From World Encyclopedia of Parliaments and Legislatures, ed. George Thomas Kurian. 2 vols. (Washington, D.C.: Congressional Quarterly, Inc., 1998), 518-520.
PAKISTAN
OFFICIAL NAME: Islamic Republic of Pakistan (Islami Jamhuria-e-Pakistan)
CAPITAL: Islamabad
POPULATION: 129,276,000 (1996 est.)
DATE OF INDEPENDENCE: August 15, 1947 (from the United Kingdom)
DATE OF CURRENT CONSTITUTION: Adopted April 10, 1973; effective August 14, 1973
FORM OF GOVERNMENT: Parliamentary democracy
LANGUAGES: Urdu (official), English (official), Punjabi, Sindhi, Pashtu, and other languages
MONETARY UNIT: Pakistani rupee
FISCAL YEAR: July 1-June 30
LEGISLATURE: Federal Legislature (Mijlis-e-Shoora)
NUMBER OF CHAMBERS: Two. National Assembly; Senate
NUMBER OF MEMBERS: National Assembly, 217 (including 10 seats reserved for minorities; directly elected); Senate, 87 (indirectly elected)
PERCENTAGE OF WOMEN: National Assembly, 2.0; Senate, 3.4
TERM OF LEGISLATURE: National Assembly, five years; Senate, six years (one-third of the membership indirectly elected every second year)
MOST RECENT LEGISLATIVE ELECTION: National Assembly, February 3, 1997
MINIMUM AGE FOR VOTING: 21
MINIMUM AGE FOR MEMBERSHIP: National Assembly, 25; Senate, 30
SUFFRAGE: Universal
VOTING: Optional
ADDRESS: Parliament House, Constitution Avenue, Islamabad 44000
TELEPHONE: National Assembly, (9251) 920 37 34; Senate, (92 51) 920 70 44
FAX: National Assembly, (9251) 920 58 95; Senate, (92 51) 920 52 05
Located in southern Asia and bordering the Arabian Sea, Pakistan is a former British colony. Since achieving independence in 1947, Pakistan has had a checkered constitutional history reflected not only in the country's political instability but in the relative immaturity of its legislative institutions. Frequent military interventions on the one hand and endemic violence and corruption in public life on the other have stunted the growth of a true parliamentary system.
HISTORICAL BACKGROUND
Pakistan's first constitution, that of 1956, was passed nine years after independence, and its bumpy passage was marked by a series of crises: the assassination of the first prime minister, Liaquat Ali Khan, the dismissal of the second prime minister, Khwajah Nizamuddin, and the dissolution of the first Constituent Assembly itself. The constitution makers were faced with many intractable problems, some of which persist to this day. East Pakistan, now Bangladesh, was more populous than the five provinces of West Pakistan combined, yet the historically dominant western provinces were unwilling to concede proportional representation in the federal legislature to Bengali-speaking easterners. There was also a struggle over the role of Islam in the constitutional arrangement and the degree of veto powers to be granted to the Muslim clergy.
The constitution was less than two years old when it was abrogated, and martial law was declared following a military takeover in 1958 under Mohammad Ayub Khan. President Ayub Khan appointed a new Constitutional Commission, which produced the country's second constitution, in 1962. The 1962 constitution was not a popular document. Produced in great secrecy by the military rulers, it was never placed before the public in a referendum. It introduced for the first time a presidential form of government and vested dictatorial powers in the president. The National Assembly continued to exist as a token institution, but it could be dissolved at any time by the president. Mounting unrest against the Ayub Khan regime led to the resignation of the president in 1968 and the abrogation of the constitution he had inspired.
Pakistan was again without a constitution. Before the new president, Gen. Yahya Khan, could make any headway in devising a new constitution, East Pakistan seceded and established itself as the Republic of Bangladesh, precipitating war between Pakistan and India in late 1971. Following Pakistan's military defeat and the secession of East Pakistan, Yahya Khan ceded power to Zulfikar Ali Bhutto, chair of the Pakistan People's Party, who became president with the mandate to revive the political system. Under him the country's third constitution, that of 1973, was passed restoring a parliamentary form of government with a weak president and a strong prime minister. This constitution has been amended many times but still remains more or less intact. It was suspended from 1977 to 1985, when Pakistan reverted to military rule. Nevertheless, despite all the aberrations of the past, the country has made, since 1985, serious progress toward a parliamentary democracy.
CURRENT CONSTITUTIONAL STRUCTURE
The Federal Legislature (Mijlis-e-Shoora) consists of a lower house and an upper house. The lower house, the National Assembly, has 207 Muslim members elected directly for a term of five years in addition to 10 members representing minorities. The upper house, the Senate, has 87 members who are indirectly elected and serve six years, with one-third retiring every two years. Of the 87 senators, 19 are elected by each of the four provincial assemblies, 8 are returned by the tribal areas, and 3 are elected from the Federal Capital Territory. Both the National Assembly and the Senate hold two sessions annually, with not more than 120 days between the last day of one session and the first day of the next. The principal function of the Senate is advisory.
The National Assembly may adopt a resolution of no confidence in the prime minister, provided the resolution names another member of the Assembly as successor. Such a resolution may not be moved during the budget session and may not be voted on before the expiration of three days or later than seven days after its introduction. If the National Assembly passes the resolution by a simple majority, the president is obliged to call upon the person cited in the resolution to serve as the new prime minister. Members do not have the right to vote against the party line in no-confidence motions. A no-confidence resolution cannot be introduced in the National Assembly for six months after one has been rejected.
The president, who is indirectly elected by an electoral college comprising members of both houses of the Federal Legislature and provincial assemblies, is empowered to dissolve the National Assembly and fire the prime minister. The 1985 constitutional revision that granted the president that power has been controversial and destabilizing, however, and it may be modified to limit the president's power to fell the government.
Decisions of the National Assembly are taken by a majority of the members present and voting, and the quorum is one-fourth of the membership. Members enjoy full immunity against criminal prosecution for their acts within parliament. Constitutional amendments must pass by a two-thirds majority in each house and must be signed by the president.
The Federal Legislative List, which identifies subjects within the sole legislative purview of parliament, is divided into two parts based on the house of original jurisdiction. Legislation on national defense, nationality and citizenship, foreign affairs, civil service, and a wide range of other items may be introduced only in the National Assembly. If the legislation is passed by the Assembly, it is forwarded to the Senate. Within a period of ninety days the Senate may either pass the bill with or without amendments or reject it. Should the Senate fail to take any action on the bill, it becomes law automatically with the president's signature. An amended or rejected bill is reconsidered by the National Assembly, and if passed again by that body, with or without amendment, the bill is forwarded to the president for assent and publication.
All money bills originate in the National Assembly and after adoption by the National Assembly are presented directly to the president. All other proposed legislation--constitutional amendments and bills relating to items in the second part of the Federal Legislative List or in the Concurrent Legislative List--may be introduced in either house. If passed by one house, legislation is transmitted to the other house, and if it is passed without amendment in the latter house, it is presented to the president for signature. Should the second house reject or fail to pass the bill within ninety days, or should the second house pass it with an amendment, the bill must then be considered at a joint sitting of the Federal Legislature. Adoption by the joint session is based on majority of votes, and since the National Assembly is numerically superior, it generally prevails. The president is required to sign the bill within seven days; if he or she fails to do so, the bill becomes law automatically.
The role of the executive in parliamentary deliberations is defined in the constitution. The president may send messages to parliament and also may address both houses in a joint session at the beginning of a new term. The prime minister, cabinet ministers, ministers of state, and the attorney general have the right to take part in parliamentary debates but not the right to vote.
The constitution creates a number of advisory bodies to which the Federal Legislature and executive may turn. These include a Council of Common Interests, which advises on policies related to natural resources, transportation, and industry; a National Security Council; and a Council for Islamic Ideology, which advises on the conformity of legislative proposals and executive administration to Islamic principles.
ELECTIONS OF 1997
The five-year term of the National Assembly members elected in October 1993 ended prematurely when, on November 5, 1996, the president dismissed Prime Minister Benazir Bhutto. Bhutto, of the Pakistan People's Party, stood accused of corruption and financial mismanagement. (None of her predecessors as prime minister since 1985 had stayed in office through an entire term, leading many Pakistanis to question the wisdom of allowing the president to dismiss the government.) Tensions in the political environment were heightened by a weak economy, continuing ethnic friction and friction between the more numerous Sunni Muslims and the minority Shi
More than six thousand candidates representing about thirty parties contested the 217 seats in the February 3, 1997, elections, and four parties won 9 or more seats. Bhutto's Pakistan People's Party won only 17 seats amid allegations of election rigging. But Bhutto did not press the allegations, and outside observers regarded the process as generally free and fair. The Pakistan Muslim League claimed 134 seats--a comfortable ruling majority.