0% found this document useful (0 votes)
318 views8 pages

Constiution of Pak

The document discusses several constitutional bodies in Pakistan: - The National Finance Commission distributes tax proceeds between the federal and provincial governments. - The Council of Common Interest resolves disputes over power sharing between the federation and provinces. - The Chief Election Commissioner oversees elections and prepares electoral rolls. - The Auditor General ensures public accountability and fiscal transparency in government operations. - The Supreme Judicial Council investigates misconduct by judges and can recommend their removal by the President. - The Attorney General is the chief legal advisor to the federal government. Advocate Generals perform similar roles for each province. - The Council of Islamic Ideology advises the government and parliament on Islamic legal

Uploaded by

Tarique Jamali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
318 views8 pages

Constiution of Pak

The document discusses several constitutional bodies in Pakistan: - The National Finance Commission distributes tax proceeds between the federal and provincial governments. - The Council of Common Interest resolves disputes over power sharing between the federation and provinces. - The Chief Election Commissioner oversees elections and prepares electoral rolls. - The Auditor General ensures public accountability and fiscal transparency in government operations. - The Supreme Judicial Council investigates misconduct by judges and can recommend their removal by the President. - The Attorney General is the chief legal advisor to the federal government. Advocate Generals perform similar roles for each province. - The Council of Islamic Ideology advises the government and parliament on Islamic legal

Uploaded by

Tarique Jamali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 8

National Finance Commission

National Finance Commission (NFC) is a constitutional body constituted under Article 160 of the
Constitution of the Islamic Republic of Pakistan, 1973. The Order of the President in the light of
the recommendations made by the NFC is known as NFC Award. NFC shall be comprised of
Federal Finance Minister, Provincial Finance Ministers, and other persons appointed by the
President in consultation with the Governor of provinces. The functions of the NFC are: (a) The
distribution of tax proceeds b/w the Federation and the provinces; (b) the making of grants in aid
by the Federation to the Provincial govts; (c) the exercise of borrowing powers of the Federation
and the provinces; (d) any matter pertaining to finance referred by President.

Council of Common Interest

Introduction: Council of Common Interest (CCI) is a constitutional body which established


under the Constitution of the Islamic Republic of Pakistan, 1973. The CCI resolves the disputes
of power sharing between the federation and provinces. It is an institution which provides
constitutional justice to the provinces and federation. Until 2010 the body worked under Cabinet
Division. After 18th amendment the body was transferred under Ministry of Inter Provincial
Coordination in March 2010. “Relevant Provisions Article 153 to 155”.

Organization: The members of common interest are appointed by the president of Pakistan.
The CCI consists of following The Prime Minister of Pakistan (its chairman, otherwise President
shall appoint federal minister as its chairman), All four Provincial Chief Ministers and Three
members to be nominated by Prime Minister (Usually Cabinet members). The decisions of the
council are expressed as the opinion of the majority. After passage of the Eighteenth
Constitutional Amendment, it is mandatory for the Council to meet once in ninety days. The ICC
shall be answerable to the parliament.

Function of the Council:

Policy Making: Council of common interest formulates and regulates Policies in regarded to
matters enumerated in part II of the Federal legislative list and with regard to electricity.

Decisions of Complaints: Council of common interest decides complaints regarding water; when
the provincial or federal government makes a law or passes an order regarding water or any
natural resource affecting the interests of a province.

End of differences: It is an important duty of council of common interest to bring into conformity
and policies of all provinces and not any difference arise between the federal and provincial
policies.

Supervisory of the institutions: The council of common interest supervise the institutions such as
railways mineral, oil, electricity natural Gas, development of industries and institution,
establishment, bodies and corporation administrated or managed by the federal govt.
Chief Election Commissioner

Introduction: The Chief Election Commissioner is an independent functionary of the status.


The election is held under his supervisions, his appointment is necessary whenever a general
election for an assembly is to be conducted. The president shall appoint the chief election
commissioner. The term of the office of election commissioner is three years. However, National
assembly may extend the term for one year through a resolution. Chief election commissioner
cannot accept an office of profit in the service of Pakistan until two years from the date of his
retirement. Chief election commissioner takes oath of office before the chief justice of Pakistan.
“Relevant provisions, Article 213 to 217”.

Election Commission: The Election Commission of Pakistan is an independent and


autonomous constitutional body charged with the function of conducting transparent, free, fair
and impartial elections to the National Assembly, Provincial Assemblies and Local
Governments. The Election Commissioner shall be the chairman of the election commission.

Qualification: He must have been a Judge of Supreme Court or senior civil servant or a
technocrat and is note more than 68 years of age.

Functions, powers and duties of election commissioner are as under:

Preparation of electoral rolls: He prepares electoral rolls for election of national and provincial
assemblies and revises the rolls annually.

Elections of senate: Chief election commissioner organizes and conducts elections of the
senate.

Appointing election Tribunal: Chief election commissioner appoints to decide dispute regarding
counting of votes or about the conduct of election in any constituency.

Election of casual vacancies: Chief election commission holds elections to fill casual vacancies
in parliament or in provincial assembly.

Other function: Other functions as may be specified by an Act of Parliament.

Acting commissioner: When the office of the commissioner is vacant or he is absent or unable
to perform the functions of his office due to any other cause the most senior member in age of
the members of commission shall act as Commissioner.

Auditor General of Pakistan

The Auditor General of Pakistan is a government organization and the prime and supreme audit
institution in the country for ensuring public accountability and fiscal transparency and oversight
in governmental operations. The Auditor General is appointed by the President of Pakistan. The
Auditor General takes oath of office before the chief justice of Pakistan. Term of office of A.G is
four years. He can be removed from his office on same manner like grounds as a Judge of
Supreme Court. The major task of Auditor General is to audit the accounts of Federation and
Provinces or accounts of any authority or body established by the federation or a Province. The
report of Auditor General is laid before the National, Provincial, and District Assemblies and is
considered in the Public Accounts Committee of the respective Assemblies. (Relevant provision,
168-171.)
Supreme Judicial Council

Introduction: The Supreme Judicial Council of Pakistan is a body of judges empowered under
Article 209 of the constitution of Pakistan to hear cases of misconduct against judges. “Relevant
Provisions, Article 209 to 211”.

Organization: The Supreme Judicial Council is comprised of the Chief Justice of Pakistan as
Chairman, two most senior Judges of the Supreme Court and two most senior Chief Justices of
High Courts as members. The Registrar, Supreme Court of Pakistan acts as its Secretary.

Powers and functions of supreme judicial council:

Making of enquiry: On a reference received from President or through suo-moto action, the
Supreme Judicial Council investigates the matter and presents its finding to the President. If the
council decides that the Judge is incapable of performing the duties of office or is guilty of
misconduct, and therefore should be removed from office, the President may order the removal
of such judge. A judge may not be removed from service except on the specified grounds and
subject to the prescribed procedure. A judge of a court or tribunal subordinate to a High Court
may be dismissed by the High Court concerned.

Power to enforce attendance of person: It is also the function of the council and its power of
issuing directions or orders for securing the attendance of any person or for discovery or
production of documents. The orders issued by the council in this connection are enforceable as
though they had been issued by the Supreme Court.

Code of conduct: Supreme judicial council provides a code of conduct for the judges of the
Supreme Court and high court.

Art-211 says, the actions taken or reports made by the council shall not be questioned in any
court of law.

Conclusion: To conclude I can say that supreme judicial council is an important constitutional
institution. The president of Pakistan can only remove a judge only if the supreme judicial
council so recommends.

Attorney-General for Pakistan

The Attorney-General for Pakistan (A.G.), is the chief law officer and legal advisor of the
Government of Pakistan and enjoys rights of audience before Parliament. According to Art-100,
The President shall appoint a person qualified to be appointed a Judge of the Supreme Court, to
be the Attorney General for Pakistan. The Constitution bars the Attorney-General from private
practice until the termination of his or her employment. The major task of the Attorney General
is to provide legal advice to the Federal Government and to perform other legal duties as and
when assigned to him by the President. He shall have the right of audience in all Courts and
Tribunals in Pakistan. The Attorney General, in case of resignation, has to submit his
resignation in his own handwriting, addressed to the President
Advocate General of a Province

The Advocate General of a Province is a constitutional post and is an authority duly appointed
under Article 140 of the Constitution of Islamic Republic of Pakistan. A person who is qualified
to be appointed as a Judge of the High Court is appointed as the Advocate General for the
province by the Governor of that province. He is the principal law officer of the Province. The
Advocate General and his office defends and protects the interest of the provincial government
and gives invaluable legal guidance to the provincial government in formulation of its policy and
execution of its decision.

Council of Islamic Ideology

Introduction: Council of Islamic Ideology is a constitutional body of Pakistan, responsible for


giving legal advice on Islamic issues to the government and the Parliament. The body was
founded in 1962 under the government of Ayub Khan. “Relevant Provisions, Article 227-231 of
1973”.

Composition: The Council shall consist of 8 to 20 members, who have knowledge of the
principles and philosophy of Islam or understanding of all the economic, political, and legal or
administrative problems of Pakistan. While appointing members, the President shall bear in
mind the following

(i) That various schools of thought are represented in the council.

(ii) That minimum two members are persons each of who are, or has been a judge of the
Supreme Court or the High Court.

(iii) That not less than four of members are persons each of whom has been engaged, for a
period not less than fifteen years in Islamic research or institutions and

(iv) That at least, one member is a woman.

The council has the following functions:

1) To recommend laws conforming to Qur'an and Sunnah to the Parliament and Provincial
Assemblies.

2) To advise the Parliament, Government of Pakistan, President of Pakistan, or Governor on


any question referred to the Council as to whether a proposed law is or is not repugnant to the
Injunctions of Islam.

3) To make recommendations to bring current laws into conformity with Islamic injunctions.

4) To compile guidance for the Parliament and Provincial Assemblies.

Conclusion: I conclude I can say that; Islamic ideology council consists of a chairman and
other members who are appointed by the president for the term of 3 years. The main functions
of Islamic ideology council shall be make recommendation to parliament as to ways and means
of enabling the Muslims of Pakistan to order their lives in accordance with principles of Islam.
The Prime Minister of Pakistan

Introduction: In the parliamentary system prime minister is the head of the government and the
whole system of the state revolves round him. He is the leader of majority party in the
parliament and he is the source of power. He is more power full than the president. Relevant
provisions, Article 46, 91, 95 of the constitution of Pakistan. The tenure of the post of the prime
minister is five years.

Qualification/characteristics for the office of prime minister:

(i) Citizen of Pakistan. (ii) Member of N.A. (iii) Should not hold any office of profit in the service
of Pakistan (IV) He should believe on ideology of Pakistan. (v) He should be mentally and
physically fit.

Election of the prime minister: The members of the national assembly elect prime minister;
Assembly in its first session elects speaker and deputy speaker, and then the prime minister.
The prime minister shall be elected by the majority vote of the total membership of the national
assembly. The president appoints from amongst the member of national assembly who has
command the majority of members in the house.

Oath of the prime minister: After election, the prime minister takes the oath in the presence of
the president. He declares to be Muslim, and the belief in the finality of Prophet (S.A.W),
promises to act upon the Islamic ideology, to give presence to national interest, protect the
constitution, and be loyal with the country.

Powers and functions of the prime minister:

Formation of the cabinet: The prime minister, after taking oath, selects hs cabinet. every
minister, individually and cabinet as whole are responsible for their acts to the parliament.

National leader: The prime minister is a national leader. He leads the nation and organizes the
public opinion in favour of his party.

Power to confer titles and awards: The prime minister has power to confer titles and awards to
those who show excellent performance in different field of life.

Power of appointment: The prime minister has power to appoint the high ranking officials with
the approval of the president of Islamic republic of Pakistan. He appoints diplomats, ministerial
staff and Judges of the supreme courts and the high court. He also appoints the members of
national finance commission etc.

Chief Advisor of the president: The Prime Minister is the Chief advisor of the president. The
president performs his duties with the consultation of the prime minister.

Financial powers: The prime minister also performs finance matters. The budget is prepared
under his supervision.
Public welfare: The prime minister works for the public welfare. He takes every possible step to
improve the life style of the people of his country.

Power of Legislation: The prime minister takes part in legislation. All proceedings are conducted
with the consent of the prime minister. He plays a vital role in law making.

Administrative duties: The prime minister performs the administrative function. He is responsible
for the smooth running of the affairs of the country.

Power to terminate ministers: The prime minister if is not satisfied with the function of his
minister he can terminate them.

Termination/vote of no-confidence against prime minister: Under the present procedure, a


resolution for a vote of no-confidence can be moved by not less than twenty percent of the total
membership of the national assembly. The resolution shall not be voted upon before the
expiration of three days, from the day on which such resolution is moved in the national
assembly. In the resolution for vote of no-confidence is passed by majority of the total
membership of the national assembly, the prime minister shall cease to hold office immediately.

Acting prime minister: On the death, sickness leave, resignation or foreign tour of the prime
minister the senior minister look after the work.

Chief Minister

According to the constitution 1973 Provincial government performs its function its function
through chief minister. He is the leader of the house in a province.

Conditions for candidate:

* He should be citizen of Pakistan. * Should not be less than 25 years of age. * Should not be
insolvent. * Should be sound minded. * His name should be in electoral role. * Should not hold
any office of profit in services of Pakistan.

Election of chief minister: Chief Minister is appointed by the Governor from amongst the
members of provincial assembly who in the opinion of majority of the members of the provincial
assembly.

Oath & Resignation: Chief Minister shall take oath of office before the governor of the
province. In accordance with clause (b) of Article 130, chief minister may in writing addressed to
the governor resign his office.

Cabinet of chief minister: Chief Minister chooses minister for his cabinet from amongst the
provincial assembly members who shall be appointed by the governor. chief minister and his
cabinet collectively answerable to the provincial assembly. He has the authority to perform his
functions either by himself or through his minister.
Powers and functions of chief minister:

Executive powers: Chief Minister has all the executive powers in the province. He is responsible
for all administrative matters of the province. He is also responsible to maintain law and order in
the province.

Power of appointment: The judges of high court are appointed on the advice of chief minister.
He also appoints the ministers.

Legislative powers: Chief Minister being the leader of majority party in the provincial assembly
has legislative powers. No bill can be passed without the consent of chief minister.

Financial powers: The annual budget is prepared under the supervision of Chief minister.

Dissolution of Provincial assembly: Governor dissolves the provincial assembly on the advice of
chief minister. If governor does not dissolve the assembly it shall stand dissolved after 48 hours
of such advice.

Duties of Chief minister in relation to governor:

It shall be the duty of chief minister: (i) to communicate the governor the decision of the cabinet
in relation to the administration of the affairs of the provinces and proposals for legislation.

(ii) To furnish such information relating to the administration of the affairs of the province and
proposals for legislation as the governor may call for and

(iii) If the governor so requires submitting for the consideration of the cabinet any matter on
which a decision has been taken by the chief minister but which has not been considered by the
cabinet.

Procedure of vote of no-confidence: A resolution for a vote of no-confidence can be moved


against Chief Minister by not less than twenty percent total membership of the provincial
assembly. The resolution shall be voted upon after the expiration of three days but before seven
days from the day on which such resolution is moved. If the resolution is passed by a majority of
total membership, chief minister shall cease to hold office.

You might also like