6/10/2020 Administrative

Structure of
Pakistan

Turab Ghumman
Submitted to : Miss Rabia Naveed

Submitted by : Turab Ghumman

Course Title : Pakistan Studies

Course Code : PKS-100

Roll No. : Math-19017

Department : Mathematics

Section : A

Semester : 2nd
 Administrative Structure of Pakistan

Introduction:

An administrative structure is a typically hierarchical arrangement of lines of authority. It

determines how the roles, power, and responsibilities are assigned, and how the work process
flows among different management levels. Pakistan’s existing administrative structure of
federal and provincial governments is operating under the Constitution of 1973.In it some
provisions of Interim Constitution of 1972, second Constitution of 1962 and the first
Constitution of 1956, are included.

In a federal system, the federation and the units have to depend upon one another. The
matters relating to legislature, executive, judiciary, federation and provinces have been
specified in the Constitution. The matters of national importance, for example, defence,
internat relations, custom, finance etc. are assigned to federation, while provincial and local
matters, for example, education, health, local governments, agriculture and industry are
allotted to provincial governments. The district governments have been established. An
important role has been assigned to district government on August 14, 2001 to serve the
people at grass root level.
History of Pakistan’s Administrative Structure:

 Pakistan's areas and domains were acquired from British India at freedom on 14 August
1947. 2 days after autonomy, the Muslim-lion's share locale of Murshidabad in Bengal
moved from Pakistan to India because of an honor by the Radcliffe Commission. In
1947, Pakistan comprised of two wings, which were isolated by 1600 kilometers of
Indian region. The western wing comprised of the merger of Northwest Frontier
Province, West Punjab, and Sindh, the Baluchistan Chief Commissioners Province,
thirteen royal states. The eastern wing comprised of East Bengal, the Chittagong Hill
Tracts and Sylhet from the previous British Raj region of Assam.
 In 1948, Karachi was separated from Sindh to form the Federal Capital Territory. In
1950, the Northwest Frontier Province absorbed the princely states of Amb and Phulra
while West Punjab renamed itself to Punjab. In 1952, the four princely states in the
southwest formed the Baluchistan States Union.
 In 1955, the One Unit Policy was propelled by Muhammad Ali Bogra, whereby all the
areas and august conditions of the western wing were combined and shaped West
Pakistan, with Lahore as the common capital. At the same time, East Bengal (counting
Sylhet and the Hill Tracts) was renamed to East Pakistan, with Dacca as the
commonplace capital. The One Unit Policy planned to lessen use and to wipe out
common biases, however the military overthrow of 1958 flagged challenges when the
main military President, Ayub Khan, annulled the workplace of Chief Minister of West
Pakistan for Governor's standard.
 On 7 September 1958, following four years of dealings, including a half year of extreme
arrangements, Pakistan bought the Gwadar enclave from the administration of Oman
for 5.5 billion rupees/USD $3 million (approx. $22,410,311.42 in 2017). Gwadar officially
turned out to be a piece of Pakistan on 8 December 1958 following 174 years of Omani
principle. In 1960, the government capital moved from Karachi to Rawalpindi and in
1961, the Federal Capital Territory was converged into West Pakistan. In 1966, the
capital was again moved to Islamabad. In 1962, Dacca was made the authoritative
capital of the nation because of East Pakistan's high population. In 1963, Pakistan went
 into a bargain with China to move some portion of the Gilgit Agency to China
(Shaksgam Valley—the Trans-Karakoram Tract) with the arrangement that the
settlement was dependent upon the last arrangement of the Kashmir contest.
 In 1970, the second military President, Yahya Khan, annulled West Pakistan and built up
four new territories: Sindh, Balochistan, Northwest Frontier Province and Punjab. In
1971, East Pakistan withdrew to shape Bangladesh in the Bangladesh Liberation War. In
1974, the staying august conditions of Hunza and Nagar were canceled and their
regions converged into Gilgit Agency, to frame the Northern Areas. In 1975, parts of the
regions of Peshawar and Dera Ismail Khan were isolated to frame the Federally
Administered Tribal Areas. In 1981, the area around Islamabad was isolated from
Punjab, and renamed to Islamabad Capital Territory.
 In August 2000, divisions were nullified as a major aspect of an arrangement to rebuild
nearby government, trailed by decisions in 2001. Huge numbers of the capacities
recently dealt with by the areas had been moved to the locale and tehsils. In 2008, the
administration reestablished the previous divisions and delegated officials.
 In 2009, the Northern Areas were renamed to Gilgit-Baltistan and turned into an
accepted province. In 2010, the Northwest Frontier Province was renamed to Khyber
Pakhtunkhwa. In 2018, the National Assembly of Pakistan and Khyber Pakhtunkhwa
Assembly passed the memorable FATA Merger Bill - with the reception of the Twenty-
Fifth Amendment Act of 2018. On 31 May, the last advance in the merger of the FATA
with Khyber Pakhtunkhwa (KP) was finished, as President Mamnoon Hussain marked
the 25th Constitutional Amendment Bill into law. Hence FATA status was annulled as a
different substance and was converged into Khyber Pakthunkhwa territory.

Administrative Units of Pakistan:

 The administrative units of Pakistan consist of four provinces (Balochistan, Khyber
Pakhtunkhwa, Punjab, and Sindh), two autonomous territories (Azad Jammu and Kashmir,
Gilgit-Baltistan) and one federal territory (Islamabad Capital Territory). Each province and
territory is subdivided into divisions, which are further subdivided into districts, which are
further subdivided into tehsils, which are further subdivided into union councils.

Administrative units of Pakistan

Category Federated State

Location Islamic Republic of Pakistan

Number 4 Provinces
2 Autonomous Territories
1 Federal Territory

Populations Least 2,441,523 (Gilgit-Baltistan)

Most 110,012,442 (Punjab)

Areas Smallest 906.0 km2  (Islamabad Capital Territory)

Largest 347,200 km2  (Balochistan)

Subdivisions Divisions, Districts, Tehsil, Union Council

Various Institutions and their Functions

The government has been divided into three branches i.e. legislature, executive and judiciary to
run the administrative of Federal Government. Every branch has its own job. For example,
legislature is to legislate, executive is to implement the laws made by legislature whereas the
judiciary interprets the laws.

1. The Executive Government:

Prime Minister of Pakistan:

The Prime Minister of Pakistan is the Head of Government of

Pakistan and designated as the Chief Executive of the Republic, who leads the executive
branch of the government, oversees the economical growth, heads the Council of
Common Interests as well as the Cabinet, and is vested with the command authority
over the nuclear arsenals. He is also a leader of the nation who has control over all
matters of internal and foreign policy.

The Prime Minister is appointed by the members of the National Assembly through a vote for
the term of five years. The Prime Minister is assisted by the Federal Cabinet, a Council of
Ministers whose members are appointed by the President on the advice of the Prime Minister.

Prime Minister’s Secretariat:

The Prime Minister Secretariat is the official residence and principle workplace of the
Prime Minister of Pakistan located in 44000 Constitution Avenue, Islamabad, Pakistan. Since
1973, it has been an official residence of the every Prime Minister of Pakistan.
 Prime Minister’s Secretariat

The secretariat was designed by the Capital Development Authority (CDA) slowly built along
with Islamabad’s federal district, including an imposing Supreme Court building, a presidential
office. It is the highest executive office of the Federal Government, which supervises all other
offices of the Government. It is working under the direct control of the Prime Minister, who is
accountable to the Parliament for its working.

i. Federal Cabinet:
The Cabinet of Pakistan is a formal body composed of senior government
officials chosen and led by the Prime Minister. The Cabinet Secretary of Pakistan serves as
the administrative head of the Cabinet Division and reports directly to the Prime Minister.

Federal Cabinet
 It comprises Prime Minister and other Ministers, who run the affairs of the
Federal Government. All cabinet members sworn in are designated Minister, and are
seated at their respective ministries located in the Pakistan Secretariat. There are two
types of ministers in the Federal Cabinet i.e. Federal Ministers and Ministers for State,
who remain in offices till the pleasure of the Prime Minister or the consent of the
Parliament. According to the Constitution of Pakistan, the Prime Minister may dismiss
members of the cabinet, but must do so in writing, and new appointees must again be
approved by the Parliament. The cabinet meets weekly in Islamabad. The cabinet is
granted constitutional power under Article 81D of the Constitution of Pakistan. The
Cabinet currently consists of 35 members.
Ministry:

It comprises one or two Divisions. It formulates policies and implements them. The
political head of the Ministry is Federal Minister, while its administrative head is Secretary, an
officer of BS-22.

Division:

Division is a complete administrative unit like ministry, and functions on the same pattern. Its
political head is Minister for State and administrative head is Additional Secretary, an officer of
BS-21.
 Divisions in Punjab

i. Federal Minister:

The Federal Minister is the political head of the Ministry and works as a liaison
between the Prime Minister and the Ministry. He represents his Ministry in the Parliament
and gives the answers to the questions regarding his ministry. A list of some these
Ministries are given below:

 Ministry of Water Resources

 Ministry of Defence
 Ministry of Energy
 Ministry of Foreign Affairs
 Ministry of Human Rights
 Ministry of Finance, Revenue and Economic Affairs
 Ministry of interior
 Ministry of Railways
 Ministry of Religious Affairs
 Ministry of Petroleum
 ii. Minister for State:
The Minister for State is the political head of the Division and works as a liaison
between the Prime Minister and his Division. He represents his Division in the
Parliament and answers the questions related to his Division. A list of some of these

Ministries are given below:

 Minister of State for Climate Change

 Ministry of State for Housing and Works
 Ministry of State for Parliamentary Affairs
 Ministry of State for States and Frontier Regions
Advisers:

In Pakistani politics, political parties bestow honours and privileges on their

special workers and dear ones even if they are not elected to the assemblies. These people
often assume power positions as advisors and special assistants to the Prime Minister (PM) and
Chief Ministers (CMs) of the provinces. Though the constitution allows a chief minister to take
help of advisors and special assistants in fulfilling his duties, however, the constitution does not
allow them to act as an executive. List of some these Advisors are given below:

 Advisor on Climate Change

 Advisor on Commerce, Textile, Industry & Production and Investment
 Advisor on Establishment
 Adviser on Finance and Revenue
 Adviser on Institutional Reforms and Austerity

Attached Department:

Every Ministry or Division has one or more attached departments. Attached department
helps the Ministry or Division in formulating the policies and are responsible for the
implementation of those policies. Some of these Departments are given below:

 Communication and Works Department

 Cooperatives Department
  Environment Protection Department
 Excise and Taxation Department
 Finance Department
 Forestry, Wildlife and Fisheries Department
 Health Department
 Higher Education Department
 Human Rights and Minorities Affairs Department
 Population Welfare Department

Subordinate Office:

Subordinate offices generally function as field establishments or as agencies responsible

for the detailed execution of the policies of government. Subordinate Office means a Federal
Government office other than a Ministry, Division or an Attached Department. Every attached
Department has many subordinate offices, which perform special functions. The head of the
subordinate office is known as Director or Administrator. Subordinate officer means a person
who has been delegated the authority to exercise the sovereign power of the state by an
officer.

Autonomous or Semi-Autonomous Bodies:

Every Ministry or Division controls numerous autonomous or semi-autonomous

bodies. These instructions decide the matters without delay and perform their useful role in
national development. Now-a-days the number of autonomous bodies is increasing day by day
in Pakistan.

Central Secretariat:

The Central Secretariat is a collection of various ministries and departments. A ministry,

for the purposes of internal organisation, is divided into the following sub-groups with an
officer incharge of each of them Secretary/Additional/Secretary/Special Secretary.

i. Secretary:
 The Secretary is authoritative leader of the Ministry and is the most senior official (BS-
22) of the Federal Government. He helps the Federal Minister in defining arrangements and in
running organization. He presents his recommendations to the Prime Minister through his
Minister and tells the equivalent after endorsement. He oversee the Division, the Attached
offices, subordinate workplaces and self-sufficient and semi-self-sufficient guidelines.

ii. Additional Secretary:

Additional Secretary is regulatory leader of the Division and is the senior official (BS-
21) of the Federal Government. He helps the Minister for State in arrangement plan and
dynamic. He presents his proposition to the Prime and tells the equivalent, after the
endorsement. He plays out his obligations, which a Secretary acts in his Ministry. At the
point when he fills in as a subordinate to Secretary, he follows his heading.
iii. Joint Secretary:
Joint Secretary is an official (BS-20) of Federal Government. He is junior to Additional
Secretary. He helps the Additional Secretary and passes on his requests to the
subordinates. He advances the reports of the subordinates. He is incharge of a wing and is
liable for its appropriate working.
iv. Deputy Secretary:
Deputy Secretary is an official (BS-19) of Federal Government. He is a lesser
authority among the part. He gets orders from above and sends to the Section Officers. He
gets reports from Section Officers and sends it to the Joint Secretary. He neither chooses
nor helps in actualizing the choices. He just directs the specialists of his Branch.
v. Under Secretary:
A branch generally consists of two sections and is under the charge of an Under
Secretary. The Under Secretary is also known as branch officer. An Under Secretary is an
executive government official who acts as a senior administrator to a Cabinet Minister.
vi. Section Officer:
The Section Officer is an official (BS-17 or BS-18) of Federal Government. He is
incharge of his area and regulates the day by day schedule of the segment. He executes the
sets of high ups and administers his staff.
Tiers of Pakistan:

Pakistan is a federal republic with three categories of tiers of government, national, provincial
and local. Both urban and rural local government have two or three tiers in all provinces except
Khyber Pakhtunkhwa. The diagram below outlines the six tiers of government:

Country
 
(i.e. Pakistan)

           

Province
   
(e.g. Punjab Province)

           

Division
   
(e.g. Gujranwala Division)

           

District
   
(e.g. Sialkot District)

           

Tehsil
   
(e.g. Sialkot Tehsil)

           

    Union Council
 (e.g. Pakki Kotli UC)

Current administrative units of Pakistan:

English Density(per
Capital Emblem Flag Population(2017) Area(km²)
name km²)

Azad Jammu
Muzaffarabad 4,045,366 13,297 223.55
and Kashmir

Balochistan Quetta 12,344,408 347,190 37.91

Gilgit-Baltistan Gilgit 2,000,000 64,817 26

Khyber
Peshawar 35,525,047 101,741 349.17
Pakhtunkhwa

Punjab Lahore 110,012,442 205,344 535.74

Sindh Karachi 47,886,051 140,914 339.82

 English Density(per
Capital Emblem Flag Population(2017) Area(km²)
name km²)

Pakistan Islamabad 214,261,409 874,209 223.79

Provincial Governments and their Functions:

The organization and functioning of provincial governments resemble the Federal

Government. There are four provincial governments that rule the four provinces of the state.
All provincial assemblies are unicameral, elected for five years. There are provincial secretariats,
attached departments, subordinate offices and autonomous and semi-autonomous institutions
at provincial level, and they function like the offices of Federal Government. The provincial
governments have the jurisdiction over education, health, agriculture, provincial taxes,
communication and many other departments. The organization of the Provincial Government is
as under:

i. Governor:
A Governor in Pakistan is the appointed Head of State of a province. The
Provincial Governor is appointed by the President of Pakistan, on the advice of the
Prime Minister till the pleasure of the President. The Governor's tenure lasts for five
years. He can summon the session of the Provincial Assembly, or address it or
dissolve it on the advice of the Chief Minister. He issues ordinances, if they are
needed.
ii. Chief Minister:
A Chief Minister is the elected head of government of a province in Pakistan.
The chief minister is elected by the provincial assembly, and is the leader of the
provincial executive for the term of five years. The Chief Minister controls the
organization of the territory through the Chief Secretary and improves its working.
 He is leader of his Cabinet, which is established by his own will and is answerable for
Law and Order of the Province. He directs the enactment of the Assembly.
iii. Cabinet:
There is a Provincial Cabinet in each province, whose individuals are assigned
by the Chief Minister. Each Minister is the leader of his individual division and
functions as a contact between the Chief Minister and the office. He advises the
Chief Minister about the arrangements and activities of the office and being a
political leader of the office, he is responsible before him.
iv. Chief Secretary:
The Chief Secretary is an administrative head of the province, who is the
senior most member of Bureaucracy. He is Secretary of the Provincial Cabinet and is
responsible for the implementation of its decisions.
The Chief Secretary is the Chairman of the Committee of secretaries, and
reviews their working and issues directions to them off and on. He remains aware
about the activities of all departments. The Secretary of each department is the
subordinate of the Chief Secretary and accountable to him for his working.
v. Secretary:
Secretary is an administrative head of the respective department. He is an
officer of BS-20. He works as a special assistant to Minister and advises him in policy
making, provides information about working of department, makes sure the
implementation of programmes & policies of the government and prepares
summaries for Chief Minister.
vi. Additional Secretary:
Additional Secretary (BS-19) is an assistant of Secretary and is responsible
for working of his wing. He supervises the subordinate staff and performs all those
duties, which are assigned by the Secretary.
vii. Deputy Secretary:
 Deputy Secretary (BS-18) is the head of the Branch. He does not participate
in decision making, but only receives orders from above and sends to the Section
Officer for implementation.
viii. Section Officer:
Section Officer (BS-17 or BS-18) is the head of his Section. He implements
the orders of Secretary or Additional Secretary and reports to Deputy Secretary in all
matters of Section.

Local Governments with reference to Devolution Plan 2001:

General Pervaiz Musharaf, after taking over the government on October 12, 1999
promised to bring drastic changes in Local Government system, so that the power could be
transferred to the people at lowest level. He held the elections of local governments in phases
from Dec. 2000 to Aug. 2001 and introduced the system on August 14, 2001.The system is of
three tiers comprising District governments, Tehsil or Town governments and Union Council
governments. Detail is given below:

i. District:
A district is the first tier of local government. In total there are 149 districts in
Pakistan, of which several are city districts. A District Government and Zillah Council
form the governing body with the District Coordination Officer serving as the
administrative head. The District Governor or Zila Nazim used to be the executive
head of districts until 2010, when the government shifted power to the District
Coordination Officers. Their role is similar to district governors, with responsibility
for implementing government strategy and developing initiatives arising out of it.
ii. Tehsil:
Among the three tiers of local government, Tehsil government is second tier of
it. It is where the functions, responsibilities and authorities of districts government is
divided into smaller units, these units are known as "Tehsil". The Tehsils are used in
all over the Pakistan except Sindh province where the word "Taluka" is used instead,
 although the functions and authorities are same. The head of the Tehsil government
is "Tehsil Nazim". Every tehsil has a Tehsil Municipal Administration, consisting of a
Tehsil council, Tehsil Nazim, Tehsil Municipal Officer(TMO), Chief officer and other
officials of local council.
iii. Union Council:
Members of Union Council including Union Administrator and Vice Union
Administrator are elected through direct elections based on adult franchise and on
the basis of joint electorate. However, for the election to the reserved seats for
Women in Zila Council proportionately divided among Tehsils or Towns shall be all
members of the Union Councils in a Tehsil or Town. It approves the annual
development plans and sanctions budgets.
2. The Parliament:
The Parliament of Pakistan, literally "Pakistan advisory council" or "Pakistan
consultative assembly" is the federal and supreme legislative body of Pakistan. It is a
bicameral federal legislature that consists of the Senate as the upper house and the
National Assembly as the lower house. According to the constitution of the Islamic
Republic of Pakistan, the President of Pakistan is also a component of the Parliament.
According to Article 50 of the Constitution, the National Assembly, the Senate and the
President together make up a body known as the Majlis-e-Shoora (Council of Advisers).

Parliament
 The Senate secretariat is located in the east wing of the Parliament Building; the
National Assembly convenes in the west wing of the same building.

a) The President of Pakistan:

The President of Pakistan is the head of state of the Islamic

Republic of Pakistan and the Commander-in-Chief of the Pakistan Armed Forces, per the
constitution of Pakistan and a leader of the nation.

The President is kept informed by the Prime Minister on all the matters of
internal and foreign policy as well as on all legislative proposals. Constitution of Pakistan vest
the President the powers of granting the pardons, reprieves, and the control of the military;
however, all appointments at higher commands of the military must be made by President on a
"required and necessary" on consultation and approval from the Prime Minister. In addition,
the constitution prohibits the President from exercising the authority of running the
government. The president is indirectly elected by the Parliament of Pakistan through the
Electoral College for a five-year term.

President’s Secretariat:

The Aiwan-e-Sadr or Presidential Palace is the official residence and workplace of the
President of Pakistan. The administrative head of Aiwan-e-Sadr is the Principal Secretary to the
President of Pakistan. Aiwan-e-Sadr is located in northeastern Islamabad on Constitution
Avenue between the Parliament Building and the Cabinet block of the Pakistan Secretariat.
 b) The Senate:
Senate of Pakistan or Upper House is the upper legislative chamber of the bicameral
legislature of Pakistan. The Senate is a permanent legislative body with equal
representation from each of the four provinces, elected by the members of their
respective provincial assemblies. There are representatives from the Federally
Administered Tribal Areas (FATA) and from Islamabad Capital Territory. The upper
house or Senate comprises 104 members. Each of the for provinces are represented

Senate

by 23 senators regardless of population, while the Federally Administered Tribal Areas and
Islamabad Capital Territory are represented by eight and two senators respectively, all of whom
serve staggered six-year terms.Half of the senators retire after three years and are replaced by
new members, whereas senators from Islamabad and Tribal Areas are elected by National
Assembly. The Senate has several exclusive powers not granted to the National Assembly.
 c) National Assembly of Pakistan:

The National Assembly is the lower legislative house of the

bicameral Majlis-e-Shura. The National Assembly is a democratically elected body
consisting of a total of 336 members, before 25th amendment they used to be 342'
who are referred to as Members of the National Assembly (MNAs), of which 272 are
directly elected members and 70 reserved seats for women and religious minorities.
A political party must secure 137 seats to obtain and preserve a majority. Members
are elected through the first-past-the-post system under universal adult suffrage,
representing electoral districts known as National Assembly constituencies.
According to the constitution, the 70 seats reserved for women and religious
minorities are allocated to the political parties according to their proportional
representation. Each National Assembly is formed for a five-year term, commencing
from the date of the first sitting, after which it is automatically dissolved. Currently
the National Assembly cannot be dissolved by the President of Pakistan; it is
dissolved by the Prime Minister of Pakistan.

Functions of Parliament:

The Parliament performs the following functions:

 Legislation
 Supervision of Executive
 Financial Accountability
 Judicial
 Electoral
 Amendment in the Constitution
 a) Legislation:
Parliament legislates laws for the country. Both houses have the equivalent forces
for legislation, for instance, on the off chance that one bill is passed by one house, it
goes to the second for endorsement and the other way around.

Powers and Limitations:

The Assembly is empowered to make laws such as criminal, criminal procedure,

evidence and any matter. It cannot, however, make any law which is

 Repugnant to the injunctions of Islam as down in the Holy Quran and the Sunnah
 Repugnant to any provision of the Constitution
 Violation or contravening to any fundamental rights
 Not in consonance with the Principles of Policy
b) Supervision of Executive:
Parliament controls the executive. The Prime Minister and his Cabinet are
responsible before the Parliament. They offer the responses of the inquiries exclusively
or by and large during the inquiry hour. Various parliamentary tools provided in the
Rules of Procedure and the Conduct of the Business provide for obtaining necessary
information about the working of the Government departments, overseeing the
government and making recommendations on matters of public importance.
c) Financial Accountability:
The National Assembly exercises its control over the financial affairs in two ways
i.e. consideration as well as approval of budget and consideration of the reports of the
Auditor General of Pakistan by Public Accounts Committees.
Pre-Budget Discussion:
The National Assembly holds discussion and invites proposals from the members
for the year’s budget. The proposals are sent to the government. The government
cannot spend a penny without the approval of the Parliament.
Passing of Budget:
 The government is required to lay a statement of the estimated receipts and expenditure
of the government, known as the Annual Budget. The National Assembly considers it in two
stages:

 Discussion and voting on demands for grants including voting on motions for reduction,
if any
 Discussion on recommendations of the Senate
d) Judicial Function:
The both houses of the Parliament can fix the limit of judges of the Supreme Court
and can give approval for other matters regarding their service.

e) Electoral Functions:
The both houses of the Parliament elect the President. The National Assembly
elects the Prime Minister, Speaker and Deputy Speaker and likewise the Senate elects
the Chairman and Deputy Chairman.
f) Amendment in the Constitution:
The both houses of the Parliament can introduce an amendment in the
Constitution, in joint session or in separate sessions with two-third majority of total
membership.

Provincial Assemblies:
There are four Provincial assemblies according to the Constitution of Pakistan.
The membership of the Provincial Assembly is determined according to the population.
Each Provincial Assembly shall consist of general seats and seats reserved for women
and non-Muslims as specified herein below:

Provinces General seats Women Non-Muslims Total

Balochistan 51 11 3 65

Khyber 115 26 4 145

 Pakhtunkhwa

Punjab 297 66 8 371

Sindh 130 29 9 168

The members are elected directly by the people, while women and minorities seats are
allocated according to the strength of votes secured by the political parties in the general
elections.

Powers and Functions:

According to the Constitution, the Provincial Assemblies are responsible for the
following:

i. Legislation:
The Provincial Assembly is empowered to make laws for the province with
respect to criminal law, criminal procedure, evidence and any matter not
enumerated in the Federal Legislative List. It cannot, however, make any law that is
repugnant to the injunctions of Islam as laid down in the Holy Quran and the
Sunnah, which is repugnant to any provision of the Constitution, inconsistent with a
federal law, violates or contravenes any fundamental rights or is not in consonance
with the Principles of Policy.
ii. Financial Powers:
Financial accountability like, legislating spending, including passing the annual
and supplementary budgets of the provinces. The Provincial Government cannot
impose or withdraw any tax without the approval of the Provincial Assembly.
iii. Executive Powers:
Provincial Assembly elects the Speaker, Deputy Speaker and Chief Minister. The
Provincial Assembly can ask the Provincial Government about its performance and
 policies. If it passes the bill of no-confidence against the officer at fault, then he has
to resign from his post.
iv. Miscellaneous:
It has the power to ratify any Ordinance, issued by the Provincial government.
According to the 18th amendment, provinces are now granted power and autonomy
to establish local government systems and transfer political, administrative and
financial responsibility and authority to elected representatives. It also increased the
administrative and financial autonomy of the provinces.

3. The Jurisdiction:

The judiciary of Pakistan is a hierarchical system with two

classes of courts: the superior (or higher) judiciary and the subordinate (or lower)
judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the
Federal Shariat Court and five High Courts, with the Supreme Court at the apex. The
Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve,
protect and defend the constitution. The disputed regions of Azad Kashmir and Gilgit-
Baltistan have separate court systems. Some Federal and Provincial Courts and tribunals
such as Services Court, Income Tax & Excise Court, Banking Court and Boards of
Revenue's Tribunals are established in all provinces as well.
a) Supreme Court of Pakistan:
The Supreme Court (SCOP), established in 1956, is the apex court in Pakistan's
judicial hierarchy, the final arbiter of legal and constitutional disputes.
 Supreme Court
It has a permanent seat in Islamabad as well as branch registries in Lahore,
Peshawar, Quetta and Karachi. The court consists of a Chief Justice and sixteen other
judges. The Chief Justice of the Supreme Court is appointed by the President; the
other Supreme Court judges are appointed by the President after consultation with
the Chief Justice. The Chief Justice and other Judges of the Supreme Court may
remain in office until age of sixty-eight years. The Supreme Court Judges are
supervised by the Supreme Judicial Council.

Powers of Supreme Court:

 The Supreme Court of Pakistan has the original jurisdiction in cases, which are between
the centre and the provinces or between one province and the other.
 The Supreme Court has the appellant jurisdiction against the decisions of all the High
Courts.
 Through several periods of military rule and constitutional suspensions, the court has
also established itself as a de facto check on military power and suo moto power to try
Human Rights matters.
 The President of Pakistan can seek advice from Supreme Court on any matter of national
importance and it can recommend the names for Chief Justices of all high courts to the
President for appointment.
b) Federal Shariat Court of Pakistan:
 The Federal Shariat Court (FSC) of Pakistan is a court which
has the power to examine and determine whether the laws of the country comply with
Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after
consulting the Chief Justice of this Court. Of the 8 judges, 3 are required to be Ulema
who are well versed in Islamic law. The judges hold office for a period of 3 years, which
may eventually be extended by the President. The decisions of the court are binding on
the High Courts as well as subordinate judiciary. If any part of the law is declared to be
against Islamic law, the government is required to take necessary steps to amend such
law appropriately. The court also exercises revisional jurisdiction over the criminal
courts, deciding Hudood cases. The decisions of the court are binding on the High Courts
as well as subordinate judiciary. The court appoints its own staff and frames its own
rules of procedure.

c) Provincial and High Courts:

Currently all four provinces; Punjab, Sindh, Khyber Pakhtun Khwah

and Baluchistan have High Courts. After the approval of 18th Constitutional
Amendment in April 2010, a new High Court is established at Federal Capital
Islamabad with the name of Islamabad High Court. Judges appointments are
proposed by a Parliamentary Commission.

d) District & Sessions Courts:

 District courts exist in every district of each province, and have civil and
criminal jurisdiction. District & Sessions Judge has executive and judicial power all
over the district under his jurisdiction.
In addition, there are special courts and tribunals to deal with specific kinds of
cases, such as drug courts, commercial courts, labor courts, traffic courts, an
insurance appellate tribunal, an income tax appellate tribunal, and special courts for
bank offences. There are also special courts to try terrorists. Appeals from special
courts go to high courts except for labor and traffic courts, which have their own
forums for appeal. Appeals from the tribunals go to the Supreme Court.
e) Ombudsman / Mohtasib:
A further feature of the judicial system is the office of Mohtasib, which is
provided for in the constitution. The office of Mohtasib was established in many
early Muslim states to ensure that no wrongs were done to citizens. Appointed by
the president, the Mohtasib holds office for four years; the term cannot be extended
or renewed. The Mohtasib's purpose is to institutionalize a system for enforcing
administrative accountability, through investigating and rectifying any injustice done
to a person through maladministration by a federal agency or a federal government
official. The Mohtasib is empowered to award compensation to those who have
suffered loss or damage as a result of maladministration. This institution is designed
to bridge the gap between administrator and citizen, to improve administrative
processes and procedures, and to help curb misuse of discretionary powers.
f) Civil Judge Cum Judicial Magistrates' Courts:
In every town and city, there are numerous Civil and Judicial Magistrates' Courts. A
Magistrate with the powers of section 30 of Criminal Procedure and has the
jurisdiction to hear all criminal matters other than those which carry the death
penalty (such as attempted murder, dacoity, robbery, extortion, etc.).