Muhammad Hassaan Ansari-16999

BLAW ASSIGNMENT 2

Q1. Outline the basis of legal system and explain some of the main sources of law in
Pakistan.

Since independence, Pakistan had 3 constitutions. The first was approved in 1956, which was
later abrogated in 1958. Later in 1962, a new constitution was established, and finally the third
and current constitution was drafted by the government of Pakistan People’s Party in 1973.
Constitution of Pakistan is derived from English common law and being and Islamic state, by
Islamic law (Shariah). The Constitution also encapsulates provisions stipulating the legal
system's compliance with Islamic injunctions contained in the Quran and Sunnah. The State
consists of three organs, the legislature, the executive, and the judiciary. Legislature makes the
law, executive executes the law, while judiciary interprets the law. This legislature is elected by
the voting population of the country.

Parliament ( President, National Assembly, and Senate) legislates in relation to Federation and
the Provincial Assemblies legislate in relation to the provinces. Additionally, the legal system
consists of a structure of courts formed with Supreme court of Pakistan at the top and followed
by Federal Shariah courts. Our country also has high courts and subordinate courts as part of the
legal system.

Some of the main sources of law in Pakistan are legislation and custom.

Q2. List down some of the differences between ‘Statute’ and an ‘Ordinance’. Furthermore,
list down any four functions of the Parliament in context of its legislative role and briefly
explain them in your own words.

A statute is a formal written enactment of a legislative authority that governs the legal entities of
a city, state, or country by way of consent. Typically, statutes command or prohibit something, or
declare policy. Statutes are rules made by legislative bodies; they are distinguished from case
law or precedent, which is decided by courts, and regulations issued by government agencies.
 Muhammad Hassaan Ansari-16999

Ordinance is a law passed by the President In lieu of Parliament in situations of emergency when
it deems necessary to take an immediate action when the National Assembly is not in session.
According to article 89 of Pakistan’s Constitution, ordinances must be laid before either house of
Parliament to be extended or passed as law by both Houses of Parliament. Failure to do so will
result in their lapse. Once an extension has been made, moreover, it can only be made once
more. (The Constitution of the Islamic Republic of Pakistan, supra, art. 89(2)(a)(ii).) If an
ordinance is not presented before National Assembly after 120 days of its promulgation, it may
be considered null/void.

Legislative Functions of Parliament:

1. In the formation of the Cabinet the major portion (75%), goes to National Assembly
while the rest (25%) are taken from the Senate.
2. There is a democratic procedure to remove the Prime Minister from his office if he loses
confidence of the majority of the members of the National Assembly. In this respect a
resolution for a vote of no-confidence is moved by not less than 20% of the total
membership of the National Assembly. If the resolution is passed by majority of the total
membership of the National Assembly, the Prime Minister immediately relinquished
powers.
3. In case emergency is proclaimed, the Parliament holds the authority to extend the term of
the National Assembly. Under the Constitution, the Parliament may also, on the request
of the Federal Government, by law, confer functions upon officers or authorities
subordinate to the Federal Government.
4. If the Bill, transmitted to the other House, is not passed within ninety days or rejected, it
shall be considered in a joint sitting to be summoned by the President on the request of
the House in which the Bill was originated. If the Bill is passed in the joint sitting, with or
without amendments, by the votes of majority of the members of the two Houses, it shall
be presented to the President for assent.