Name : Extravagant

Introduction to Law
Topic: Organs of state
 The Government consists of three branches of organs of
state.
1. Executive
2. Legislative
3. Judicial.

Executive
The Executive branch consists of the Cabinet and is led by the
Prime Minister. It is totally independent of the legislative
branch that consists of a bicameral parliament. The Upper
House is the Senate whilst the National Assembly is the lower
house.

Legislative
The bicameral federal legislature consists of the Senate (upper
house) and National Assembly (lower house). According to
Article 50 of the Constitution, the National Assembly.

Judicial
The Judicial branch forms with the composition of the
Supreme Court as an apex court, alongside the high courts and
other inferior courts. The judiciary’s function is to interpret the
Constitution and federal laws and regulations.
 Define Judicial legislative and judicial.
Pakistan is a multiparty democracy where several political
parties compete for seats in the National and Provincial
assemblies. However, as an aftermath of the Fall of Dhaka in
1971, a two-party system was inculcated between the Peoples
Party and Muslim League. There has also been a sharp rise in
the popularity of centrist parties such as PML-Q and PTI.
The military establishment has played an influential role in the
country’s politics. From 1950s to 2000s, several coups were
staged that overthrew democratic regimes.
However, after the resignation of President Pervez Musharraf
in 2008, a sharp line has been drawn between the Military and
politics and Pakistan is moving closer to becoming a liberal
democracy after general elections in 2013. However, critique
argue that country is moving towards strict hybrid system, a
system in which military and political leaders take collective
decisions, thus affecting overall power structure of civilian
government. Meanwhile many proponent stands with the
change and depicts it as a needed change in the country’s
system to bring in more civilian voice in the policy making
process. Many praise the efforts and give example of how
successful this system has been like National Command and
Control Center (NCOC) to track Covid-19 response effectively
at the state level, National Locust Control Centre (NLCC) to
counter the locust attack and ensures food security in the
country.
The Economist Intelligence Unit rated Pakistan a “hybrid
regime” in 2019.The current and former presidents of Pakistan,
in keeping with the constitutional provision that the state
religion is Islam, must be Muslim. Elected for a five-year term
by an Electoral College consisting of members of the Senate
and National Assembly and members of the provincial
assemblies, the president is eligible for re-election. But no
individual may hold the office for more than two consecutive
terms. The president may resign or be impeached and may be
removed from office due to incapacity or gross misconduct by
a two-thirds vote of the members of the parliament. The
president generally acts on the advice of the prime minister but
has important residual powers.

In the past one of these powers a legacy of military dictator

General Muhammad Zia-ul-Haq has included the president’s
discretionary ability to dissolve the National Assembly when “a
situation has arisen in which the Government of the Federation
cannot be carried on in accordance with the provisions of the
Constitution and an appeal to the electorate is necessary.
This power has twice been granted by the Eighth Amendment
in 1985 (under the Zia dictatorship) and by the Seventeenth
Amendment in 2003 (under the military rule of General Pervez
Musharraf) and has twice been revoked by the Thirteenth
Amendment in 1997 (by the Pakistan Muslim League (N)) and
under the Eighteenth Amendment in 2010 (by the Pakistan
Peoples Party). Despite this most recent power-stripping, the
President remains the ex officio chair of the National Security
Council, as per the National Security Act 2004.

The prime minister is appointed by the members of the

National Assembly through a vote. The prime minister is
assisted by the Federal Cabinet, a council of ministers whose
members are appointed by the president on the advice of the
prime minister. The Federal Cabinet comprises the ministers,
ministers of state, and advisers. As of early 1994, there were
thirty-three ministerial portfolios: commerce; communications;
culture; defence; defence production; education; environment;
finance and economic affairs; food and agriculture; foreign
affairs; health; housing; information and broadcasting; interior;
Kashmiri affairs and Northern Areas; law and justice; local
government; minority affairs; narcotics control; parliamentary
affairs; petroleum and natural resources production; planning
and development; railways; religious affairs; science and
technology; social welfare; special education; sports; state and
frontier regions; tourism; water and power; women’s
development; and youth affairs
The bicameral federal legislature consists of the Senate (upper
house) and National Assembly (lower house). According to
Article 50 of the Constitution, the National Assembly, the
Senate and the President together make up a body known as
the Majlis-e-Shoora (Council of Advisers).

Pakistan’s democracy has no recall method. However, past

governments have been dismissed for corruption by the
President’s invocation of Article 58 of the Constitution. The
President’s power to dismiss the Prime Minister and dissolve
the National Assembly was removed by the Thirteenth
Amendment and partially restored by the Seventeenth
Amendment.
Senate
The Senate is a permanent legislative body with equal
representation from each of the four provinces, elected by the
members of their respective provincial assemblies. There are
representatives from the Federally Administered Tribal Areas
and from Islamabad Capital Territory. The chairman of the
Senate, under the constitution, is next in line to act as president
should the office become vacant and until such time as a new
president can be formally elected. Both the Senate and the
National Assembly can initiate and pass legislation except for
finance bills. Only the National Assembly can approve the
federal budget and all finance bills. In the case of other bills,
the president may prevent passage unless the legislature in
joint sitting overrules the president by a majority of members
of both houses present and voting. Unlike the National
Assembly, the Senate cannot be dissolved by the President.

National Assembly
Members of the National Assembly are elected by universal
adult suffrage (formerly twenty-one years of age and older but
the seventeenth amendment changed it to eighteen years of
age.). Seats are allocated to each of the four provinces, the
Federally Administered Tribal Areas, and Islamabad Capital
Territory on the basis of population. National Assembly
members serve for the parliamentary term, which is five years,
unless they die or resign sooner, or unless the National
Assembly is dissolved. Although the vast majority of the
members are Muslim, about 5 percent of the seats are reserved
 for minorities, including Christians, Hindus, and Sikhs. Elections
for minority seats are held on the basis of separate electorates
at the same time as the polls for Muslim seats during the
general elections. There are also 50+ special seats for women
now, and women are selected (i.e. not directly elected in the
general election but given representation according to how
their parties performed in the general election) on these seats
by their party head.
The judiciary includes the Supreme Court, provincial high
courts, District & sessions Courts, Civil and Magistrate courts
exercising civil and criminal jurisdiction.Some federal and
provincial courts and tribunals such as Services court, Income
tax & excise court, Banking court and Boards of Revenue’s
Tribunals are as well established in all provinces.

Supreme Court
In reference of ARTICLE 175 (A) APPOINTMENT OF JUDGES
The Supreme Court has original, appellate, and advisory
jurisdiction.
There shall be a Judicial Commission of Pakistan, hereinafter
in this Article referred to as the Commission, for appointment
of Judges of the Supreme Court, High Courts and the Federal
Shariat Court, as hereinafter provided.

1. For appointment of Judges of the Supreme Court, the

Commission shall consist of
I. Chief Justice of Pakistan; Chair Chairman
II. Most senior Judges of the Supreme Court; Member
III. A former Chief Justice or a former Judge of the Supreme
Court of Pakistan to be nominated by the Chief Justice of
Pakistan, in consultation with the member Judges, for a term
of two years; Member
IV. Federal Minister for Law and Justice;Member
V. Attorney-General for Pakistan; and Member
VI. A Senior Advocate of the Supreme Court of Pakistan
nominated by the Pakistan Bar Council for a term of two
years.

(1) Now withstanding anything contained in clause or

clause , the President shall appoint the most senior
Judge of the Supreme Court as the Chief Justice of
Pakistan. The chief justice and judges of the Supreme
Court may remain in office until age sixty-five: now 68
years and this is also another clause of seventeenth
amendment.

Federal Shariat Court of Pakistan

The Federal Shariat Court (FSC) of Pakistan is a court which
has the power to examine and determine whether the laws of
the country comply with Shari’a law. It consists of 8 Muslim
judges appointed by the President of Pakistan after consulting
the Chief Justice of this Court, from amongst the serving or
retired judges of the Supreme Court or a High Court or from
amongst persons possessing the qualifications of judges of a
High Court. Of the eight judges, three are required to be Ulema
who are well versed in Islamic law. The judges hold office for a
period of three years, which may eventually be extended by the
President. Appeal against its decisions lie to the Shariat
Appellate Bench of the Supreme Court, consisting of three
Muslim judges of the Supreme Court and two Ulema, appointed
by the President. If any part of the law is declared to be against
Islamic law, the government is required to take the necessary
steps to amend such law appropriately. The court also
exercises revisional jurisdiction over the criminal courts,
deciding Hudood cases. The decisions of the court are binding
on the High Courts as well as subordinate judiciary. The court
appoints its own staff and frames its own rules of procedure.
Ever since its establishment in 1980, the Federal Shariat Court
of Pakistan has been the subject of criticism and controversy
in society. Created as an Islamisation measure by the military
regime and subsequently protected under the controversial 8th
Amendment, its opponents question the very rationale and
utility of this institution. It is stated that this court merely
duplicates the functions of the existing superior courts and
also operates as a check on the sovereignty of Parliament. The
composition of the court, particularly the mode of appointment
of its judges and the insecurity of their tenure, is taken
exception to, and it is alleged, that this court does not fully
meet the criterion prescribed for the independence of the
judiciary. That is to say, it is not immune to pressures and
influences from the Executive. In the past, this court was used
as a refuge for the recalcitrant judges. And whereas some of
its judgments, particularly the ones which rely on the Islamic
concept of equity, justice and fair play, expanded and enlarged
the scope and contents of individual’s rights were commended,
others that tend to restrict the rights of women, are severely
criticised and deplored.

Provincial High Courts

In every province, there is one High Court. Currently all four
provinces Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan
have High courts, respectively called Lahore High Court, Sindh
High Court, Peshawar High Court, and Balochistan High Court.
After the approval of 18th Constitutional Amendment in April
2010, a new High court is established at Federal Capital
Islamabad with the name of Islamabad High Court. In 18th
Amendment, judges appointments are proposed by a
Parliamentary Commission. Judges of the provincial high
courts were, previously appointed (The seventeenth
amendment give these powers to the president, previously
Prime minister exercised them) by the president after
consultation with the chief justice of the Supreme Court, as
well as the governor of the province and the chief justice of the
high court to which the appointment is being made. High
courts have original and appellate jurisdiction in addition, there
are special courts and tribunals to deal with specific kinds of
cases, such as drug courts, commercial courts, labour courts,
traffic courts, an insurance appellate tribunal, an income tax
appellate tribunal, and special courts for bank offences. There
are also special courts to try terrorists. Appeals from special
courts go to high courts except for labour and traffic courts,
which have their own forums for appeal. Appeals from the
tribunals go to the Supreme Court. Ombudsman/Mohtasib A
further feature of the judicial system is the office of Mohtasib
(Ombudsman), which is provided for in the constitution. The
office of Mohtasib was established in many early Muslim
states to ensure that no wrongs were done to citizens.
Appointed by the president, the Mohtasib holds office for four
years; the term cannot be extended or renewed. The Mohtasib's
purpose is to institutionalise a system for enforcing
administrative accountability, through investigating and
rectifying any injustice done to a person through
maladministration by a federal agency or a federal government
official. The Mohtasib is empowered to award compensation to
those who have suffered loss or damage as a result of
maladministration. Excluded from jurisdiction, however, are
personal grievances or service matters of a public servant as
well as matters relating to foreign affairs, national defence, and
the armed services. This institution is designed to bridge the
gap between administrator and citizen, to improve
administrative processes and procedures, and to help curb
misuse of discretionary powers.Pakistan has been ruled by
both democratic and military governments. The first decade
was marred with political unrest and instability, with frequent
collapses of civilian democratic governments that eventually
led to the 1958 military coup. From 1947 until now, Pakistan
has been governed by various of both right-wing conservative
governments and left-wing socialistic oriented governments,
while neither far-right and far-left had failed to achieve enough
majority to claim the exclusive mandate. From 1947 to 1958 as
many as seven Prime Ministers of Pakistan either resigned or
were ousted. On 7 October 1958 Pakistan's civilian and first
President Iskander Mirza in collaboration with General
Mohammad Ayub Khan abrogated Pakistan's constitution and
declared Martial Law. General Ayub Khan was the president
from 1958 to 1969, and General Yahya Khan from 1969 to 1971,
Chief Justice Habib Khan Marvath elected first Chairman
Senate of Pakistan. Civilian, yet socialist-oriented autocratic,
rule continued from 1972 to 1977 under Zulfikar Ali Bhutto, but
he was deposed by General Zia-Ul-Haq. General Zia was killed
in a plane crash in 1988, after which Benazir Bhutto, daughter
of Zulfikar Ali Bhutto, was elected as the Prime Minister of
Pakistan. She was the youngest woman ever to be elected the
Head of Government and the first woman to be elected as the
Head of Government of a Muslim country. Her government was
followed by that of Nawaz Sharif, and the two leaders
alternated until the military coup by General Pervez Musharraf
in 1999. From the resignation of President Rafiq Tarar in 2001,
to his own resignation in 2008, Musharraf was the President of
Pakistan. In 2008, Asif Ali Zardari was elected president.