Legislature: An Overview

The legislature is one of the primary organs of the government, responsible for making,
amending, and repealing laws. It holds a central role in the political system, functioning as a
representative body of the people, and serves as a crucial check on the powers of the executive
and judiciary.
"The strength of a nation lies in the integrity of its legislature."
– John F. Kennedy
"A legislature is not merely a law-making body; it is the guardian of the people's rights and
liberties."
– Thomas Jefferson
Definition of Legislature
The legislature can be defined as "an assembly of representatives of the people vested with the
authority to make laws, deliberate on national issues, approve budgets, and oversee the
executive branch of government." It is the embodiment of the will of the people in democratic
systems, reflecting their aspirations and protecting their rights through the legal framework.
Functions of the Legislature
1. Law-Making:
The primary function of the legislature is to draft, debate, and enact laws. These laws
govern various aspects of society, from civil rights to economic policies.
 26th amendment current
 The Brexit Withdrawal Agreement Act (2020) was passed by the UK Parliament
to formally withdraw from the European Union, shaping the future of UK-EU
relations.
2. Representation of the People:
Legislators are elected (in democratic systems) to represent the interests and concerns
of their constituents, ensuring that the government reflects the will of the people.
 MNAs from balochistan represent their issues.
3. Control Over the Executive:
The legislature exercises oversight over the executive branch by questioning
government officials, approving appointments, and scrutinizing government policies and
expenditures.
 Question Hour in the National Assembly allows MNAs to question government
ministers about their performance and policies.
  The Watergate Scandal (1970s) led to Congressional hearings that exposed
abuses of power by President Richard Nixon, ultimately resulting in his
resignation.
4. Budget Approval:
The legislature holds the "power of the purse," meaning it is responsible for approving
government budgets, taxation, and public spending.
5. Amendment of the Constitution:
In many countries, constitutional amendments require legislative approval, ensuring
that fundamental laws are changed through a democratic process.
6. Debate and Deliberation:
Legislatures serve as forums for discussing national and international issues, promoting
transparency and accountability.
 The Congressional debates on civil rights in the 1960s led to the passage of
landmark legislation like the Civil Rights Act (1964).
7. Judicial Functions:
In some systems, the legislature may have quasi-judicial functions, such as impeachment
proceedings or disciplinary actions against its members.
 The impeachment of President Donald Trump occurred twice (2019 and 2021),
with the House of Representatives charging him with abuse of power and
incitement of insurrection, respectively.

Types of Legislature
1. Unicameral Legislature:
A single-chamber legislature where all legislative responsibilities are vested in one
house. Examples include Sweden and New Zealand.
 Bangladesh – Jatiya Sangsad
 China – National People's Congress
2. Bicameral Legislature:
A two-chamber system consisting of an upper house (often called the Senate) and a
lower house (House of Representatives or National Assembly). This structure allows for
checks and balances within the legislature itself. Examples include the United States and
Pakistan.
Importance of the Legislature in a Political System
 Ensures Rule of Law: By enacting laws that are applicable to all citizens, the legislature
upholds the rule of law and maintains social order.
  Promotes Democratic Governance: In democratic systems, the legislature represents
the people’s voice, ensuring that government decisions reflect the majority's will.
 Balances Power: Through its oversight functions, the legislature ensures that no branch
of government becomes too powerful, maintaining the balance of power in the state.
Examples of Legislative Bodies Worldwide
 United States: Congress (comprising the Senate and House of Representatives)
 United Kingdom: Parliament (comprising the House of Commons and House of Lords)
 Pakistan: Majlis-e-Shura (comprising the National Assembly and the Senate)
 India: Parliament (comprising the Lok Sabha and Rajya Sabha)
Conclusion
The legislature is a cornerstone of modern governance, playing a vital role in law-making,
representation, and ensuring checks and balances within the state. In democratic systems, it
acts as the voice of the people, safeguarding their rights and holding the government
accountable. By ensuring that laws reflect societal values and protecting public interests, the
legislature is indispensable to the functioning of any political system.

Bicameral legislature

Advantages of a Bicameral Legislature

1. Balanced Representation of Interests:

Bicameralism ensures that both the population at large and regional or minority
groups are represented. For example, in the United States, the House of Representatives
represents the people based on population, while the Senate represents states equally.
2. Checks and Balances within the Legislature:
Having two chambers provides an internal system of checks and balances, reducing the
risk of rash decisions or the dominance of one political group. Each house reviews and
can amend or reject bills proposed by the other, ensuring thorough scrutiny.
3. Prevention of Hasty Legislation:
The need for approval from both chambers ensures that laws are debated extensively and
passed only after comprehensive deliberation. This reduces the likelihood of poorly
crafted or impulsive legislation.
4. Expertise and Specialization in Law-Making:
The upper house often consists of more experienced, appointed, or elite members
who bring expertise, historical knowledge, and long-term perspectives to the legislative
process. For instance, the House of Lords in the UK includes experts from various fields.
5. Protection of Minority and Regional Interests:
In federal systems, bicameralism ensures that smaller states or regions have a voice in
 national legislation. For example, in Pakistan, the Senate provides equal representation
to all provinces, protecting regional interests.
6. Encourages Compromise and Moderation:
Since both houses must agree on legislation, bicameralism encourages political
compromise and moderation. This can lead to more balanced and widely acceptable
laws.

Montesquieu (1689-1755):

 Key Work: The Spirit of the Laws

 Montesquieu is one of the strongest proponents of the separation of powers. He argued
that having two chambers in the legislature would help maintain a balance of power and
prevent tyranny. According to him, a bicameral system is essential for liberty as it
introduces checks and balances within the legislative process.

John Stuart Mill (1806-1873):

 Key Work: Considerations on Representative Government

 Mill supported the idea of a bicameral legislature, suggesting that it could act as a check
on rash decisions by ensuring that legislation is carefully reviewed. He believed that the
upper house should be composed of intellectual and moral elites to bring wisdom and
prudence to governance.

Disadvantages of a Bicameral Legislature

1. Slower Legislative Process:

The requirement for bills to pass through two chambers can lead to delays in enacting
laws, particularly in times of crisis when swift action is needed.
2. Potential for Legislative Deadlock:
Disagreements between the two houses can lead to gridlock, where no legislation is
passed due to conflicting interests. This can stall governance and create political
instability.
3. Increased Complexity and Cost:
Maintaining two chambers increases the bureaucratic complexity of the legislative
process and leads to higher administrative costs for the government.
4. Overrepresentation of Elites or Less Populous Regions:
In some bicameral systems, the upper house may be dominated by appointed members,
hereditary peers, or representatives of less populous regions. This can result in
disproportionate influence and reduce democratic representation. For example, the
House of Lords in the UK consists largely of appointed members, raising concerns about
its democratic legitimacy.
 5. Possibility of Redundancy:
In some cases, the two houses may perform similar functions, leading to duplication of
efforts and making one chamber seem unnecessary. This is a common criticism in
countries where the lower house holds most legislative power.
6. Risk of Political Stalemate:
When the upper and lower houses are controlled by different political parties, there is a
higher risk of political stalemate. This can make it difficult to pass significant reforms or
address pressing national issues.

Jean-Jacques Rousseau (1712-1778):

 Key Work: The Social Contract

 Rousseau was a strong advocate of direct democracy and popular sovereignty. He
believed that the will of the people should be expressed directly or through a single,
unified legislative body. According to Rousseau, a bicameral system would dilute the
general will and create unnecessary barriers between the government and the people.

Jeremy Bentham (1748-1832):

 Key Work: Constitutional Code

 Bentham criticized bicameralism as inefficient and undemocratic. He believed that
having two chambers was an unnecessary complication that led to delays and political
deadlock. Bentham argued that a unicameral system would be more transparent and
efficient in reflecting the public's will.

Advantages of a Unicameral Legislature

1. Simplicity and Efficiency in Law-Making:

A unicameral system has only one legislative chamber, making the law-making process
faster and more straightforward. Bills do not need to pass through multiple layers of
approval, which leads to quicker decision-making.
2. Reduced Costs and Administrative Expenses:
Maintaining a single chamber is less expensive than supporting two. It reduces the need
for duplicate staff, facilities, and salaries for an additional house, leading to significant
cost savings for the government.
3. Greater Accountability and Transparency:
With only one legislative body, it is easier for the public to monitor and hold lawmakers
accountable. Citizens know exactly who is responsible for laws, leading to more
transparent governance.
4. Elimination of Legislative Deadlock:
Since there is no second chamber to oppose or delay legislation, the risk of political
 stalemates and gridlock is minimized. This allows the government to respond swiftly,
especially in times of crisis.
5. Stronger Democratic Representation:
In a unicameral system, there is often a closer connection between the legislature and the
people. All representatives are elected from the general population, which can enhance
democratic participation and reduce the influence of elitist or non-elected bodies.
6. Simplified Legislative Procedures:
The legislative process is more streamlined, as there are fewer bureaucratic steps and
less opportunity for confusion or duplication of efforts. This can lead to clearer and more
coherent laws.

Disadvantages of a Unicameral Legislature

1. Lack of Checks and Balances within the Legislature:

A single chamber may lead to concentration of power, increasing the risk of hasty or
poorly considered laws. Without a second house to review legislation, the system may
lack internal safeguards.
2. Risk of Majority Tyranny:
In a unicameral system, a single dominant party or group can easily pass legislation
without opposition. This can lead to the suppression of minority voices and interests.
3. Reduced Representation for Diverse Interests:
A unicameral legislature may not adequately represent regional, ethnic, or minority
groups, especially in federal or diverse societies. Bicameral systems often ensure that
different groups or regions have a distinct voice.
4. Potential for Hasty Legislation:
Without the deliberative process provided by a second chamber, there is a risk that laws
may be passed too quickly, without sufficient debate or analysis. This can lead to
ineffective or problematic laws.
5. Susceptibility to Political Manipulation:
A single legislative body can be more easily influenced or manipulated by powerful
political actors, lobbyists, or special interest groups, as there are fewer checks on their
influence.
6. Limited Expertise in Law-Making:
Bicameral systems often have an upper house with experts or seasoned legislators who
provide valuable insights. A unicameral legislature may lack this depth of experience,
potentially affecting the quality of legislation.

political and legal constraints over the sovereignty of parliament in Pakistan

Introduction
Parliamentary sovereignty refers to the supreme legal authority of a legislative body to enact,
amend, or repeal laws without interference from external bodies. In Pakistan, while the
Parliament holds significant authority, its sovereignty is subject to several political and legal
constraints. These constraints arise from constitutional provisions, judicial oversight, the role of
religious principles, the federal structure, and the influence of military and political dynamics.

Legal Constraints on the Sovereignty of Parliament in Pakistan

1. Constitutional Supremacy
Unlike the classical notion of parliamentary sovereignty seen in the UK, Pakistan follows
the principle of constitutional supremacy. Article 5 of the Constitution of Pakistan
emphasizes loyalty to the Constitution as the supreme law. Parliament cannot pass laws
that contravene constitutional provisions, particularly those safeguarding fundamental
rights.
2. Judicial Review and Judicial Activism
The judiciary in Pakistan has the power to review legislation and declare laws
unconstitutional if they violate fundamental rights or exceed constitutional limits. The
landmark case of I.R. Coelho v. State of Madras established the judiciary's role in
safeguarding constitutional provisions. Judicial activism, especially post-2007 Lawyers'
Movement, has further strengthened this constraint, allowing courts to nullify
parliamentary actions that conflict with constitutional norms.
3. Islamic Provisions of the Constitution
The Constitution mandates that no law can be enacted that is repugnant to the injunctions
of Islam (Article 227). The Council of Islamic Ideology (CII) serves as an advisory
body ensuring that legislation aligns with Islamic principles. This religious oversight
limits the Parliament's ability to legislate freely on certain issues.
4. Federal Structure and the Role of Provinces
Pakistan's federal structure, outlined in the 18th Amendment, devolves significant
powers to provincial legislatures. The Parliament cannot encroach upon subjects that fall
under provincial jurisdiction. This decentralization of authority restricts parliamentary
sovereignty at the national level.
5. Military Influence and the Doctrine of Necessity
Historically, Pakistan's military has played a dominant role in politics, often undermining
parliamentary authority. The Doctrine of Necessity, invoked by courts to legitimize
military coups (e.g., General Ayub Khan in 1958, General Zia-ul-Haq in 1977, and
General Pervez Musharraf in 1999), reflects how extra-constitutional forces have
constrained parliamentary sovereignty.
6. Presidential Powers under Article 58(2)(b)
Although repealed by the 13th Amendment and later reinstated by the 17th
Amendment, Article 58(2)(b) allowed the President to dissolve the National Assembly at
their discretion. This provision, when active, significantly curtailed parliamentary
sovereignty, enabling executive interference in legislative processes. It was ultimately
repealed again by the 18th Amendment, but its historical presence highlights the
fluctuating nature of parliamentary power.

Political Constraints on the Sovereignty of Parliament in Pakistan

 1. Weak Political Institutions and Party Fragmentation
Political instability, frequent changes in government, and weak party discipline have
historically undermined the Parliament's authority. Coalition governments often face
challenges in passing legislation due to internal disagreements and lack of a unified
agenda.
2. Role of Bureaucracy and Technocratic Influence
The entrenched bureaucratic system in Pakistan exerts significant influence over policy-
making and legislative processes. This technocratic dominance can dilute the
effectiveness of parliamentary decisions, as administrative elites may resist implementing
certain laws.
3. Media and Civil Society Pressure
In the modern era, the media and civil society organizations play a critical role in shaping
public opinion and holding Parliament accountable. While this fosters democratic
transparency, it also limits the Parliament's ability to legislate freely, particularly on
contentious issues.
4. International Obligations and Foreign Influence
Pakistan's commitments to international treaties, such as those under the United Nations
or International Monetary Fund (IMF) agreements, constrain parliamentary
sovereignty. The need to align domestic laws with international standards, especially in
areas like human rights and economic policy, limits legislative autonomy.
5. Ethnic and Sectarian Pressures
Pakistan's diverse ethnic and sectarian landscape often influences parliamentary
decisions. To maintain political stability, Parliament must consider the interests of
various ethnic groups, such as the Sindhis, Baloch, Pashtuns, and Muhajirs. This need for
political accommodation can restrict the Parliament's ability to enact uniform legislation.

Examples Illustrating Constraints on Parliamentary Sovereignty

1. Judicial Nullification of Laws

The Supreme Court's annulment of the National Reconciliation Ordinance (NRO) in
2009, which granted amnesty to politicians and bureaucrats, is a prime example of
judicial constraint on parliamentary decisions.
2. Military Influence on Civilian Governments
The dismissal of Prime Minister Nawaz Sharif's government in 1999 by General
Pervez Musharraf demonstrates how military interventions have historically overridden
parliamentary authority.
3. International Pressure in FATF Compliance
Pakistan's legislative changes to comply with Financial Action Task Force (FATF)
requirements illustrate how international obligations constrain parliamentary sovereignty,
particularly in enacting laws related to anti-terror financing and money laundering.

Conclusion

While the Parliament of Pakistan holds significant legislative powers, its sovereignty is limited
by a combination of legal and political constraints. Constitutional supremacy, judicial oversight,
Islamic injunctions, military influence, and international obligations collectively shape the
boundaries within which the Parliament operates. These constraints, while limiting absolute
sovereignty, are integral to ensuring a balance of power, protecting constitutional rights, and
maintaining democratic governance in Pakistan.