9/4/2020 Governmental Structure of Pakistan | Official Website - National Democratic Foundation

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Governmental Structure of
Pakistan
The government in Pakistan is composed of the executive, legislative &
judicature branches

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9/4/2020 Governmental Structure of Pakistan | Official Website - National Democratic Foundation

The Executive Government

Prime Minister of Pakistan

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

The Parliament
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-i-Shoora
(Council of Advisers).

The President of Pakistan

The President of Pakistan is the ceremonial Head of the State
and a figurehead who is a civilian Commander-in-Chief of the
Pakistan Armed Forces as per the Constitution of Pakistan and
a leader of the nation.

The President is kept informed by the Prime Minister on all the

matters of internal and foreign policy as well as on all legislative
proposals. Constitution of Pakistan vest the President the
powers of granting the pardons, reprieves, and the control of
the military; however, all appointments at higher commands of

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the military must be made by President on a "required and

necessary" on consultation and approval from the Prime
Minister. In addition, the constitution prohibits the President
from exercising the authority of running the government.

The 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
(FATA) 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 of Pakistan

Members of the National Assembly are elected by universal adult
suffrage (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.

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Although the vast majority of the members are Muslim, about 5% of

the seats are reserved for minorities, including Christians, Hindus,
and Sikhs. There are also 50+ special seats for women now, and
women are selected by their respective party heads.

The Jurisdiction
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 established
in all provinces as well.

Supreme Court
The Supreme Court has original, appellate, and advisory
jurisdiction. The Chief Justice of the Supreme Court is appointed by
the President; the other Supreme Court judges are appointed by
the President after consultation with the Chief Justice. The Chief
Justice and other Judges of the Supreme Court may remain in
office until age of sixty-eight years.

Federal Shariat Court of Pakistan

The Federal Shariat Court (FSC) of Pakistan is a court which has
the power to examine and determine whether the laws of the
country comply with Shari'a law. It consists of 8 Muslim judges
appointed by the President of Pakistan after consulting the Chief
Justice of this Court. Of the 8 judges, 3 are required to be Ulema
who are well versed in Islamic law. The judges hold office for a
period of 3 years, which may eventually be extended by the
President.

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If any part of the law is declared to be against Islamic law, the

government is required to take necessary steps to amend such law
appropriately. The court also exercises revisional jurisdiction over
the criminal courts, deciding Hudood cases. The decisions of the
court are binding on the High Courts as well as subordinate
judiciary. The court appoints its own staff and frames its own rules
of procedure.

Provincial and High Courts

Currently all four provinces; Punjab, Sindh, Khyber Pakhtun Khwah
and Baluchistan have High Courts. After the approval of 18th
Constitutional Amendment in April 2010, a new High Court is
established at Federal Capital Islamabad with the name of
Islamabad High Court. Judges appointments are proposed by a
Parliamentary Commission.

In addition, there are special courts and tribunals to deal with

specific kinds of cases, such as drug courts, commercial courts,
labor courts, traffic courts, an insurance appellate tribunal, an
income tax appellate tribunal, and special courts for bank offences.
There are also special courts to try terrorists. Appeals from special
courts go to high courts except for labor and traffic courts, which
have their own forums for appeal. Appeals from the tribunals go to
the Supreme Court.

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.

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The Mohtasib's purpose is to institutionalize a system for enforcing

administrative accountability, through investigating and rectifying
any injustice done to a person through maladministration by a
federal agency or a federal government official. The Mohtasib is
empowered to award compensation to those who have suffered
loss or damage as a result of maladministration. This institution is
designed to bridge the gap between administrator and citizen, to
improve administrative processes and procedures, and to help curb
misuse of discretionary powers.

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