Constitutional Law

CONSTITUTIONAL LAW
Constitutional law is the body of law which defines the relationship of different entities within a
state, namely, the executive, the legislature, and the judiciary.
Not all nation states have codified constitutions, though all such states have a jus commune, or law
of the land, that may consist of a variety of imperative and consensual rules. These may include
customary law, conventions, statutory law, judge-made law or international rules and norms.
Functions of constitutions
1. State and legal structure
2. Human rights
3. Legislative procedure
1. State and legal structure
Constitutional laws may often be considered second order rulemaking or rules about making rules to
exercise power. It governs the relationships between the judiciary, the legislature and the executive
with the bodies under its authority. One of the key tasks of constitutions within this context is to
indicate hierarchies and relationships of power. For example, in a unitary state, the constitution will
vest ultimate authority in one central administration and legislature, and judiciary, though there is
often a delegation of power or authority to local or municipal authorities. When a constitution
establishes a federal state, it will identify the several levels of government coexisting with exclusive
or shared areas of jurisdiction over lawmaking, application and enforcement.
2. Human rights
Human rights or civil liberties form a crucial part of a country's constitution and govern the rights of
the individual against the state. Most jurisdictions, like the United States and France, have a codified
constitution, with a bill of rights. A recent example is the Charter of Fundamental Rights of the
European Union which was intended to be included in the Treaty establishing a Constitution for
Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of
Human Rights under the UN Charter. These are intended to ensure basic political, social and
economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens
but many do include its governments.
Department Of Public Administration

Shah Abdul Latif University Khairpur Page 1
3. Legislative procedure
Another main function of constitutions may be to describe the procedure by which parliaments may
legislate. For instance, special majorities may be required to alter the constitution. In bicameral
legislatures, there may be a process laid out for second or third readings of bills before a new law
can enter into force. Alternatively, there may further be requirements for maximum terms that a
government can keep power before holding an election.
ADMINISTRATIVE LAW:-
Administrative law is the body of law that governs the activities of administrative agencies of government.
Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory
agenda. Administrative law deals with the decision-making of administrative units of government.
Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created
more government agencies to regulate the increasingly complex social, economic and political spheres of
human interaction.
Constitutional Law and Administrative Law
Similarities
 Both Constitutional Law and Administrative Law are Public Law.

 Both have the same source of law.
Differences
 Constitutional Law deals with the organization and functions of Government at rest while
Administrative Law deals with the organization and functions of Government in motion.
 Constitutional Law deals with broader rules that regulate the functions while Administrative
Law deals with the details of the functions - Garner.
According to Jennings- administrative law deals with the organization, functions, powers and duties of
administrative authorities while constitutional law deals with the general principles relating to the
organization and powers of the various organs of the state and their mutual relationship of these organs
with the individuals. In other words, constitutional law deals with fundamentals while administrative law
deals with details.
Actually the distinction between the two is one of degree, convenience and custom rather than that of logic
and principle. However, according to Holland, “Constitutional law describes the various organs of the
government at rest, while administrative law describes them in motion”
Politics - how is the government run?
Dictatorship Totalitarian Theocracy Monarchy Parliamentary Republic Anarchy

(Iraq) (China) (Iran) (Jordan) (Israel) (USA) (Afghanistan?)
Rule by a single Rule by aA form of A monarchy A parliamentary A republic is led Anarchy is a

leader who has single government has a king system is led by by situation where
not been political where the or queen, representatives representatives there is no
elected and party. rulers claim who of the people. of the voters. government.
may use force People are to be ruling sometimes Each is chosen Each is This can happen
to keep control. forced to do on behalf of has as a member of individually after a civil war
In a military what the a set of absolute a political party chosen for a set in a country,
dictatorship, the government religious power. and remains in period of time. when a
army is in tells them ideas, or as Power is power as long government has
control. Usually, and may also direct agents passed as his/her party been destroyed
there is little or be prevented of a deity. along does and rival groups
no attention to from leaving through the are fighting to
public opinion the country. family take its place.
or individual
rights.

Authority - who picks the government?

Revolutionary
Totalitarian Oligarchy/Plutocracy Democracy
(USA, France, USSR
(North Korea) (Pakistan) (India)
etc)
The existing structure Rule by a single A form of government which In a democracy,

is overthrown by a political party. consists of rule by an elite the government
completely new Votes for group who rule in their own is elected by the
group. The new group alternative interests, especially the people.
can be very small - candidates and accumulation of wealth and Everyone who is
such as the military - parties are simply privilege. Only certain eligible to vote -
or very large - as in a not allowed. members of society have a which is a
popular revolution. Citizens are valid voice in the government. majority of the
After a period of time, allowed and This can reflect (but is not population - has
this 'becomes' one of 'encouraged' to limited to) economic interests, a chance to have
the other type of vote, but only for a particular religious tradition their say over
government (unless the government's (theocracy), or familial rule who runs the
there is another coup chosen (monarchy). country.
or uprising). candidates.
ABOUT PAKISTAN
The Islamic republic of Pakistan emerged as an independent sovereign state on 14th August 1947,
as a result of the division of former British India. It lies between 23-35 to 37- 05 north latitude and

60-50 to 77- 50 east longitude touching the Hindu Kush Mountains in the north and extending from
the Pamirs to the Arabian Sea.
Pakistan covers 796,095 sq.km with a population of 132.35 million according to population census
1998.
The country of Pakistan is divided into four provinces and one capital territory for local
administration (as well as several federally administered tribal areas). The following is a list of
Pakistan's provinces and territory, arranged by land area. For reference, population and capital cities
have also been included.
Capital Territory
1) Islamabad Capital Territory
 Land Area: 906 sq km

 Population: 805,235
 Capital: Islamabad
Provinces
1) Balochistan (approximately 44% of its total land mass, but in terms of population, its the smallest
occupied province of Pakistan.)
 Land Area: 347,190 sq km

 Population: 6,565,885
 Capital: Quetta
2) Punjab (approximately 55.06% of the country's total population)

 Capital: Lahore

3) Sindh

 Capital: Karachi
4) Khyber-Pakhtunkhwa

 Capital: Peshawar
Gilgit–Baltistan
Gilgit–Baltistan formerly known as the Northern Areas is the northernmost political entity within Pakistan. It
borders Pakistan's Khyber Pukhtunkhwa province to the west, Afghanistan's Wakhan Corridor to the north,
Gilgit Baltistan (formerly known as the Northern Areas) of Pakistan, is a self governed region in the north of
Pakistan. It is governed through a representative Government and an independent judiciary.
Gilgit Baltistan is home to one of the most diverse socio cultural geography in the world. It has rightly been
called the Roof of the World, the Wonderland of Asia and the Jewel of Pakistan.
The territory of present-day Gilgit–Baltistan became a separate administrative unit in 1970 under the name
Northern Areas,
It presently consists of nine districts, has a population approaching one million, an area of approximately
28,000 square miles (73,000 km2), and shares borders with Pakistan, China, Afghanistan, and India. In 1993,
an attempt was made by the High Court of Azad Jammu and Kashmir to annex Gilgit–Baltistan but was
quashed by the Supreme Court of Pakistan after protests by the predominantly Shia population of Gilgit–
Baltistan, who feared domination by the Sunni Kashmiris.
While administratively controlled by Pakistan since the first Kashmir war, Gilgit–Baltistan has never been
formally integrated into the Pakistani state and does not participate in Pakistan's constitutional political
affairs.
On August 29, 2009, the Gilgit–Baltistan Empowerment and Self-Governance Order 2009, was passed by the
Pakistani cabinet and later signed by the President of Pakistan. The order granted self-rule to the people of
Gilgit–Baltistan, by creating, among other things, an elected Gilgit-Baltistan Legislative Assembly and Gilgit-
Baltistan Council.

ADMINISTRATIVE DIVISIONS OF GILGIT BILTISTAN
Gilgit–Baltistan is administratively divided into two divisions which, in turn, are divided into nine
districts,[22] consisting of the four Baltistan districts of Skardu, Shigar, Kharmang, and Ghanche, and
the five Gilgit districts of Gilgit, Ghizer, Diamir, Astore, and Hunza-Nagar. The principal
administrative centers are the towns of Gilgit and Skardu.
Division District Area (km²) Population (1998) Capital
Baltistan Ghanche 9,400 165,366 Khaplu
Skardu 8,000 214,848 Skardu
Shigar 8,500 109,000 Shigar
Kharmang 5,500 188,000 Tolti
Gilgit Gilgit 16,300 283,324 Gilgit
Diamer 10,936 131,925 Chilas
Ghizer 9,635 170,218 Gahkuch
Astore 8,657 121,666 Eidghah
Hunza-Nagar 20,057 112,450 Aliabad
Governor: - Pir Karam Ali Shah
Chief Minister:- Syed Mehdi Shah
AZAD JAMMU AND KASHMIR (AJK)
Azad Jammu and Kashmir (AJK) is a self-governing state under Pakistani control but is not constitutionally
part of Pakistan. It has its own elected president, prime minister, legislature, high court, and official flag. The
government of Pakistan has not yet allowed the state to issue its own postage stamps, however, and Pakistani
stamps are used in the state instead. Azad Kashmir has it own Judiciary as well with Khawaja Shahad Ahmad
as its present Chief Justice.

BACKGROUND OF CONSTITUTIONS OF PAKISTAN
Pakistan became independent from British India in 1947, following its partition. The first document
that served as a constitution for Pakistan was the Government of India Act, 1935. The first Pakistani
Constituent Assembly was elected in 1947 and after nine years adopted the first indigenous
constitution, the short-lived Constitution of 1956.
1ST MARTIAL LAW(Ayub khan)
In October 1958, President Iskander Mirza staged and abrogated the constitution. Shortly
afterwards General Ayub Khan deposed Iskandar and declared himself president. In 1960 Ayub
Khan appointed a commission to draft a new constitution . The new Constitution of 1962 was
decreed by President Ayub in March of that year.
2ND MARTIAL LAW(Yahya khan)
On 25 March 1969 the Second Martial Law was imposed; President Ayub Khan abrogated the 1962
constitution and handed over power to the Army Commander-in-Chief, General Agha Mohammad
Yahya Khan.
General Yahya's regime made no attempt to frame a constitution . The expectations were that a new
constituent assembly would be set up by holding a free and fair election. In order to hold the
proposed elections, President Yahya Khan promulgated a Legal Framework Order on 30 March
1970 that also spelled out the fundamental principles of the proposed constitution and the structure
and composition of the national and provincial assemblies.
In December, 1970 elections were held simultaneously for both the national and five provincial
assemblies.Under the Legal Framework Order, the President was to decide when the Assembly was
to meet. Once assembled it was to frame a new constitution within 120 days or stand dissolved
1973 CONSTITUTION
After gaining power, Zulfiqar Ali Bhutto invited the leaders of the parliamentary parties to meet him
on 17 October 1972, which resulted in an agreement known as the 'Constitutional Accord', after an
intensive discussion. As per consultations floated by PPP, the National Assembly of Pakistan
appointed a committee, of 25 members, on 17 April 1972, to prepare a draft of the permanent
Constitution of Pakistan.

The Assembly passed the bill nearly unanimously on 19 April 1973 and endorsed by the acting
President Zulfikar Ali Bhutto on 12 April 1973. The Constitution came into effect from 14 August
1973. On the same day, Bhutto took over as the Prime Minister and Choudhary Fazal-e-Elahi as the
President of Pakistan.
3RD MARTIAL LAW(Zia-ul-Haq)
On April 1, 1976, in a surprise move the then Prime Minister of Pakistan, Zulfiqar Ali Bhutto, appointed Zia-
ul-Haq as Chief of Army Staff, superseding five senior Generals.History proved that General Zia-ul-Haq
proved to be much smarter than Bhutto thought. When political tension reached its climax due to the
deadlock between Bhutto and the leadership of Pakistan National Alliance on the issue of general elections,
Zia-ul-Haq took advantage of the situation. On July 5, 1977, he carried out a bloodless coup overthrowing
Bhutto’s government and enforced Martial Law in the country.
Zia-ul-Haq promised to hold National and Provincial Assembly elections in the next 90 days and to hand over
power to the representatives of the Nation. However, in October 1977, he announced the postponement of
the electoral plan and decided to start an accountability process of the politicians.
In the mid 80s, Zia-ul-Haq decided to fulfill his promise of holding elections in the country. But before
handing over the power to the public representatives, he decided to secure his position. Referendum was
held in the county in December 1984, and the masses were given the option to elect or reject the General as
the future President of Pakistan. The question asked in the referendum was phrased in a way that Zia-ul-
Haq’s victory was related to the process of Islamization in the country. According to the official result, more
than 95 percent of the votes were cast in favor of Zia-ul-Haq, thus he was elected as President for the next
five years.
CONSTITUTION OF PAKISTAN OF 1973

Salient Features of constitution
1. Written Constitution
Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a written document. It
is very comprehensive and consists of twelve parts consisting of 280 articles.
2. Rigid Constitution
It is a rigid constitution. No Government can change it at will. It is not easy to make amendments in
it. Two-third majority of both the Houses is required for this purpose.
3. Bicameral Legislature
The Constitution provides for the establishment of a bicameral legislature in Pakistan. The Majlis-e-
Shoora (Parliament) consists of two Houses named Senate and National Assembly. The Senate or
the Upper House consists of 63 members (the 8th Amendment has raised this number to 87). The
National Assembly consists of 200 members (Now this number has been raised to 207). The Majlis-
e-Shoora enjoys wide powers of legislature.
4. Parliamentary form of Government
The 1973 Constitution proposes a Parliamentary form of Government in the country. Prime minister
is the head of the Parliamentary system. He is leader of the Majlis-e-Shoora (Parliamentary). He is
elected on direct adult franchise basis. The Prime Minister selects a cabinet of central ministers from
the members of Parliament which conducts the affairs of the country. According to 1973
Constitution the Prime Minister enjoys wide powers.
5. Federal System
The Constitution of 1973 has introduced a Federal system in the country. The federation of Pakistan
consists of a Central Government and four Provincial Governments. The Federal Government is
headed by a President elected by members of Majlis-e-Shoora (Parliament)
6. Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of
Pakistan.
8. Direct Method of Election

The Constitution of 1973 gives a direct method of election. The members of the National Assembly,
the Provincial Assemblies are directly elected by the people.
9. Islamic System
The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented Islamic
character. It ensures an Islamic system in the country.
10. Principles of Policy
The Constitution of 1973 has set the following principles of policy:
 Local electoral bodies will be set up for solving local problems.

 The parochial and other prejudices shall be discouraged.
 The women shall be given full representation in all spheres of national life.
 Social justice shall be promoted.
 Bonds with Muslim world shall be strenghened.
11. Independence of Judiciary
The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full job
security has been provided. The judges are appointed by the President. They cannot be removed
from service before the end of their term except on the recommendation of the Supreme Judicial
Council. In addition the Judges are paid respectable salaries.
12. Fundamental Rights
The 1973 Constitution ensures the following fundamental rights to the citizens of Pakistan.
 Security of person
 Safeguard against unlawful arrest and detention
 Prohibition of slavery and forced labor
 Freedom of movement
 Freedom of assembly
 Freedom of association

 Freedom of business
 Freedom of speech
 Freedom of profess religion
 Right to hold property
 Equality before law
 Right to preserve language, script and culture
 Safeguard against discrimination in services.
13. National Language
The 1973 Constitution has declared Urdu as the national language of Pakistan. However English has
been retained as the official language for 15 years. Similarly regional languages have been provided
full protection.
14. Single Citizenship
The Constitution of 1973 has established the principles of single citizenship. According to this
principle the rights and duties of the citizens are determined by the Federal Constitution only. Thus
the people throughout Pakistan are citizens of Pakistan.
15. Rule of Law
The 1973 Constitution establishes rule of law in Pakistan. According to rule of law no person can be
deprived of his fundamental rights. All the citizens of Pakistan are equal before law.
15. High Treason
According to the Constitution of 1973 the act of unconstitutional abrogation of the Constitution has
been declared as an act of High Treason.
16. Referendum
The Constitution of 1973 has authorized the President to hold Referendum on any national issue.
Similarly the Prime Minister can ask the President to hold referendum on any important national
issue.

17. Introductory and the Objectives Resolution
It commences with an introductory which slates the Islam shall be state religion. The principles and
provisions set out in the Objectives Resolution have been made substantive part of the constitution.
COMPARISON AMONG THE CONSTITUTIONS 1956, 1962, AND 1973
Constitution of Constitution of Pakistan Constitution of Pakistan of 1973

Pakistan of 1956 of 1962
Salient Features Salient Features Salient Features
1)Written constitution 1) Written Constitution 1. Written Constitution

Constitution - This is a The Constitution of 1962 Like the previous constitutions of 1956
written and lengthy was a written document. It and 1962 the Constitution of 1973 is a
document. consisted of five schedules written document. It is very
and 250 articles. comprehensive and consists of twelve
parts consisting of 280 articles.
2) Rigid Constitution 2) Rigid Constitution This 2. Rigid Constitution
The constitution could is a rigid constitution. This It is a rigid constitution. No Government
only be amended is a rigid constitution can can change it at will. It is not easy to
through a process only be amended through a make amendments in it. Two-third
requiring the particular process. If an majority of both the Houses is required
amendment to be amendment to the for this purpose.
passed by at least a two- constitution is passed by at

thirds majority of the least two-third majority of
parliament and the parliament then it
authentication by the becomes a part of law after
President. authentication by the
President.
3) Federal System The 3) Federal System A 3. Federal System

constitution provides for a federal system was The Constitution of 1973 has introduced a
federal system in the Federal system in the country. The
introduced in the country. It
country. Powers was
consisted of a central federation of Pakistan consists of a

divided between the government and two Central Government and four Provincial
centre and the provinces. provincial government Governments. The Federal Government is
(East and west Pakistan) comprising East and West headed by a Prime Minister elected by
Pakistan. members of Majlis-e-Shoora (Parliament)
(East Pakistan=Bangladesh)
4) Parliamentary 4) Presidential forum of 4. Parliamentary form of Government
System - a Government President was The 1973 Constitution proposes a
parliamentary system the head Executive of the Parliamentary form of Government in the
was adopted, according nation. He was empowered country. Prime minister is the head of the
to it the president was to nominate the ministers of Parliamentary system. He is leader of the
the head of state and the his cabinet. Majlis-e-Shoora (Parliamentary). He is
Prime Minister the head elected on direct adult franchise basis.
of government The Prime Minister selects a cabinet of

central ministers from the members of
Parliament which conducts the affairs of
the country. According to 1973
Constitution the Prime Minister enjoys
wide powers.
5. Islamic Republic of 5. Republic of Pakistan - 5. Islamic Republic of Pakistan - The

Pakistan - The name of The name of the country name of the country was adopted as the
the country was adopted was adopted as the Republic Islamic Republic of Pakistan.
as the Islamic Republic of Pakistan.
of Pakistan.
6) Unicameral Legislature 6. Bicameral Legislature

6) Unicameral
The Constitution provides for the
Legislature
establishment of a bicameral legislature in
The legislature would Pakistan. The Majlis-e-Shoora
consist of a single (Parliament) consists of two Houses
house. Both the wings named Senate and National Assembly.
of the country were The Senate or the Upper House consists
given representation in of 63 members (the 8th Amendment has
the National Assembly. raised this number to 87). The National
The National Assembly Assembly consists of 200 members (Now
consisted of 300 this number has been raised to 207). The

members. 150 members Majlis-e-Shoora enjoys wide powers of
were drawn from each legislature.
wing.
7) Powers of President
7) Powers of President
The President - required According to the 1962
to be a Muslim of at Constitution the President
least forty years of age. should be a Muslim with the
The tenure of his office term of 5 years. He was
was five years. In case eligible to promulgate
of internal or external Ordinances and veto against
danger he could declare legislated laws only
a state of emergency in override-able by two/thirds
the country. He was of the National Assembly.
authorized to appoint However, the President was
the Governors, the not empowered to dissolve
Judges of the Supreme the Assembly except the
Court, Auditor General cost of his office also
8. Direct Method of Election
and the Advocate
8) Indirect Method of The Constitution of 1973 gives a direct
General.
Election The President was method of election. The members of the
elected by an Electoral National Assembly, the Provincial
College comprising 80,000 Assemblies are directly elected by the
Basic Democrats, equally people.
distributed between the two
provinces.
9. Islamic System
9) Islamic Law no law 9) Islamic Law No Law The inclusion of Islamic Provisions has
would be passed against would be passed against the
given the 1973 Constitution an
the teachings of the teaching of Quran and unprecedented Islamic character. It
Quran and Sunnah. Sunnah and the existing ensures an Islamic system in the country.
laws would be made Islamic
in character.
10.Free Judiciary - An 10. Independence of Judiciary

independent judiciary in 10) Role of Judiciary The The Constitution of 1973 stresses upon
the country. A Supreme Judiciary was responsible the establishment of an independent
Court interpreted the for the interpretation of laws judiciary. Full job security has been
constitution, advised the and executive orders in the provided. The judges are appointed by the
state whenever light of the principles President. They cannot be removed from
required, and decided emboided in a written service before the end of their term except
the issues whenever constitution. on the recommendation of the Supreme
required. Judicial Council. In addition the Judges
are paid respectable salaries.
12) Fundamental 9. Fundamental Rights

Rights included 12) Fundamental Rights The 1973 Constitution ensures the
freedom of movement, The constitution of 1962 following fundamental rights to the
freedom of speech and laid down fundamental citizens of Pakistan.
expression, freedom to rights of speech and
 Security of person
choose profession and expression, freedom to
 Safeguard against unlawful arrest
freedom to profess choose profession and
and detention
religion. Right to life, freedom to profess religion.
liberty, and property. With Regards to civil rights,  Prohibition of slavery and forced
familiar right such as the labor
rights of life, livery and
 Freedom of movement
property were granted.
 Freedom of assembly
 Freedom of association
 Freedom of business
 Freedom of speech
 Freedom of profess religion
 Right to hold property
 Equality before law
14) Language - Urdu &  Right to preserve language, script

Bengali were made 14) Language Urdu and and culture
national languages. Bengali were recognized as
 Safeguard against discrimination
National Languages.
in services.
12. National Language

The 1973 Constitution has declared Urdu
as the national language of Pakistan.
However English has been retained as the
official language for 15 years. Similarly
regional languages have been provided
full protection.
MAJLIS-E-SHOORA (PARLIAMENT)
The constitutional name of Pakistan’s parliament is “majlis-e-shoora”
Composition
The Parliament of Pakistan, according to the Constitution of 1973, is bicameral. Article 50 of the
Constitution clearly states that the Parliament of Pakistan consists of the President and two Houses
known as the National Assembly and the Senate.
1. NATIONAL ASSEMBLY OF PAKISTAN
National Assembly
The National Assembly has a total of 342 members, including 60 seats reserved for women and 10
for non-Muslims, as per Article 51. The seats in the National Assembly are allocated to each
Province, the Federally Administered Tribal Areas (FATA) and the Federal Capital on the basis of
population, as officially published in the last preceding census. The present allocation of seats is as
under:
Khyber Federal
Punjab Sindh Balochistan FATA Total
Pakhtunkhwa Capital
148 61 35 14 12 2 272
General

35 14 8 3 0 0 60
Women
-- -- -- -- -- -- 10
Non-Muslims
183 75 43 17 12 2 342
Total
POWERS OF NATIOANL ASSEMEBY
The Constitution which was passed unanimously by the National Assembly in April 1973, provides
a federal parliamentary system of government, with the President as the head of the State and an
elected Prime Minister as the head of the government. Under Article 50 of the Constitution the
federal legislature is the bicameral Majlis-e-Shoora (Parliament), which comprises the President and
the two Houses, the National Assembly and the Senate. The National Assembly, Pakistan's
sovereign legislative body, makes laws for the federation under powers spelled out in the Federal
Legislative List and also for subjects in the Concurrent List, as given in the fourth schedule of the
Constitution. Through debates, adjournment motions, question hour, and Standing Committees, the
National Assembly keeps a check on the government. It ensures the government functions within the
parameters set out in the Constitution, and does not violate the people's fundamental rights. The
Parliament scrutinizes public spending and exercises control of expenditure incurred by the
government through the work of the relevant Standing Committees. The Public Accounts Committee
has a special role to review the report of the Auditor General. Senate, the upper house of the
Parliament, has equal representation from the federating units balancing the provincial inequality in
the National Assembly, where the number of members is based on population of the provinces. The
Senate's role is to promote national cohesion and harmony, and work as a stabilizing factor of the
federation. The Senate numbers a total of 100 members who serve six-year terms which are
alternated so that half the senators are up for re-election by the electoral college every three years.
The National Assembly consists of 342 members. The Constitution empowers the President to

dissolve the National Assembly, but the Senate is not subject to dissolution. Only the Parliament can
amend the Constitution, by two-thirds majority vote separately in each House.
MEMBER'S QUALIFICATION
Basic qualifications of a Member of the National Assembly are:
 He should be citizen of Pakistan.

 Not less then 25 years of age.
 His name must has be enrolled as a voter in the electoral list.
 He should also fulfill the qualities provided in Article 62 and 63 of the Constitution of the
Islamic Republic of Pakistan.
The constitution also details a number of disqualifications in Article 63, which include mental
instability, insolvency, criminal conviction and accepting dual-citizenship or relinquishing their
Pakistani nationality, among others. Furthermore, an individual would stand disqualified if he or she
is found to have opposed Pakistan's ideology or worked against the integrity of the country, after its
establishment in 1947.
CONCURRENT LIST
The Constitution of Pakistan 1973 divided the legislative powers between the Centre and the
Provinces by delineating two legislative lists:
Schedule IV
i). Federal Legislative List [Part I (59 items & Part II (8 items)]
ii). Concurrent Legislative List (47 items)
In the Federal List, there were enumerated subjects on which the Federal Centre alone could
legislate. This list comprised two parts, which had 67 items.
The second legislative list, designated as the Concurrent List, had 47 items. On these items, both the
Centre and the provinces were entitled to legislate, but it was also laid down in the Constitution that
in case of conflict between the laws made by the Centre and a province with respect to a subject in
the Concurrent List, it was the federal law which was to prevail, no matter which of the two laws
were made first. This means that the Centre had actual competence not only over the subjects
specifically reserved for it, but also over those mentioned in the Concurrent Legislative List.
The residuary powers in matters not enumerated in Legislative Lists were left to the competence of
the provinces.

TENURE OF NA
The National Assembly is elected for a five-year term on the basis of adult franchise and one-man
one-vote. The tenure of a Member of the National Assembly is for the duration of the House, or
sooner, in case the Member dies or resigns. The tenure of the National Assembly also comes to an
end if dissolved on the advice of the Prime Minister or by the President in his discretion under the
Constitution.
FUNCTIONS OF NA
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-fourth of the Cabinet strength and
form 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.
SPEAKER AND DEPUTY SPEAKER
According to The Constitution
 (1) After a general election, the National Assembly shall, at its first meeting and to the
exclusion of any other business, elect from amongst its members a Speaker and a Deputy
Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the
Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.
 (2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make
before the National Assembly oath in the form set out in the Third Schedule.
 (3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his
functions due to any cause, the Deputy Speaker shall act as Speaker, and if, at that time, the
Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member
as may be determined by the rules of procedure of the Assembly shall preside at the meeting
of the Assembly.
 (4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when
a resolution for his removal from office is being considered.
 (5) The Speaker may, by writing under his hand addressed to the President, resign his office.
 (6) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his
office.
 (7) The office of Speaker or Deputy Speaker shall become vacant if:
1. (a) he resigns his office;
2. (b) he ceases to be a member of the Assembly;
3. (c) he is removed from office by a resolution of the Assembly, of which not less than seven
days' notice has been given and which is passed by the votes of the majority of the total
membership of the Assembly.
 (8) When the National Assembly is dissolved the Speaker shall continue in his office till the
person elected to fill the office by the next Assembly enters upon his office.
The Speaker of the House is the presiding officer of the National Assembly. The Speaker is assisted
by the Deputy Speaker. Both officers are elected from within the ranks of the National Assembly
and, by current convention, are usually members of the majority party. The election of the two
officers is the first matter an incoming National Assembly deals with, as mandated by the
constitution. Apart from presiding over National Assembly debates, the Speaker may also assume
the duties of Acting President, if the position is vacant.
The current Speaker of the House is Sardar Ayaz Sadiq, Deputy Speaker is Mr. Murtaza Javed
Abbasi, both are from the PML-N, and Opposition leader is Syed Khursheed Shah
SENATE OF PAKISTAN
The 1970 Assembly framed the 1973 Constitution which was passed on 12th April and promulgated
on 14th August 1973. The 1973 Constitution provides for a parliamentary form of Government with
a bicameral legislature, comprising of the National Assembly and the Senate. The membership of the
Senate, which was originally 45, was raised to 63 in 1977 and to 87 in 1985. The government of
Gen. Pervez Musharraf raised the membership of the Senate from 87 to 100 in 2002. The
membership of the Senate was raised from 100 to 104 in 2012.........
The Chairman of the Senate is Nayyar Hussain Bukhari (since 12 March 2012) and Sabir ali
bacloch is deputy chairman, and leader of opposition is Aitzaz ehsan (Since March 14, 2012)

PURPOSE AND ROLE
The main purpose for the creation of the Senate of Pakistan was to give equal representation to all
the federating units since the membership of the National Assembly was based on the population of
each province. Equal provincial membership in the Senate, thus, balances the provincial inequality in
the National Assembly.
The role of the Senate is to promote national cohesion and harmony and to prevent domination by
any one province because of its majority, in the National Assembly.
The Senate is a body which represents the provinces and territories of the country and promotes a
feeling of equality, peace and good understanding between them, which is essential for the growth
and prosperity of a nation. Thus, the Senate in Pakistan, over the years, has emerged as an essential
organ and a stabilizing factor of the federation.
There are one hundred and four senatorial seats. There are 18 women Senators; Pakistani
constitution requires that there be at least 17 women Senators.
Members of the Senate are elected according to Article 59 of the Constitution.
APPOINTMENT OF SENATOR
(1) The Senate shall consist of 104 members, of whom:
(a) 14 shall be elected by the members of each Provincial Assembly;
(b) eight shall be elected by direct and free vote from the Federally Administered Tribal
Areas, in such manner as the President may, by Order, prescribe;
(c) two on general seats, and one woman and one technocrat including aalim shall be elected
from the Federal Capital in such manner as the President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each Provincial
Assembly.
(f) one seat in the senate is reserved for minorities in each province."
(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the
system of proportional representation by means of the single transferable vote.

(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as
follows, shall be six years:-
(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the
expiration of the first three years and seven shall retire after the expiration of the next three
years.
(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after
the expiration of the first three years and four shall retire after the expiration of the next three
years;
(c) of the members referred to in paragraph (c) of the aforesaid clause,-
(i) one elected on general seat shall retire after the expiration of the first three years and the
other one shall retire after the expiration of the next three years, and
(ii) one elected on the seat reserved for technocrat shall retire after first three years and the
one elected on the seat reserved for woman shall retire after the expiration of the next three
years;
(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after
the expiration of the three years and two shall retire after the expiration of the next three
years; and
(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after
the expiration of the first three years and two shall retire after the expiration of the next three
years: Provided that the term of office of a person elected to fill a casual vacancy shall be the
unexpired term of the member whose vacancy he has filled.
PROCEDURES
1. Legislative procedures
The Bill relating to the Federal Legislative List can be originated in either House. If the House
passed the Bill through majority vote, it shall be transmitted to the other House. If the other House
passes it without amendment, it shall be presented to the President for assent.
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.
If the Bill is presented to the President for assent, he shall assent to the Bill in not later than ten
days.If it is not a Money Bill, the President may return the Bill to the Majlis-e-Shoora with a
message requesting that the Bill be reconsidered and that an amendment specified in the message be
considered. The Majlis-e-Shoora shall reconsider the Bill in a joint sitting.If the Bill is passed again,
with or without amendment, by vote of the majority of the members present and voting, it shall be
presented to the President and the President shall give his assent within ten days; failing which such
assent shall be deemed to have been given.
Under the Constitution, the Parliament may also legislate for two or more Provinces by consent and
request made by those Provinces. If the Federal Government proclaims State of Emergency in any
province, the power to legislate about that province is vested in the Parliament. But the Bills passed
by the Parliament during the State of Emergency, shall cease to be in force after the expiration of six
months from the date Emergency is lifted. Nevertheless, the steps already taken under these Acts
shall remain valid.
In exercises of its constitutional role, the Parliament also has other very important duties to
perform.The President, who is at the apex, is elected by members of both Houses of the Parliament
and the Provincial Assemblies. The Prime Minister, who heads the Cabinet and is meant to aid and
advise the President in his functions, belongs to the National Assembly. He enjoys the confidence of
the majority of the members of the National Assembly. Members of the Cabinet are appointed by the
President on the advice of the Prime Minister.
In the formation of the Cabinet the major portion (75%), goes to National Assembly while the rest
(25%) are taken from the Senate.
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.
Similarly, for the removal or impeachment of the President, not less than one-half of the total
membership of either House may give in writing its intention to do so, to the Speaker National
Assembly, or, as the case may be, to the Chairman Senate, for moving a resolution for the purpose.
In a joint sitting of the two Houses, convened for the purpose, and after the deliberations, if the
resolution is passed by the votes of not less than two-thirds of the total membership of the
Parliament, the President shall cease to hold office immediately on the passing of the resolution.
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.
PRESIDENT OF PAKISTAN
The candidate for the office of the President of Pakistan must be a Muslim, no less than 45 years old
and must meet the qualifications for a candidate of the National Assembly. the election of the
president is to be held no more than 30 days after the occurrence of the vacancy. Subsection 6
stipulates that the election of the president shall not be called into question by or before any court or
authority. Article 42 of the constitution says that the president must take oath before the chief justice
of Pakistan before taking office. The term of the office of the president is five years and a person
cannot hold office for more than two consecutive terms.
according to Article 44 Subsection 3, the president could resign by a handwritten letter addressed to
the speaker of the National Assembly. According to Article 49, if the president is unable to perform
his duties, then the chairman of the Senate, or if he is unable to act, then the speaker of the National
Assembly will be acting president until one is elected.
PRESIDENTIAL ROLE
The position of President in Pakistan is one of figurehead. Executive powers lie with the Prime
Minister. The President is the chairman of the National Security Council. (The prime-minister is
the vice-chairman). The president is commander-in-chief of the Pakistan armed forces.
Recommendations and approvals are given by the prime minister including appointment of the
chairman of the Joint Chiefs of Staff Committee as well as Chiefs of the Army, Navy, Air Force
and Colonel-Commandant Marines.
ELECTION OF PRESIDENT (Electoral College OF Pakistan)
The President of Pakistan is chosen by an electoral college, in Pakistan. According to article 41(3) of
the 1973 Constitution of Pakistan, this electoral college consists of
 Senate,
 National Assembly of Pakistan, and the

 Members of all (four) Provincial Assemblies(Sindh,pubjab,KPK,Balochistan)
Members of the National Assembly and Provincial Assemblies are directly elected by the people in
competitive multi-party elections. Members of the Senate are indirectly elected by the provincial
assemblies.
The president may be re-elected for a second term but may not serve for more than two consecutive
(continuously) terms. The president may be impeached and subsequently removed from office by a
two-thirds majority vote of the parliament.
There are total 706 Electoral College members to elect President of Pakistan (each provincial
assembly is given 65vots which the ratio of their provincial assemblies)
PROVINCIAL ASSEMBLIES
The number of Provincial Assemblies seats for each province is given below:
NUMBER OF SEATS
EXISTING
Province General Seats Seats reserved for Total
Non Muslims Women
Punjab 297 8 66 371

Sindh 130 9 29 168
NWFP 99 3 22 124
Balochistan 51 3 11 65
Total 577 23 128 728

CONSTITUTION OF USA
OVERVIEW
The United States of America (commonly called the United States, the U.S., the USA, America, and
the States) is a federal constitutional republic consisting of fifty states and a federal district (District
of Columbia). The country is situated mostly in central North America, where its forty-eight
contiguous states and Washington, D.C., the capital district, lie between the Pacific and Atlantic
Oceans, bordered by Canada to the north and Mexico to the south. The state of Alaska is in the
northwest of the continent, with Canada to the east and Russia to the west across the Bering Strait.
The state of Hawaii is an archipelago in the mid-Pacific. The country also possesses several
territories in the Pacific and Caribbean. At 3.79 million square miles (9.83 million km2) and with
over 314 million people, the United States is the third- or fourth-largest country by total area, and the
third-largest by both land area and population. It is one of the world's most ethnically diverse and
multicultural nations, the product of large-scale immigration from many countries.
The Constitution was adopted on September 17, 1787, by the Constitutional Convention in
Philadelphia, Pennsylvania, and ratified by conventions in eleven states. It went into effect on
March 4, 1789. The first ten constitutional amendments ratified by three-fourths of the states in
1791 are known as the Bill of Rights. The Constitution has been amended seventeen additional times
(for a total of 27 amendments) and its principles are applied in courts of law by judicial review.
The Constitution guides American society in law and political culture. It is the oldest written
national constitution in continuous use, and it influenced later international figures establishing
national constitutions. Recent impulses for reform center on concerns for extending democracy and
balancing the federal budget.
SALIENT FEATURES OF THE U.S CONSTITUTION
Although we can trace various interesting features of the US constitution, but the most interesting
and important salient features of this constitution, which lay down the basic working system of the
US government and State, are as followed:
1. Written Constitution
2. Preamble
3. Rigid Constitution
4. Popular Sovereignty
5. Limited Government
6. Separation of Powers
7. Checks and Balances
8. Judicial Review
9. Bicameral Legislature
10. Federal System
11. Presidential System
12. System of Republic
13. Bill of Rights
14. Dual Citizenship

15. Spoil System
1. WRITTEN CONSTITUTION:
The American constitution is a written constitution. It was framed in 1787 and effective since 1789.
The framers of the constitution presented it as a briefly written document with simple and clear
language. The constitution now consists of 7 articles;
 three articles are devoted to Legislative, Executive and Judicial Branches and
 four articles are concerned with the position of States, modes of amendments, supremacy of
national power and ratification.
The articles are as follow:

ARTICLE-1; THE LEGISLATURE:
• Establishes a bi-cameral legislative body of government called “The Congress, which includes an
Upper House called “The Senate” and a Lower House called “The House of Representatives.”
• Establishes the manner of election and qualification of members of each house.
• Out lines legislative procedure and indicates the powers of the legislative branch.
• Establishes limits on Federal and State legislative powers.
In addition;
• It precludes Congress from depriving a State of equal representation in the Senate with its consent.
• It grants Congress the power to regulate, both international and inter-State, Trade and Commerce.
Article one is the longest of the 7 articles. Unlike other articles of the constitution, the Article-1
cannot be amended. The amendments made prior to 1808 can no longer affect the 1st and 4th clause
of section-9 of this article. The 1st clause prohibited the Congress from stopping the trading of
Slaves, while the 45h clause imposed direct tax to be apportioned among the States according to
their population, till 1808.
ARTICLE-2; THE EXECUTIVE:
• Calls President to be the Chief Executive of the Country

• Describes procedure for the selection/election of the President, qualifications for the Presidential

office, affirming the Presidents oath. Describes powers and duties of the Presidential Office.
• Calls for the office of Vice President of US, 2nd to the President. He is to replace the President, if
the President is incapacitated or resigns. He has to serve as a presiding officer for any debate in the
Senate, with a vote in case of a tie.
• Allows for impeachment of Constitutional officers, which include the President, the Vice President
and Judges.
ARTICLE-3; JUDICIARY:
• Describes the court System, including the working of the Supreme Court.
It states that there shall be a Supreme Court. Congress at its discretion can create lower courts. The
judges and orders of these lower courts are reviewable by the Supreme Court.
• Calls on trial by Jury in all criminal cases.
• Defines crime and treason and empowers Congress for punishment for it. But imposes limits on the
punishment.
ARTICLE-4, POSITION OF STATES:
• Describes relationship between the Federating States and the Federal government.
• Establishes extradition between States and lays down legal basis for freedom of movement and
travel amongst the States.
ARTICLE-5, MODES OF AMENDMENTS:

• It describes process necessary to amend the constitution. It provides for two methods for
amendments; one is called “Proposal for amendment” in which either the Congress or the
Convention of States propose amendments to constitution, the other is called “ratification of
proposal” which requires ratification by States Legislature or by the conventions of State (Explained
further in Feature No.4-“The Rigid Constitution.”). Congress is to choose which method it wants for
the ratification for amendment
ARTICLE-6, SUPREMACY OF NATIONAL POWER:

• Establishes the constitution to be the supreme law of the land.
• Validates national debt, created under the ‘articles of confederation’.
• Requires that all legislators, federal officers and judges take oath to support constitution.
ARTICLE-7; RATIFICATION:
• Sets for the requirements for ratification of the constitution.
All 50 States have ratified the Constitution, which means they accept it as the Supreme Law of the
Land. Initially there were 13 States out which 9 ratified the constitution. Many historians call the 9
States, which ratified the constitution, as the first Federating States of US. While the remaining 5 are
called as acting independent countries, but eventually they too ratified the constitution.
2. PREAMBLE:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America.”
Like other constitutions, the US constitution too consists of a Written Preamble. The US constitution
consists of a single sentence that introduces the document and its purpose. The preamble it self
neither grants any powers nor inhibits any actions. It only explains the rational behind the
constitution. The preamble, especially the first three words “we the people” is one of the most
important, often quoted and referred section of the US constitution.
The major governmental goals stated in the Preamble include:
• Provide for better Cooperation among the States
• Ensuring Justice and Peace
• Providing for Defense against invasion
• Promote the general well being of the population
• Securing liberties now and in future.
3. RIGID CONSTITUTION:
The American constitution is one of the most rigid constitutions of the world. It means it cannot be
amended very easily and has to go through difficult and special procedure of amendment. This
procedure consists of two parts, namely;
• The Proposal of Amendment:

The two-third (about 67%) majority of both Houses shall propose amendments to the constitution or
on the application of legislatures of two-third (about 67%) of States shall call a convention for
proposing amendment.
• The Ratification(Approval) of the Proposal:

The amendment shall be ratified by the legislatures of three-fourths (75%) of all States or by the
conventions of three-fourth (75%) of States. It is because of this rigidity of the US constitution that it
has been amended for only 27 times in over 200 years.

4. POPULAR SOVEREIGNTY:
The principle of popular sovereignty is clearly spelled out in the preamble of the constitution “We
the people….do ordain and establish this constitution for United States of America.”
It means that In US the people reign, for they determine the nature of the political institutions and
structure of the States. The people have delegated their power to the government and the government
owes its authority to the will of people.
The doctrine of popular sovereignty is a constitutional check to any tendency towards arbitrary and
despotic government and a guarantee of the respect for the rights of the citizens.
5. LIMITED GOVERNMENT:
According to the framers of the constitution, absolute power must necessarily be arbitrary and
despotic, hence, all powers must be limited otherwise there will be tyranny, oppression, ending in
revolt or violence. It was because of this they introduced the concept of “Limited Government” in
the constitution.
The concept or doctrine of “Limited Government”, in the constitution, defines the powers, which the
government is to exercise and also imposes restrictions, within which the government has to operate.
By this, the constitution has limited the powers of government to avoid miss usage of it. In addition
the concept also laid down the platform for another concept or doctrine called “Separation of
Powers.”
6. SEPARATION OF POWERS:
This doctrine divides powers among three branches of government and restricts one branches of
government from interfering into one and others jurisdictions. The Power has been divided amongst
the Congress (House of Representatives and Senate), the President and his cabinet, and the Judiciary.
• Congress:
It is the legislature and exercises legislative powers. It can not allow any agency or person to make
laws in its place. It passes laws, which out line general policies and set certain standards.
• The President:
President posses the executive powers; he can execute laws, enforce law or can administer laws. He
is assisted by his Cabinet and several other departments, agencies offices, bureaus and commissions
in exercising his powers. However he is personally responsible for all actions of executive branch.
• The Judiciary:
The Supreme Court exercises the judicial powers. It interprets the laws and decides cases and
controversies, in conformity with law and by the methods prescribed by the law. The Supreme Court
is assisted by several small courts in executing the judicial powers. The courts do no initiate action;
they exercise their power only when disputes are brought before them, either by government, a
private individual or some organization.
7. CHECKS & BALANCES:

The concept of “Separation of Powers” further laid down the concept or doctrine of “Checks and
Balances.” It divides powers of one branch in way that it puts a check upon the power of the other.
Example:
Congress has power to make laws but President can veto it. While Congress can pass legislation over
Presidents veto by a two-third vote in each house. This way President has check over the Congress
and the Congress over the President. This also balances out their powers.
The Congress can refuse to appropriate funds requested by the President. The President has powers
of appointment. He can appoint judges to Supreme Court. The Supreme Court has power to approve,
reject and review laws passed by Congress. The President can appoint Judges which favor him over
the Congress and get his way around the congress. On the other hand, the Senate has powers to
disapprove the appointments and treaties made by the President. Hence it can halt President from
appointing judges on his bias.
In addition to the powers of judiciary, the Supreme Court can also approve, reject and review any
action taken by the President.
The main reason for the system of “Checks & Balances” is to prevent unjust combination of the
majority. The system makes compromises necessary, which is a sign of healthy democracy. The
system also restricts the chaotic or tyrannical rule and helps prevent the rise of dictators.
8. JUDICIAL REVIEW:
The constitution has vested powers for “Judicial Review” in the Supreme Court. The Supreme Court
can declare any legislation or executive order null or void, if found to be inconsistent with the
provisions of the constitution.
The Supreme Court along with several smaller courts (together called Judiciary) performs as the
guardian and custodian of the constitution and of “Bill of Rights” amended in the constitution.
Under the cover of judicial review, the Supreme Court has so interpreted the constitution that it has
adapted it self to the changing needs of the society and it has enlarged the powers of the Congress. It
is because of this the US government is called government of the judges.

9. BICAMERAL LEGISLAUTE:
The constitution of US provides for a bicameral legislature. It means there will be two houses at the
Centre which have the legislative powers. According to the Article-1 “All legislative powers are
vested in Congress.” Congress is the bicameral legislature body of the US government, consisting of
two houses; the Lower House called “House of Representatives” and the Upper House called
“Senate.”
House of Representatives:
It is the lower house, consisting of 435 members elected by the people on population basis through
the method of adult franchise. The members of the House of Representatives are elected for the term
of two years.
SENATE:
It is the upper house, consisting of 100 members; elected by the State legislature on parity basis for
six years. Each State sends two Senators in the upper house and each senator has one vote, meaning
each state has 2 votes in the upper house.
The two houses don’t have equal powers. The upper house or the senate is stronger than the lower
house or the House of Representatives. The US Senate is the most powerful Senate of the world.
10. FEDERAL SYSTEM:

The US constitution provides for a federal government, which means that the governmental authority
is divided between Central or Federal Government and fifty federating States. The division of power
has been established the two bodies by the constitution. According to the Section-8 of Article-1, the
Federal Government has jurisdiction over 18 matters of national interest and importance, while the
residuary powers are entrusted to the Federating States.
The States are autonomous bodies in their own jurisdiction and the Federal Government can not
meddle in their affairs. In case of conflict, the Supreme Court settles all disputes between the two
bodies.
11. PRESIDENTIAL SYSTEM:

The constitution provides for a Presidential system. The Article-II of the Constitution says that all
Executive powers are vested in the American President. He exercises all the powers, which laws and
constitution confer upon him.
The President is elected in directly by the people for the term of four years.
He cannot be removed by the vote of no-confidence by the Congress. Thus he is not responsible to
the Congress. He does not attend its session, nor initiates legislation directly Congress. He does not
even answer the Congressional questions. On the other hand the President cannot dissolve the
Congress, nor can he interfere in legislations made by Congress, but he does have power to veto the
law passed by the Congress.
The President is assisted by his handpicked cabinet, which helps him run his executive powers. The
Cabinet members are neither members of Congress nor do they answer to the Congress. They are not
even allowed to sit in Congressional meetings.
In addition the President has power of appointments. He appoints heads of various departments and
he also appoints the judges of Supreme Court. The President also has powers to make treaties.
12. REPUBLICANISM:
The US constitution calls for the State to be a Republic, with a President as elected head of the State.
The constitution derives its authority from the people. Moreover, the constitution calls upon all the
federating States to follow the system of republicanism. The constitution is Supreme Law of the
Land. Neither Centre nor State can over side it.
13. BILL OF RIGHTS:

The original constitution did not guarantee the fundamental rights of people. But soon after it was
affective, the legislature made amendments to incorporate the fundamental rights for people in the
constitution. In fact the first ten amendments made were to do so. These 1st ten amendments are
known as the “Bill of Rights.” The Bill of Rights grants fundamental rights of person, property and
liberty to people. It also guarantees freedom of religion, speech, press and assembly.
It is the job of the judiciary to enforce the Bill of Rights. The Supreme Court is the guardian of the
Constitution and thus of the Bill of Rights.
The Bill of Rights cannot be suspended or modified, except by a constitutional amendment.
14. DUAL CITIZENSHIP:

The American constitution has made provisions for Dual citizenship. This means that an American is
a citizen of United States as well as of the Federating State, where he or she is domiciled.
(Great Britain and Pakistan have Single Citizenship)
15. SPOIL SYSTTEM:

The Spoil System concept implies that, a system under which public office is considered and used as
spoils to be enjoyed by the political party victorious at polls. Under this system a civil servant
appointed on political consideration by one President can not retain his office when an opposition
President secures victory at the polls. The new President is to make fresh new appointments by
dismissing the previous ones.
PARLIAMENT OF USA (THE CONGRESS)
INTRODUCTION
“All legislative powers herein granted shall be vested in Congress of the United States, which shall
consist of a Senate and a House of Representatives.” --- Article-1 of the constitution of United
States.
The American Congress is a bicameral legislature, as the constitution calls on two houses to perform
legislative activates. The upper house is called Senate, while the lower house is called House of
Representatives respectively. The framers of Constitution intended to make the Congress more
powerful organ of government than the Presidency. However, in the 19th centaury it became least
popular body. But by the cause of time the matters improved and the Congress regained its
popularity. It is now considered as the Bulwark of “free democracy” by many scholars.
The subsequent history and evolution of the congress has proved that the bicameral structure was a
wise step by the founding fathers. The bicameral system operated without any remarkable restrains
throughout the history. Although some times dead lock between the Senate and House of
Representatives were created, yet no one advocated for the abolition of either house. Especially the
House of Representatives never pursued to eradicate Senate from the constitution, as posed as wall
against many of its bills. At the end of the day, the House of Representative had to accept the
approvals and refusals of the Senate. Indeed, the Senate has become the more important chamber
than the House of Representatives. The Congress today is not what the founding fathers intended it
to be and nor has it become what the feared it would be.
The congress has legislative powers; which are limited by the veto-power of the President and by the
Supreme Court’s power of Judicial Review. The congress has also a great hand in the development

of the constitution. It is its own master. It convenes and adjourns its session without any interference
from the Executive (the President). However it does not have similar control over the Executive as
the legislature in Parliament system has.
1. THE SENATE (UPPER HOUSE)

________________________________________
COMPOSITION:
The Senate is the upper chamber or upper house in the American legislature known as Congress. It
consists of 100 members on the basis of parity or equal representation of all the 50 States. Each State
elects 2 Senators irrespective of its size and population. Initially the Senators were elected by
indirect method through State legislatures. This method was provided by the Constitution, but the
17th amendment empowered people of each State to directly elect 2 senators from their respective
States.
TERM:
The term of Each Senator is 6 years. One-third of the members retire after every 2 years. It is a
permanent body and cannot be dissolved by any authority. The Senators who retire after the end of
their terms are eligible for re-election. If a Senate seat is vacant by resignation, death or any other
reason, the governor of the concerned State is empowered to nominate the successor to the vacant
seat until the next Senate elections. The vacant seats cannot be terminated.
REMOVAL:
The majority of members present in the Senate can vote to exclude senator on the basis of disorderly
behavior or for some other grave reason. The voting requires at least two-third majority to remove
the Senator.
Fifteen members have been expelled in the history of the Senate; 14 of them were removed in 1861
and 1862 for supporting the Confederate secession, which led to the American Civil War. No senator
has been expelled since.
Under the 14th Amendment, any federal or state officer who takes the requisite oath to support the

Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified
from becoming a senator.
QUALIFICATIONS:
According to the Article-1, Section-3 of the constitution a senator must be:
1. Not less than 30 years of age
2. A citizen of US for 9 years
3. An inhabitant of the State from which he is elected
ELECTIONS:
The Article-1 of the constitution states that each state may elect two senators. The Constitution
further stipulates that no constitutional amendment may deprive a state of its equal suffrage in the
Senate without the consent of the state concerned. Originally the constitution provided for indirect
method for the election of the senators, meaning; senators would be elected by the respective
legislature of the States. However, with the passage of time, this method showed plenty of defects.
E.g. there were frequent deadlocks among the members of State Legislature which mostly resulted in
senatorial seats lying vacant for quite a long time. Cases of bribery and virtual purchase of seats also
surfaced. In 1913, the Congress adopted the 17th Amendment in constitution, which gave liberal
orientation to the Senate. The 17th Amendment introduced direct-popular Senatorial-elections. It
called upon people of States to elect their 2 Senators respectively.
Senators serve for terms of six years each; the terms are staggered so that approximately one-third of
the Senate seats are up for election every two years. The staggering of the terms is arranged such that
both seats from a given state are never contested in the same general election.
The Seventeenth Amendment also provides that vacancies in the Senate, however they arise, may be
filled by special elections. A special election for a Senate seat need not be held immediately after the
vacancy arises; instead, it is typically conducted at the same time as the next biennial congressional
election. If a special election for one seat happens to coincide with a general election for the State’s
other seat, then the two elections are not combined, but are instead contested separately. A senator
elected in a special election serves until the original six-year term expires, and not for a full term of
his own. Furthermore, the Seventeenth Amendment provides that any state legislature may empower
the Governor to temporarily fill vacancies. The interim appointee remains in office until the special
election can be held. All states, with the sole exception of Arizona, have passed laws authorizing the
Governor to make temporary appointments.
PRESIDING & OTHER OFFICERS:

As said before, the Vice-President of the United States is the Ex-Officie Chairman of the Senate. He
presides over the meetings of the Senate but does not cast his vote unless there is a tie. He cannot
appoint the committees of the Senate nor can he control the States through his powers of recognition.
The constitution has limited the powers of Vice-President in Senate as he is not an elected member
of the Senate and only acts as a watchdog or a spokesperson, performing duties such as announcing
the results of votes.
In case of the absence of the Vice-President, the presiding authority is handed over to the President
pro-tempore (Latin for “temporary President). Unlike the Vice-President, the President pro-tempore
is elected from the Senators. But he plays no active role in the deliberation of the House. He is the
nominee of the majority party in the Senate. He can vote on all issues and can participate in its
debates. Incase the vice-President becomes the President, the President Pro-Tempore takes
permanent place as the Chairman of the Senate.
The Senate is also served by several officials who are not members. The Senate's chief
administrative officer is the Secretary of the Senate, who maintains public records, disburses
salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The Secretary is
aided in his work by the Assistant Secretary of the Senate. Another official is the Sergeant-at-Arms,
who, as the Senate's chief law enforcement officer, maintains order and security on the Senate
premises. The Capitol Police handles routine police work, with the Sergeant-at-Arms primarily
responsible for general oversight. Other employees include the Chaplain and Pages.
PROCEDURE:
Senate procedure depends not only on the rules, but also on a variety of customs and traditions. In
many cases, the Senate waives some of its stricter rules by unanimous consent. Unanimous consent
agreements are typically negotiated beforehand by party leaders. Any senator may block such an
agreement, but, in practice, objections are rare. The presiding officer enforces the rules of the Senate,
and may warn members who deviate from them. The presiding officer often uses the gavel of the
Senate to maintain order.
The Constitution provides that a majority of the Senate constitutes a quorum to do business. Under
the rules and customs of the Senate, a quorum is always assumed to be present unless a quorum call
explicitly demonstrates otherwise. Any senator may request a quorum call by "suggesting the
absence of a quorum"; a clerk then calls the roll of the Senate and notes which members are present.
In practice, senators almost always request quorum calls not to establish the presence of a quorum,
but to temporarily delay proceedings. Such a delay may serve one of many purposes; often, it allows
Senate leaders to negotiate compromises off the floor. Once the need for a delay has ended, any
senator may request unanimous consent to rescind the Quorum Call.
During debates, senators may only speak if called upon by the presiding officer. The presiding
officer is, however, required to recognize the first senator who rises to speak. Thus, the presiding
officer has little control over the course of debate. Customarily, the Majority Leader and Minority
Leader are accorded priority during debates, even if another senator rises first. All speeches must be
addressed to the presiding officer, using the words "Mr. President" or "Madam President." Only the
presiding officer may be directly addressed in speeches; other Members must be referred to in the
third person. In most cases, senators do not refer to each other by name, but by state, using forms
such as "the senior senator from Virginia" or "the junior senator from California."
The rules of the Senate provide that no senator may make more than two speeches on a motion or
bill on the same legislative day. (A legislative day begins when the Senate convenes and ends with
adjournment; hence, it does not necessarily coincide with the calendar day.) The length of these
speeches is not limited by the rules; thus, in most cases, senators may speak for as long as they
please. Often, the Senate adopts unanimous consent agreements imposing time limits. In other cases
(for example, for the Budget process), limits are imposed by statute. In general, however, the right to
unlimited debate is preserved.
When debate concludes, the motion in question is put to a vote. In many cases, the Senate votes by
voice vote; the presiding officer puts the question, and Members respond either "Aye" (in favor of
the motion) or "No" (against the motion). The presiding officer then announces the result of the
voice vote. Any senator, however, may challenge the presiding officer's assessment and request a
recorded vote. The request may be granted only if it is seconded by one-fifth of the senators present.
In practice, however, senators second requests for recorded votes as a matter of courtesy. When a
recorded vote is held, the clerk calls the roll of the Senate in alphabetical order; each senator
responds when his or her name is called. Senators who miss the roll call may still cast a vote as long
as the recorded vote remains open. The vote is closed at the discretion of the presiding officer, but
must remain open for a minimum of 15 minutes. If the vote is tied, the Vice President, if present, is
entitled to a tie-breaking vote. If the Vice President is not present, the motion fails.
On occasion, the Senate may go into what is called a secret, or closed session. During a closed
session, the chamber doors are closed, and the galleries are completely cleared of anyone not sworn
to secrecy, not instructed in the rules of the closed session, or not essential to the session. Closed
sessions are quite rare, and usually held only under very certain circumstances where the senate is
discussing sensitive subject-matter such as information critical to national security, private
communications from the President, or even to discuss Senate deliberations during impeachment
trials. Any Senator may call a closed session as long as the motion is seconded by at least one other

member.
Budget bills are governed under a special rule process called "Reconciliation". Under Reconciliation,
the senator’s right to speak for unlimited duration is abrogated. Reconciliation was devised in 1974
but came into use in the early 1980s.
POWERS OF SENATE:
The senate enjoys extensive legislative, financial, executive, judicial and miscellaneous powers.
These may be discussed as followed:
1. LEGISLATIVE POWERS:
The Senate enjoys equal and coordinate legislative authority with the House of Representatives.
Ordinary bills may be initiated by either House, but the money bill is only passed by the House of
Representatives. But this privilege of the House of Representative is not much of significance
because of Senates vast powers of amending. The senate may strike out every thing except for the
title of a money-bill. The senate can also even substitute an entirely new bill and may send the same
back to the House. However, the legislative history of US Congress shows that the Senate enjoys
predominant position over the lower-house.
2. EXECUTIVE POWERS:
The framers of the constitution wished the Senate to be a sort of advisory council for the President is
discharge of his executive functions. Since, initially, it was a body of 26 members from 13 States; it
could perform the job advisory board. But since its growth in size it has also gained tremendous
number of powers. By the constitutional doctrine of Checks & Balances it has gained some
Executive Powers as well, in order to check the President’s authority. All appointments made by the
Senate are subject to the consent and advice of the senate. All the treaties made by the Senate are
subject to the ratification of Senate.
3. CONTROL OVER FOREIGN AFAIRS:
All treaties are negotiated and concluded in the name of the President, but all international treaties
are subject to ratification by two-third majority of the Senate. The foreign-affairs committee enjoys a
considerable influence over the foreign policy of US. It is therefore that the President keeps himself
in close touch with this committee and regularly acquaints it with the latest developments in foreign
policy.
4. JUDICIAL POWERS:
As said before that all appointments made by President are subject to the approval of Senate. This
includes the appointment of Supreme Court Judges. In addition, the Senate it self performs as a court
for impeachment of the President, Vice-President and other high ranking officials of US. The
charges are to be referred by the House of Representatives and the impeachment is to be conducted
by the Senate. The senate turns into regular judicial tribunal when it sits as a court. Prosecution is
conducted by the committee of members of House of Representatives especially appoint for this
purpose. The proceedings of impeachment are heard by the committee of judiciary of the Senate,
which is than presided over by the Chief Justice of the Supreme Court.
5. MISCELLANEOUS POWERS:
a. The senate shares with the house of representatives the power to propose amendments to the
constitution
b. The senate decides Vice-Presidential election when no candidate gets an absolute majority of
votes in the elections and elects the one out of the two candidates securing the highest votes.
c. The senate appoints committees to investigate and report on the administration of the federal
government. The committees expose scandals and inefficiency of the administration, if any. These
committees are politically very vigorous. This way the senators dominate the politics of the country.
The administration is generally afraid of the senatorial committees. Thus the senate exercises an
effective control over the administration through these committees.
The multiplicity of powers of senate has proved beyond any doubt that it is not only the more
powerful than the House of Representative but also the most powerful Senate/Second Chamber in
the whole world.
• THE AMERICAN SENATE IS THE MOST POWERFUL 2ND CHAMBER IN

THE WORLD
The American Senate is the only legislative body in the world which enjoys some direct executive
powers. It shares with the president the powers to make appointment of top-ranking officials and
through this it controls the internal administration of the federal government. No treaties or
agreements, concluded by the State-Department or President, are valid until ratified by the Senate.

Through this power the Senate controls the foreign policy of the country. In addition, the Senate has
powers to impeach the President, Vice-President and other high ranking officials. It should be noted
that these powers are exclusively exercised by the Senate. This raises the prestige of and dignity of
the Senate.
2. ABSENCE OF PARLIMENTARY SYSTM OF GOVERNMENT:
In countries with parliamentary form of government, the lower house attains a higher status than the
upper house. In many countries the lower house has control over the executive; i.e. In England &
Pakistan. In US, however, the position is reverse. It is the Upper House or Senate which has
sufficient control over the executive as well as over the Lower House or the House of
Representatives. However; the Lower House in US is completely devoid of such power. The
constitution has made the Senate a coordinate chamber to the House of Representatives in the
legislative matters, while in parliamentary form of system, the lower house has more power in
legislative matters.
3. SMALL MEMBERSHIP AND LONG TENURE:
The membership of the Senate is small but its tenure is longer than the House of Representatives. On
the other hand the membership of the House of Representatives is large but the tenure is short. The
Senate consists of 100 members and its members are elected for a term of 6 years. While the
membership of the House Representatives is 437 but it is only elected for 2 years term. Because of
this fact, the Senators are not worried about their re-election after every two years. By staying longer
on the legislative seat, the Senate also acquires greater experience, more credibility and exerts
greater influence than the House of Representatives. By staying longer, the Senate can also fulfill its
long term policies and programs. It is because of these reasons that the House of Representatives is
forced to concur with the Senate in order to expedite business.
4. SENATORS ARE SENIOR POLITITIONS:
Senior politicians and men with legislative experience with wider knowledge of public affairs,
usually opt for the membership of the Senate, because of its longer term and greater prestige than the
House of Representatives. The result is that the Senate becomes superior to the House of
Representatives in terms of ineffectual quality, legal talents, intellect and political wisdom. The
media gives greater coverage to the Senatorial speeches and sessions than to the House of
Representatives. The public attention is more focused on Senate as well.
In other countries the Senators may be men of legislative experience with wider knowledge of public
affairs, but the fact that their Senate it self is not Superior to their Lower House diminishes their

prestige. In these countries the attention of media and public is on the lower houses.
5. DIRECT ELECTIONS OF SENATORS:
Unlike the Senators or members of the upper house in countries like England, Pakistan or Canada,
the US senators are directly elected by the people. It is a common democratic experience that an
indirectly elected upper house finds it difficult to resist the will of the lower house which is elected
directly by the people. However; in US the Senate can claim equally representative character with
the House of Representatives. It is therefore the House of Representative is not capable of
dominating the Senate.
6. EQUAL LEGISLATIVE AND FINANCIAL POWERS:
The Senate in US enjoys equal powers in legislative and financial spheres with the House of
Representative, both in theory and practice. In England, the Upper House of House of Lords is given
lesser authority than the Lower House or the House of Commons. The Upper House/Senate in
Pakistan shares the same position as it does in England. Since the Senate and House of
Representatives in US share equal powers in legislative matters there are frequent deadlocks. To
resolve the deadlock Conference Committees are formed. However, the legislative history of US
shows that the Senate’s viewpoint ultimately prevails over the House of Representatives.
7. GREATER FREEDOM OF SPEECH:
The senators enjoy greater freedom of speech than the members of House of Representatives. A
Senator can speak for as long as he desires. This enables a full length, simple and flexible debate on
every matter and discusses every measure to solve the issues. Upper Houses in other countries do not
enjoy such freedom of speech. In countries like Pakistan many senators are refused to talk on
different matters by the chairman.
8. COURT OF IMPEACHMENT:
The Senate in US has sole right to impeach the President, Vice-President and other high ranking
officials. The US senate has powers to investigate into all affairs whether public or private. This fact
enhances the prestige of the Senate and enables it to over shadow the House of Representatives. No
senate or upper house in the world has similar power.
9. SOLIDARITY OF THE SENATE:
The US Senate is the one legislative organ in the world, the members of which have solidarity and
unity irrespective of their political affiliations. In 1938, when President Roosevelt tried to bypass the
“senatorial courtesy”, the Senators of his own party stood against him along with the opposing

members of the Senate. The entire Senate stands as one unit, whenever any attack on its authority is
made.
10. THE SENATORS REPRESENT THE STATES:
The members of the Senate are directly elected by the entire population of a State, whereas the
members of House of Representatives are elected by a fraction of population from their respective
States. The Senators therefore have proud privilege of having greater representative character and
greater popular support against the members of House of Representatives. The Senators represent the
States as political units and regard them selves as representatives of the Nation as a whole. The local
interest which dominates the House of Representatives hardly exists in the Senate. This gives to the
Senate a natural precedence over the Lower House and adds to its majesty and dignity.
• CONCLUSION:
The US Senate is indeed a unique House. It partakes in all three functions of State; Executive,
Legislative and Judicial.
In words of F.J. Haskin: “there are things which the President and the Senate may do without the
assent of the House of Representatives, and things which the Senate and House of Representatives
may do without the assent of the President, yet the President and the House or Representatives can
do comparatively little without the assent of Senate.”
It is thus manifest that while upper chambers in the other countries of the world have been declining
in power and importance, the US Senate is adding to its strength and importance. All these facts
prove that no other Upper Chamber such as the British House of Lords, Pakistani or Canadian
Senate enjoys such powers as are enjoyed by the Senate of US. The House of Lords of England is
described as the weakest upper chamber of the world. The nominated Senate of Canada has no
prestige compared to the Lower House. The Senate of Pakistan also has lesser prestige than the
National Assembly with regards to the legislative and fiscal administration, as it is indirectly elected.
We may, therefore, conclude that the US Senate is one of the great success of the American
Constitution, a worth monument of the wisdom and foresight of its fathers. It can easily be said,
without much of a debate, that the US Senate is the most powerful Senate or Second Chamber or
Upper House in the world.
________________________________________
2. THE HOUSE OF REPRESENTATIVES
________________________________________

The House of Representatives is the lower chamber of the American Congress. It is a legislative
body sharing powers with the Senate. Even though it is weaker in power compared to Senate, no
legislative measures are possible without the House of Representatives. It is the popular body
representing the US citizens on national principle based on population. Citizens of all sex and race
but of at least 18 years of age can participate in electing a member of House of Representative.
COMPOSITION:
Initially the House of Representatives consisted of 65 members but now its membership is
permanently fixed to 437 unless changed by a making an amendment to the constitution. The
number of representatives for each State is fixed by the Congress in proportion to its population.
TERM:
The term of House of Representatives is two years. It cannot be dissolved earlier.
SESSION:
The House meets every year on 3rd of January according to the 20th amendment of the constitution
and remains in session until its members vote to adjourn. However, the President can convene its
special session. It than confine it self strictly to the task, for which it is summoned and does not
discuss any other matter.
QUALIFICATIONS:
The constitution calls for a candidate for the House of Representatives to possess the following
qualifications:
a.) Must be at least 25 years of age
b.) Must be citizen of US for at least 7 years
c.) Must be citizen of State from which he wants to contest election
d.) Must not hold any office or profit under the government of US
PRIVILEGES:
a.) The member gets annual salary of $22,500 plus $2,500 expense money.
b.) Members are free from arrest except for treason, felony and breach of peace, during the session
of the house.
c.) Members enjoy the freedom of speech on floor of the House.

THE SPEAKER:
Unlike the Senate, the Vie-President does not preside over the House of Representatives. Instead the
House elects its own speaker. The elections for the House speaker are held purely on party-lines. The
candidate for the House Speaker is member of the majority party, he is partisan and openly favors
the party to which he belongs, even after he elected as the Speaker. He is virtually the leader of the
majority party and the legislative leadership devolves around him.
FUNCTIONS AND POWERS OF THE SPEAKER OF THE HOUSE

a.) Presides over the session of the House and maintains order and decorum in the House.
b.) Recognizes members on the floor of the House and allows members to speak.
c.) Decided points of order passed by the members of the House.
d.) Puts question to the vote of the House and declares the result.
e.) Interprets and applies the rules of procedure of the House, when any question on procedure is
raised. His decision cannot be questioned.
f.) Refers the bills to an appropriate standing committee for consideration and action
g.) Selects the chairman of the committee of the whole House and appoints his deputy. Also appoints
members of the special committee
h.) Signs all the bills passed by the House
POWERS OF HOUSE OF REPRESENTATIVES:
a.) LESGISLATIVE POWERS:

The House of Representatives enjoys co-equal and coordinate authority with Senate in the domain of
legislation. However, Senate has authority to amend or reject any bill passed by the House of
Representatives.
b.) FINANCIAL POWERS:

According to the Clause-1, Section-7, Article-1 of the constitution ‘all financial bills must originate
in the House of Representatives. This is an adoption from the British Constitution. According to this
doctrine, all national finances must be controlled by the House directly responsible to the people.
The financial matters mean all legislations involving appropriation. All appropriation bills originate
in House of Representatives. This means that the annual Budget Bill must be formed by the House of
Representatives.
(Note: In British Constitution the House of commons is directly responsible to the people as it is
elected by the people, hence the financial powers are vested the House of Commons. House of

Lords, which passes for Senate, has no say in financial affairs. However, in US the Senate is equally
responsible to the people as like the House of Representatives it is directly elected by the people. Yet
it has no say in financial bill. The clause that House of Representatives alone should control the
finances was established by the original constitution, but even after the amendment which switched
senatorial elections from indirect method to direct method, the clause were not amended)
However, Senate has power to tame revenue legislations and this can increase or decrease any given
appropriation. Senate can also amend or reject the money bill.
c.) EXECUTIVE POWERS:

Unlike Senate, the House of Representatives does not posses much of a control over the executive.
The only executive power it possesses is that along with Senate it can declare war and conclude
peace. Unlike in parliamentary form of government, the executive neither holds responsibility nor
can be removed by the House of Representatives. However, it has exclusive right to initiate
impeachment proceeding by preparing charges against the executive, which in this case is President.
House or Representatives can also initiate impeachment for Vice-President, Supreme Court judges
and other high ranking officials.
d.) AMENDING POWERS:

The House of Representatives participates in the process of amending the constitution of US. It
shares with Senate to propose amendments in the constitution by two-third majority in both
chambers.
e.) ELECTORAL POWERS:

Unlike parliamentary form of government, the House of Representatives does not posses powers to
participate in electoral process of the Executive. It can only elect a President if no candidate has
secured the majority. In this case the House will elect President from top 3 candidates.
In all the democracies of the world the Lower Chamber enjoys greater power than the Upper
Chamber. However, the situation is reverse in US, even though the framers of the constitution
intended to make the House of Representatives more powerful.

THE PRESIDENT, PRESIDENT’S CABINET AND THE
VICE PRESIDENT
________________________________________
CONTENTS
1. THE PRESIDENT OF U.S.A
• INTRODUCTION
• QUALIFICATIONS
• ELECTION
• TERM
• SUCCESSION
• IMPEACHMENT
• PRIVILEGES
• POWERS
2. PRESIDENT’S CABINET
• INTRODUCTION
• FORMATION
• MEETINGS

3. THE VICE-PRESIDENT PRESIDENY OF U.S.A
• INTRODUCTION
• FUNCTIONS
----------------------------------------------------------------------------------------
________________________________________
1. THE PRESIDENT OF U.S.A
________________________________________
INTRODUCTION
The President of USA has been vested with executive powers by the constitution and hence is the
chief executive of the entire country. His powers are so enormous, wide and overwhelming that he is
referred to as the foremost ruler of the world.
The President of USA is supreme in executive sphere and is master of his cabinet, as he chooses
them as personal team advisors. He is not bound to the cabinet’s decisions, but rather cabinet has to
follow his instructions, otherwise they are bound to quit the cabinet.
The US president is elected by the people and thus enjoys greater measures of popular support. Thus
the American constitution has made the President the real head of the State.
QUALIFICATION
The constitution provides that the Presidential candidate must be;
1. A natural born Citizen of United States

2. Must not be less than 35 years of age
3. Must have resided not less than 14 years in the country

The constitution does not bar a woman, a Negro or a person of any other race or religion to be
elected as the President. However no woman or Negro has ever been elected as President. On the
religious basis no non-Christian has ever won the Presidency. USA is predominantly a protestant
country and no Catholic person has ever been elected as the President, except for J.F. Kennedy.
ELECTIONS
The constitution provides for indirect elections of the American president. He is elected by an
electoral college consisting of as many presidential electors as is the number of members in the
“house of the congress.” This Electoral College is constituted in each state, and the method by which
these electoral colleges are to be elected is to concern of the States. Initially they were elected by the
State legislature but now states let the people elect the electoral colleges.
The system of elections is based on calendar. The Electoral College members are elected on Tuesday
after the 1st Monday in November of every leap year. On 1st Monday of December they meet in
their respective States to vote for President. The result is sealed and is sent to the Chairman of
Senate by each State. On 6th January of New Year the Congress meets in its joint session to count
the votes. The person securing majority of the votes would than declared the winner of the
Presidential election. On 20th of January the winner is sworn in as President. In case no candidate
secure majority of the total votes, the House of Representatives will than elect one person from 1st
three candidates who has secured highest number of votes than the two. In such case each State also
has to exercise a ‘One vote’ to elect a President. If no president is elected than after 4th March the
Vice-President becomes the President.
TERM
The President is elected for the term of four (4) years. According to the 22nd amendment, ratified in
1951, he can not be elected for more than two terms.
Initially there was no restriction of number of terms of elections. In fact President Roosevelt was
elected for the 3rd and 4th term in a row.
SUCCESSION

The Article-II, section-1, Clause-5 of the Constitution provides that if the President’s office falls
vacant due to his death, resignation, impeachment or inability to discharge the duties, the vice-
President succeeds to his office for the remaining period of his term. If both President and Vice-
President are unable to perform their duties they would be succeeded by Speaker of the “House of
Representatives”, Presidents Pro-Tempore of Senate, Secretary of State and so on.
IMPEACHMENT
The United States President can not be removed directly by the Congress as he is not accountable to
it. The only method of removing the US President is by “Impeachment.” The method of Presidential
impeachment requires the House of Representative to adopt a resolution called “article of
impeachment” charging the President with certain high crimes and directs the prosecution before the
Senate; which acts as judicial tribunal for impeachment and is presided over by Chief Justice. The
impeachment is than put to vote in senate and two-third (about 67%) majority is required to convict
the President.
• In 1868 President Johnson was a subject to impeachment but he could not be convicted due to lack
of required majority
• In 1974, President Nixon became subject to impeachment because of the Watergate Scandal. But
he resigned & escaped the process.
• Again in 1998-9, President Clinton was subjected to process of impeachment, but like President
Johnson he survived the process due to lack of required majority.
PRIVILEGES
• The President is immune from arrest for any offence during his tenure. He is not subject to any
court. He can only be punished for any offence after his removal from the President’s office.
• The President receives a salary of 400,000 a year.
• Occupies an official residence in the White House.

• During the travel to foreign countries, Air force-1 (Boeing 747) is at his disposal. Air Force-1 also
performs as a flying Presidential Office. President is also provided with armored Cadillac limousine
when traveling in Washington and its surroundings. When Traveling inside USA he is provided with
a Helicopter.
• The President is also given a high security during and even after his Presidency.
The President enjoys various other privileges during his Presidency. He also receives some
Privileges after the end of his presidency. These Privileges include;
• Free mailing
• Free office space
• The right to hold diplomatic passport
• Budgets for office help and staff assistance
• Receives pension (since 1958)
POWERS
As said before the constitution declares the President as the executive of the country and vest all
powers in him. During the last century the powers of US President have increased enormously.
Today he has become so powerful that he has no counterpart in power in the democratic world.
The President of US enjoys following powers:
1. Executive Powers
2. Diplomatic Powers
3. Legislative Powers
4. Judicial Powers
5. Financial Powers
These powers can be explained as followed:
The American president has the following executive powers:

(a.) CHIEF ADMINISTRATOR:
The President is the head of the national administration and supervisor of its operation. All executive
operations take place in his name. He has power & responsibility for the enforcement of constitution,
laws, treaties and judicial decisions of Supreme Court within the country or outside. He has broad
powers to manage national affairs and workings of the federal government. He can issue rules,
regulations and instruction called executive orders, which have binding force of law upon federal
agencies but do not require congressional approval. He also exercises complete power over his
cabinet and its members. All cabinet members are appointed by him and do as he directs them to do.
He is mainly responsible for the administration of national government and supervision of
administrative departments and agencies.
(b.) POWERS OF APPOINTMENT:
The President has power to appoint superior officials of the country such as secretaries (ministers)
and other heads of executive departments and agencies, Ambassadors to foreign countries and
international organizations such as UNO and NATO, judges to the Supreme Court and other high
ranking federal officials. However he needs Senates confirmation over these Superior appointments.
He can also appoint inferior officials for which no Senate confirmation is required. If the Senate’s
majority members are from the party to which the President him self belongs, than he would have no
problem in confirmation of Superior Officials he prefers.
(c.) COMMANDER-IN-CHIEF:
The President is the Commander-in-Chief or the Chief of the armed forces, and is responsible for the
defence of the country. He appoints all military officers, supervisors and directs the work of the
army, navy and the air force. He also presents budgets for military expenditure and employees,
troops for the offensive and defensive purpose. The President can declare war with the approval of
Congress and also make peace without the Congressional consent.
(d.) MAINTAINANCE OF LAW AND ORDER:
President is responsible for the maintenance of Law and Order throughout the land. He may use his
powers to maintain order, even with force, in part of the country where there is resistance. The
President can take action to restore Law on Order on his own if the matter is of federal jurisdiction.
If it is of State jurisdiction he can restore order on the request of the State Legislature.

2. DIPLOMATIC POWERS:
Under the constitution, the President is the federal official primarily responsible for the relations of
the United States with foreign nations.
• He formulates foreign policy
• Appoints all diplomatic representatives or ambassadors to foreign states with the consent of Senate.
He also receives Ambassadors from foreign States.
• He has power to enter into executive agreements with foreign states. For this he does not require
Senates ratifications.
• He does not have exclusive rights to declare war against any country. For this he requires
Congress’s approval. However he can ceasefire or terminate hostilities in order to bring an end to
war on his own, with out the consent of the Congress.
• The President has the sole authority to recognize a new State or a new government is foreign
States.
The President of US is aided by his Secretary of State and the State Department in order to carry out
countries foreign relations. Some times Department of Defence also plays major role in formulating
President’s foreign policies.
US PRESIDENT IS DIPLMATIC DICTATOR AT WAR
The enlargement of diplomatic powers in the hand of President along with the role of Chief-
Executive and Commander-in-Chief under his belt has placed in his hands the power to bring the
country at war that congress has been forced to acknowledge. Thus the President’s prerogative of
declaring war, half wars or undoing war has virtually swallowed the Congressional right to ratify the
declaration of war or declare war on it self. All these powers were generated to greater extent during
the World War 1 and 2 and especially during the Cold War, and even though these threats are over
the Presidents of US continue to use and misuse these powers. All these powers point out that the US
President is dictator of foreign relations.

3. LEGISLATIVE POWERS
Under the doctrine of “Separation of Powers” the President of the United States has limited
legislative authority. That power has been enormously vested in the Congress. The President can not
summon, prorogue or dissolve the Congress. He is not a member of Congress and can not initiate
any bill directly. Congress can make any Law and pass any bill against his wishes. But despite this
constitutional limitation, the President as the Chief formulator of the public policy has a major
legislative role.
(a.) VETO POWER:
All the bills that Congress passes are subject to President’s approval. He may deal with them in
following manners:
• He may assent the bill and it will became act or affective
• He may take no action on it and with in 10 days it becomes an ACT, if Congress is still in session.
• He may take no action on it and with in 10 days it is killed, if Congress is not in session. It is
known as “Pocket-Veto” of the President.
• He may return the Bill with or without amendment
• He may directly VETO the bill, and unless two-third of members of each house of Congress votes
to override the veto, the bill does not become law.
(b.) MESSAGES:
The President can send messages to the Congress suggesting some legislative measures; which can
not easily be ignored by the Congress. In annual and special messages to Congress, the President
may propose legislations he believes is necessary.
(c.) PROPOSAL FOR LEGISLATION:
The President of US can recommend measures to the congress for the legislation. He may either
send proposal for new legislation or amendment to the old legislation.

(d.) EXTRA-ORDINARY SESSION:
The most important occasion for Presidential messages and legislation related proposals to be put
forward to Congress is the annual State of the Union Address. Here, before the joint session of the
Congress, the President outlines the status of the country and his legislative proposals for upcoming
year or years. In case the Congress is not in session, the President has power to call extra ordinary
session of Congress to consider special matters of urgent need. However, Congress is not bound to
accept the President’s recommendations at special sessions.
4. JUDICIAL POWERS:
Like the legislative powers, the constitutional doctrine of “Separation of Power” also limits the
judicial powers of the President and vests it more in the judiciary under the Supreme Court.
However, the President does exercise some important and influential judicial powers. These judicial
powers are as followed:
• He has power to Pardon some one who has broken the federal law – Except in case of
impeachment.
• Power to Reprieve, which postpones penalty of execution.
• Power to grant Amnesty.
However; President can not grant pardon or reprieve to offenders convicted under state laws.
5. FINANCIAL POWERS:
The President is the real financial manager of the country as he directs and controls the finances.
Although the Congress has power to control the federal financing in theory, but in practice the
President actually controls the finances. Under the direct supervision of the President, the national
budget prepared; which placed before congress for approval. However, congress can not amend or
change it. In order to practice his financial powers, President is aided by the Finance Department and
his hand picked members of cabinet.

His diplomatic powers have become so enormous that not only he can veto the work of American
Congress but also in some ways the work of foreign assemblies. He has free hand to do what he
desires at home and abroad. With nuclear and military supremacy, the position and powers of the
American president have become most perilous in the world today.
In other words we can say that the President of United States is virtually a dictator both domestically
and internationally.
________________________________________
THE VICE-PRESIDENT
________________________________________
INTRODUCTION
The US constitution provides for a Vice-President. The office of Vice President possess great
potentialities but little of actual power. Because of this reason many delegates at the Philadelphia
Convention felt the inclusion of provisions for the office of Vice-President unnecessary. However
the provision was ratified along with the constitution. The constitution requires the Vice-President to
possess the same qualifications as are prescribed for the President.
1. A natural born Citizen of United States

2. Must not be less than 35 years of age
3. Must have resided not less than 14 years in the country
The Vice-President is elected at the same time, in the same manner and for the same terms of four
years the President is. The original draft of the constitution called for candidate securing second
highest votes to be declared the Vice-President. However, the Provision was later changed in order
to accommodate the President with supportive Vice-President.
FUNCTIONS
The constitution assigns following functions to the Vice-President:

• SUCCESSION TO THE PRESIDENCY:
The potential function of the Vice-President, under 25th amendment, is to fill the office of the
President in case the President has died, resigned, unable to perform the Presidential duty or
removed through impeachment. He than assumes the Presidency and all executive powers and duties
are devalued upon him. He will continue the remainder term of the Presidency till the next
Presidential elections. In case both President and Vice-President have died, resigned, removed or are
unable to perform the duties, the constitution calls upon the Congress to decide on who will continue
the office of Presidency till the next elections are held.
Vice-President Lyndon Johnson succeeded to the office of President after the assassination/death of
President John .F. Kennedy in 1963. Vice-President Gerald Ford took the Presidency after the
resignation of President Richard Nixon in 1974. During the Nixon’s Vice-Presidency he took the
Presidential powers on informal basis for weeks when President D.D Eisenhower was ill. Vice-
President Nixon had to perform Presidential duties three times under the same circumstances. In the
same manner Vice-President George Bush took Presidential powers during the absence of President
Ronald Reagan.
• EX-OFFICE CHAIRMAN OF SENATE:
The Article-1, Section-3 of the Constitution calls the Vice President to be the Ex-Office Chairman of
the Senate and Preside over the meetings of the Senate. He also has a vote incase of a tie. In practice
the Vice-President rarely presides over day-to-day matters in Senate. In his place the Senate chooses
a President Pro Tempore (or “President for a temporary period” or for a “Time.”) to preside the
meetings.
Another function of Vice President, as a Chairman of Senate, is to preside over the counting and
presentation of the Presidential and Vice-Presidential electoral votes by the U.S Electoral College, in
presence of both the house of Congress.
• MEMBER OF THE CABINET:
The Vice-President works as a part/member of the President’s Cabinet. His association with
administration enables him to be trained in administrative affairs, so that he may be able to handle
the Presidential Office, if chance becomes.

ELECTION PROCESS
Initially the constitution called for the person securing highest votes to become President, while the
person securing second highest votes in Presidential run to become the Vice-President. If no one
received a majority of votes, then the House of Representatives would choose between the four
highest vote-getters, with each state getting one vote. In such a case, the person who received the
highest number of votes but was not chosen President would become Vice President. Incase there
was a tie in the 2nd phase, than the Senate would choose the Vice-President.
The framers of the constitution had however not foreseen the PARTY System. In the elections of
1796, for instance, Federalist John Adams came in first, and Democratic-Republican Thomas
Jefferson came second. Thus, the President and Vice President were from different parties. With
President from one party and Vice-President from another, there was continuous conflict amongst
them. An even greater problem occurred in the election of 1800, when candidates from same party
tied in the elections. The Democratic-Republicans nominated Thomas Jefferson for the Presidential
seat, while they nominated Aaron Burr as well. The intentions for Aaron Burr were to get 2nd
highest votes and become the Vice-President. But instead both Jefferson and Burr ended up with
same number of votes; hence both were candidate for US Presidency. After 35 unsuccessful votes in
the House of Representatives, Thomas Jefferson finally won on the 36th ballot and Burr became
Vice President.
These constitutional conflicts led the legislature to adopt 12th Amendment in 1804. The amendment
called for the electors to use separate ballots to vote for the President and Vice-President. Even
though this solved the problem at hand, but it lowered the prestige of the Vice-Presidential office, as
the Vice President was no longer the second choice for President.
The constitution also prohibited the electors from voting for both President and Vice Presidential
candidate from the same state as themselves.
Formally, the Vice Presidential candidate is nominated by the party convention. However, it has
long been the custom that the Vice Presidential candidate has been effectively named by the
Presidential candidate. Often, the Presidential candidate will name a Vice Presidential candidate to
bring geographic or ideological balance to the ticket or to appeal to a particular constituency.

OVERVIEW OF UNITED KINGDOM
The United Kingdom of Great Britain and Northern Ireland,[nb 5] commonly known as the United
Kingdom (UK) or Britain, is a sovereign state located off the north-western coast of continental
Europe. The country includes the island of Great Britain, the north-eastern part of the island of
Ireland, and many smaller islands. Northern Ireland is the only part of the UK that shares a land
border with another sovereign state—the Republic of Ireland.[nb 6] Apart from this land border the UK
is surrounded by the Atlantic Ocean, the North Sea, the English Channel and the Irish Sea.
The United Kingdom is a unitary state governed under a constitutional monarchy and a
parliamentary system, with its seat of government in the capital city of London. It is a country in its
own right[10] and consists of four constituent countries: England, Northern Ireland, Scotland and
Wales. The latter three of these are devolved administrations, each with varying powers,[11][12] based
in their capital cities Belfast, Edinburgh and Cardiff respectively. Associated with the UK, but not
constitutionally part of it, are the three Crown dependencies: Guernsey, Jersey and the Isle of Man.
[13]
The United Kingdom has fourteen British Overseas Territories.[14] These are remnants of the
British Empire which, at its height in 1922, encompassed almost a quarter of the world's land surface
and was the largest empire in history. British influence can still be observed in the language, culture
and legal systems of many of its former territories.
Introduction OF CONSTITUTION.
There can be no state without a constitution. A constitution consists of those fundamental rules which
determine and distribute functions and powers among the various organs of the government as well as
determine the relations of the governing authorities with the people.
The Britain has led the modern world in the development of civil rights and modern constitutions. Since the
17th century, British have been the chief model of representative government. The British government was a
model for people everywhere seeking political modernization. It has unique ability to adopt without violence.
In the modern times, the British have been extraordinary able to adopt their political institutions to new needs
and new ideas within a framework of legality.
Salient Features of the British constitution:
Following are the salient features of the British constitution:
1.Unwritten constitution: (partly written as well)

The British constitution is unwritten because it is not derived from a single source. The French writer De
Tocqueville once remarked that: “England has no constitution.”

British constitution is a mixture of charters, statutes, judicial decisions, common law, usages or traditions,
customs, conventions, precedents etc. The first constitutional document was the Magna Karta of 1215, then
the bill of rights 1689, then the parliament Acts of 1911, 1949 etc. The British constitution was not framed at
a single time. It is still in the process of growth.
2.Evolutionary constitution:
The British constitution has developed through a process of gradual evolution. It is still going through the
process of growth. It was not framed by a person or a king for his own advantage. The British people have
developed their constitution from precedent to precedent and from past experience of law and practice.
3.Flexibility of the constitution:

one of the most important features of the British constitution is its flexibility. This means that it can be
amended by the parliament. In England there is no difference between the ordinary law and the constitutional
law. The British constitution is different from that of America’s or Pakistan’s. In America or Pakistan his
constitution is considered to be a supreme document in which amendment is very rare. The England’s
constitution is always under the process of growth.
4.Unitary constitution:
The England’s constitution is a unitary constitution. All the powers of the state are concentrated in the hands
of a single government for the whole country. All the local governments are the servants of the central
authority which has created them and can dissolve them also.
5.Its unreality:
one of the unique features of the British constitution is what is called its unreality. There is a great difference
in its appearance and its reality. In other words there is a great divergence in its theory. It is an absolute
monarchy while in reality it is a democratic state ruled by a parliament elected by the people.
6.Its organic nature:

The nature of the British constitution is organic. It is constantly growing. There is much in it which remains
the same and there is much also which changes according to the needs of the time. It is continually
developing. Thus, an improvement will always occur in the British constitution after some time and a new
constitutional document will be added afterwards. The change from monarchical system to parliamentary
democracy is an example of its organic nature.
7.Parliament’s sovereignty:
Parliament is sovereign. The British parliament can do everything except making man a woman and vice-
versa. The sovereignty of the parliament is a source of flexibility of the constitution. Bagehot remarked that

the English parliament can abolish monarchy and establish republic in the country.
8.Party System:
The British political system has been working successfully due to the existence of two major parties. In
England the existence of two major parties has contributed to the strengthening of political traditions. When
one party forms the government the other sits in opposition. The party in power always looks after the interest
of the opposition party because they know that if today they are in opposition, tomorrow they can be in
power.
9.Nature of conventions:
Another very important feature of the British constitution is the existence of a large number of conventions in
it. No one can understand this constitution properly without studying these conventions carefully. These are a
part of the constitution but they are not laws, because as such these conventions cannot be enforced by the
courts. They are well known to all those who run the government.
Examples of the conventions:
 The Prime Minister must sit in the House of Commons

 Parliament must meet at least once in a year
10.Rule of law:
One of the parliament feature of the British constitution is the Rule of law. It has two basic meanings:
 “In England no man can be made to suffer punishment or to pay damages for a conduct not definitely
forbidden by law”
 In England no person is above the law. No one can break the law with impunity.
11.Independence of Judiciary:
The British constitution I based on the principle of independence of judiciary. Since the year 1700 this
principle has been a fundamental principle of the English constitution. Although the judiciary is no doubt
independent in Britain but the right of judicial review is not granted.
12.Bicameral legislature:
According to the constitution the British parliament consists of two houses ----The House of Commons (lower
house) and the House of Lords (upper house). Thus, the kind of legislation in Britain is Bi-cameral.
13.A blend of Monarchy Aristocracy and Democracy:

The British constitution is a unique blend of monarchy, aristocracy and democracy.
Monarchy---- due to the existence of queen and king

Aristocracy---- House of Lords
Democracy--- Britain is now a democratic state run by a parliament elected by the people.
SOURCES OF THE BRITISH CONSTITUTION.
Introduction.
“The British constitution is the child of wisdom and chance.”

There can be no state without a constitution. The constitution consists of fundamental rules which
determine and distribute functions and powers among the various organs of the government as well
as determine the relations of governing authorities with the people. Most of the modern constitutions
are written, the British constitution is the only constitution which is unwritten.
Lord Bryce wrote:
“British constitution works by understanding which no writer can formulate. “
French writer De Tocqueville once remarked:
“England has no constitution,” Because he did not found it in a written form. But the British
constitution is the chief model for all the countries. It has shown a unique ability to adopt without
violence.
Sources:

The sources of the British constitution can be divided into two parts:
 The laws of the constitution
 The conventions of the constitution
A) The laws of the constitution:
The laws of the constitution are based on the written documents. These include Historic documents,
acts of the parliament, judicial decisions and common laws.
1. The Historic constitutional documents
The historic constitutional documents form a very important source of the British constitution. The
importance of these documents can be judged from the fact that the transition process from absolute
monarchy to constitutional government in Britain was triggered by these elements e.g.:
 Magna carta (1215)
 The petition of rights (1628)
 The bill of rights (1689) etc.
2. The acts of the parliament:

The laws made by the parliament from time to time have also contributed and furthered the transition
to constitutional government in Britain e.g.
 The act of Habeas corpus (1679)

 The act of settlement ( 1701)
 Reform acts of ( 1832,1867,1884,1918,1928)
 Acts of parliament ( 1911, 1949)
 Indian independence act of 1947 etc.

3. Judicial decisions:
These are also important sources of the British constitution. Judicial decisions explain and interpret
the rules and statutes passed by the parliament. Here it is to be noted that these rules cannot be
challenged by any court in Britain.
4. Common law:
Common laws are also a very important source of British constitution. Especially these relating to
the liberty of the subjects i.e. many basic rights of the people e.g. jury trial, freedom of speech and
assembly are based on common law as practiced by various courts in the country.
B) The conventions of the constitution:
The conventions are not recognized or enforced by any court. These are highly respected by the
British electorate and leadership. The conventions of the British constitution are actually of
unwritten character. They form an important part of the constitution. They are important because
they have enabled the British political system to adopt itself to the changing needs of the time. Some
of these conventions are:
1. The British monarch cannot veto the bills passed by the parliament.
2. The sovereign invites the leader of the majority party in the House of
Commons to form the cabinet.
3. The Prime Minister and Finance Minister both are taken from the House of commons
4. The money bills originate in the House of Commons.
5. The cabinet remains in power as long as it enjoys the confidence of the majority party in the
House of Commons, otherwise it has to resign.
6. All the civil servants are tried in the same court like any other citizen ( Rule of Law)

Constitutional Law

Uploaded by

Copyright:

Available Formats

You might also like

Constitutional Law

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Constitutional Law

Uploaded by

Copyright:

Available Formats

CONSTITUTIONAL LAW

1. State and legal structure

1. State and legal structure

Department Of Public Administration