal Corporations/Municipal Committees (urban).
• Union Councils (both rural and urban) as basic units.
• Direct election of Union Council chairmen and members; indirect election for higher tiers.

Sindh

• Governed by the Sindh Local Government Act 2013 (amended subsequently).
• Three-tier system: District Councils (rural), Taluka/Tehsil Councils (intermediate), and Union Councils (basic).
• Urban areas have Metropolitan Corporations (Karachi), Municipal Corporations, and Municipal Committees.
• The Karachi Metropolitan Corporation (KMC) is a notable example, with six district municipal corporations under it.

Khyber Pakhtunkhwa

• Governed by the Khyber Pakhtunkhwa Local Government Act 2013 (amended in 2019).
• Three-tier system: Village Councils and Neighbourhood Councils (basic), Tehsil Councils (middle), and District Councils (top).
• Direct election for Village/Neighbourhood Councils; indirect for higher tiers.
• Includes specific provisions for merged districts (former FATA).

Balochistan

• Governed by the Balochistan Local Government Act 2010 (amended).
• Three-tier system: Union Councils (basic), Tehsil/Town Councils (middle), and District Councils (top).
• Urban areas have Municipal Committees and Municipal Corporations.

Functions and Responsibilities of Local Government

The functions of local governments generally include:

• Municipal Services: Water supply, sanitation, solid waste management, street lighting, maintenance of local roads and streets.
• Infrastructure Development: Construction and maintenance of local infrastructure like parks, playgrounds, community centers, and local markets.
• Health: Basic health units (BHUs), dispensaries, and maternal and child health centers (often shared with provincial government).
• Education: Primary and secondary schools (often shared with provincial government).
• Social Welfare: Welfare programs for vulnerable groups, women's development, and youth affairs at the local level.
• Regulatory Functions: Issuance of licenses (shops, trades, etc.), regulation of markets, enforcement of local bylaws.
• Revenue Collection: Collection of local taxes (property tax, profession tax, etc.), fees, and user charges.
• Planning and Development: Preparation of local development plans and projects.

Finances of Local Government

Local governments have both own-source revenues and financial transfers from provincial governments:

• Own Sources: Property tax, profession tax, fees for services (building permits, trade licenses), rents from local properties, etc.
• Provincial Transfers: A portion of provincial revenues (e.g., from the Provincial Finance Commission) is allocated to local governments.
• Grants: Specific-purpose grants from provincial or federal governments for development projects.
• Loans: With provincial approval, local governments can borrow for development projects.

Challenges of Local Government in Pakistan

• Lack of Financial Autonomy: Local governments often depend heavily on provincial transfers and have limited capacity to generate their own revenue.
• Administrative Issues: Lack of trained staff, capacity constraints, and interference from provincial bureaucracy.
• Political Interference: Provincial governments sometimes delay local government elections or transfer powers back to provincial departments.
• Delay in Elections: Local government elections are often delayed beyond the constitutional timeframe.
• Devolution Gap: Despite constitutional provisions, full devolution of powers, functions, and finances has not been achieved.
• Parallel Systems: In some areas, provincial government departments continue to perform functions that should be devolved to local governments.

Importance of Local Government

• Ensures grassroots democracy and participation.
• Improves service delivery by bringing governance closer to people.
• Enables better identification of local needs and priorities.
• Trains future political leaders at the grassroots level.
• Reduces burden on provincial governments.
• Enhances accountability as local representatives are directly answerable to their communities.