Government of Pakistan

The Government of Pakistan (Urdu: حکومتِ پاکستان‎) abbreviated as GoP, is a federal government established by the Constitution of Pakistan as a constituted governing authority of the four provinces two autonomous territories and one federal territory of a parliamentary democratic republic, constitutionally called the Islamic Republic of Pakistan.[1]

Government of Pakistan
حکومتِ پاکستان
Emblem of Pakistan
TypeFederal government
FormationAugust 14, 1973 (1973-08-14)
Formation documentConstitution of Pakistan
CountryIslamic Republic of Pakistan
Seat of governmentIslamabad
Working
language		English, Urdu
Websitepakistan.gov.pk
Legislature
LegislatureParliament
Upper houseSenate
Chairman of the SenateSadiq Sanjrani
Lower houseNational Assembly
Speaker of the National AssemblyAsad Qaiser
Meeting placeParliament House
Executive
Head of statePresident (Arif Alvi)
Head of governmentPrime Minister (Imran Khan)
Main organCabinet
Meeting placeCabinet secretariat
Ministries30 (25 Federal Ministers, 5 Ministers of state and 5 advisors)
Responsible toNational Assembly
Judiciary
CourtSupreme Court of Pakistan
Chief judgeChief Justice (Gulzar Ahmed)

Effecting the Westminster system for governing the state, the government is mainly composed of the executive, legislative, and judicial branches, in which all powers are vested by the Constitution in the Parliament, the Prime Minister and the Supreme Court.[2] The powers and duties of these branches are further defined by acts and amendments of the Parliament, including the creation of executive institutions, departments and courts inferior to the Supreme Court.[2] By constitutional powers, the President promulgates ordinances and passes bills.

The President acts as the ceremonial figurehead while the people-elected Prime Minister acts as the chief executive (of the executive branch) and is responsible for running the federal government. There is a bicameral Parliament with the National Assembly as a lower house and the Senate as an upper house. The most influential officials in the Government of Pakistan are considered to be the federal secretaries, who are the highest ranking bureaucrats in the country and run cabinet-level ministries and divisions. The judicial branch systematically contains an apex Supreme Court, Federal Shariat Court, high courts of five provinces, district, anti-terrorism, and the green courts; all inferior to the Supreme Court.[2]

The full name of the country is the Islamic Republic of Pakistan. No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases. The "Pakistan Government" or "Government of Pakistan" are often used in official documents representing the federal government collectively.[2] Also, the terms "Federal" and "National" in government institutions or program names generally indicate affiliation with the federal government. As the seat of government is in Islamabad, "Islamabad" is commonly used as a metonym for the federal government.[2][3][4]

Federal law and Constitution

The Constitution of Pakistan established and constituted the federal government of four provinces of federation of nation-state, known as State of Pakistan. The Constitution reads as:

The Federal Government is Subject to the Constitution. The executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the (Federal) Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.
In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the (Federal) Ministers.

— Constitution of Pakistan: Part III: The Federation of Pakistan— Chapter 3: The Federal Government, Article 196–197, source[5]

The basic civil and criminal laws governing the citizens of Pakistan are set down in major parliamentary legislation (a term inherited from the United Kingdom), such as the Exit Control List, the Pakistan Penal Code, and the Frontier Crimes Regulations. By the Article 246th and Article 247th to the constitution, the Islamic Jirga (or Panchayat) system has become an institution for local governance.[6][7] The 1950s reforms in the government administration, the constitutional law and jurisprudence in Pakistan have been greatly influenced by the United States Of America ' legal system. Since the 1970s, the traditional jirga-based law has also influenced the country's judicial development.[8]

Branches of government

Legislative branch
Main article: Parliament of Pakistan

The legislative branch is known as the parliament, a term for legislature inherited from the United Kingdom. The parliament has two houses;

  • The National Assembly is the lower house and has 342 members. 272 are elected directly by the people, while 70 seats are reserved for women and religious minorities.
  • The Senate is the upper house and has 104 senators elected indirectly by members of provincial assemblies for six-year terms.

The Parliament enjoys parliamentary supremacy. All the Cabinet ministers as well as the Prime Minister must be members of Parliament (MPs), according to the constitution. The Prime Minister and the Cabinet Ministers are jointly accountable to the Parliament. If there is a policy failure or lapse on the part of the government, all the members of the cabinet are jointly responsible. If a vote of no confidence is passed against the government, then the government collapses and a new one must be formed.

Executive branch

By general definition, the executive branch of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers. The separation of powers system is designed to distribute authority away from the executive branch – an attempt to preserve individual liberty in response to tyrannical leadership throughout history.

Prime Minister and Cabinet

The Prime Minister of Pakistan (Urdu: وزيراعظم; lit: 'Wazir-e- Azam), is the executive head of government of Pakistan, constitutionally designated as the Chief Executive (CE).[9] Popularly elected by direct elections in the parliament, the Prime minister is responsible for appointing a cabinet as well as running the government operations.[9]

The Prime Minister makes key appointments on various important positions, including;

  • The federal secretaries as head of cabinet- level ministries
  • The chief secretaries of the provinces
  • Key administrative and military personnel in the Pakistan Armed Forces
  • The chairmen of large public sector organisations and corporations such as NHA, TCP, PIA, PNSC etc.
  • The chairmen and other members of the federal commissions and public institutions
  • Ambassadors and High Commissioners to other countries

The Cabinet can have a maximum of 11 percent (50 members including the Prime Minister) of the total strength of the Parliament.[10] Each Cabinet member must be a member of Parliament (MP).[11] The Cabinet Ministers chair the Cabinet and are further assisted by the Cabinet Secretary of Pakistan, whose appointment comes from the Civil Services of Pakistan. Other Ministers are Ministers of State, junior members who report directly to one of the Cabinet Ministers, often overseeing a specific aspect of government.[11]

Once appointed by the Prime Minister, all Cabinet Ministers are officially confirmed to their appointment offices by the President in a special oath of ceremony.[11][12]

President

The President of Pakistan is a ceremonial figurehead, a ceremonial head of state representing the unity of the country.

Elected for a five-year term by an indirect election, the electoral college consisting of members of the Senate, National Assembly and the four provincial assemblies, the president is now not eligible for reelection (18th amendment).[11] However no individual may hold the office for more than two consecutive terms. The president may resign or be impeached and removed from office for incapacity or gross misconduct by a two-thirds vote of the members of the parliament.[11]

The President enjoys all constitutional powers and exercises them directly or through officers subordinate to him as per the aforesaid Article 41-Article 47.[13]

The President is responsible for making a wide variety of appointments.[13]

These include:

  • Governors of the Four Provinces
  • The Chief Justice (after concluding the consultation with the Prime Minister)
  • The Chief Election Commissioner (Consultation required from the Prime Minister)
  • The Attorney General and Comptroller and Auditor General

The President, as Head of State also receives the credentials of Ambassadors from other countries, whilst the Prime Minister, as Head of Government, receives credentials of High Commissioners from other members of the Commonwealth, in line with historical tradition.

The President is the civilian Commander in Chief of the Pakistan Armed Forces.[14]

The President of Pakistan can grant a pardon to or reduce the sentence, reprieve and respite, and remit, suspend or commute any sentence passed by any court, tribunal or other authority, particularly in cases involving a death sentence.[13] The decisions involving pardoning and other rights by the President are independent of the opinion of the Prime Minister or the Parliamentary majority. In most other cases, however, the President exercises his or her executive powers on the advice of the Prime Minister.[13]

Judicial branch
Main article: Judiciary of Pakistan

Pakistan's independent judicial system began under the British Raj, and its concepts and procedures resemble those of Anglo-Saxon countries. Institutional and judicial procedures were later changed, in 1950s, under the influence of American legal system to remove the fundamental rights problems.[6] The judiciary consists of the Supreme Court of Pakistan, Provincial High Courts, District Courts, Anti-terrorism courts, Sharia courts, and Environmental courts all over the country; Supreme Court being the superior court.[2] The Supreme Court of Pakistan consists of a Chief Justice, and Senior Justices appointed by the President after consultation with the Chief Justice of Pakistan. The Constitution does not fix the number of justices of the Supreme Court, though it can be fixed by Parliament through an act signed by the President.[15]

Judicature transfer

The Constitution grants powers to the Supreme Court to make judicature transfers.[15] Although the proceedings in the Supreme Court arise out of the judgement or orders made by the subordinate courts, the Supreme Court reserves the right to transfer any case, appeal or proceedings pending before any High Court to any other High Court.[15]

Supreme Judicial Council

Misconduct of judges is highly intolerable as is mentioned in the constitution. Under the mainframe of the Supreme Judicial Council Article 209 an inquiry into the capacity or conduct of a Judge, who is a member of the Council, may be conducted.

Civil service
Main articles: Central Superior Services of Pakistan and Pakistan Administrative Service

The civil service of Pakistan is the permanent bureaucracy of the Government of Pakistan. The civil servants are the permanent officials of the government, occupying a respected image in the civil society. Civil servants come from different cadres (e.g. Pakistan Administrative Service, Police Service of Pakistan etc.) after passing the CSS examinations. Not all the employees of the Government of Pakistan are civil servants; other employees of the Government of Pakistan come from the scientific institutions, state-owned corporations and commissioned military science circles.

In the parliamentary democracy, the ultimate responsibility for running the administration rests with the elected representatives of the people which are the ministers. These ministers are accountable to the legislatures which are also elected by the people on the basis of universal adult suffrage. The cabinet and its ministers are expected to lay down the policy guidelines, and the civil servants are responsible for implementing and enforcing it.

Federal secretaries
Main article: Federal Secretary

The federal secretaries are the most senior, experienced, and capable officials in the country. Each ministry/division has its Secretary to oversee and enforce the public policy matters.

The secretaries, who are basic pay scale (BPS)-22 grade officers, are largely considered to be the most powerful officials in the country.[16][17] Due to the importance of their respective assignments, there are twelve specific federal secretaries which are considered to be the most vital in the Government of Pakistan. These include the Secretary Establishment (responsible for civil service matters), Secretary Commerce (responsible for trade), Secretary Cabinet (responsible for Cabinet Division), Secretary to the Prime Minister (responsible for Prime Minister's Office), Secretary Interior (responsible for law and order), Secretary Finance (responsible for the country's treasury), Secretary Foreign Affairs (responsible for foreign relations), Secretary Maritime Affairs (responsible for ports and shipping), Secretary Power (responsible for the electricity and power sector), Secretary Planning and Development (responsible for development projects), Secretary Petroleum (responsible for the petroleum sector) and Secretary Industries (responsible for industrial development).[18][19]

Management of major crisis situations in the country and coordination of activities of the various Ministries in such situations are the functions of the Cabinet Division. Appointment for the chairman of the FPSC, the prestigious body responsible for the recruitment of elite bureaucrats, is made by the President after consulting the Prime Minister, according to Article 242 of the Constitution.[20]

Elections and voting system
Main articles: Elections in Pakistan and Politics of Pakistan
See also: Election Commission of Pakistan

Since 1947, Pakistan has an asymmetric federal government, with elected officials at the national (federal), provincial, tribal, and local levels. Constitution has set the limit of government for five years, but if a Vote of no confidence movements takes place in the parliament (and prelude of movements are proved at the Judicial branch), the government falls and immediately replaced with caretaker government initiated by the president (consultation of Prime Minister also required to make such move), in regards to Article 58 of the constitution.[21]

There has been four times that the martial law has been in effect, and controversially approved by the supreme court.[11] Through a general election where the leader of the majority winning party is selected to be the Prime Minister.[11] All members of the federal legislature, the Parliament, are directly elected. Elections in Pakistan take place every five years by universal adult suffrage.[11]

Administration and governments

Provincial and Local governments
Main articles: Provincial Governments of Pakistan, local government in Pakistan, and Administrative units of Pakistan

There are four provincial governments that rule the four provinces of the state; the Chief Minister heads the state government. All provincial assemblies are unicameral, elected for five years.[22][22] The Governors appointed by President after consulting the Prime minister, act only as representatives of federal government in the province and do not have any part in running the government.

The provincial governments tend to have the greatest influence over most Pakistanis' daily lives. The tribal and Local government functions at the basic level.[23] It is the third level of government, consisting Jirga in rural tribal areas.[14]

Finances
Main articles: State Bank of Pakistan, National Bank of Pakistan, and Pakistan Remittance Initiative

Taxation and budget
Main articles: Taxation in Pakistan, Federal budget of Pakistan, Tax on cash withdrawal, and Foreign trade of Pakistan

Pakistan has a complex taxation system of more than 70 unique taxes administered by at least 37 tax collection institutions of the Government of Pakistan.[24] Taxation is a debated and controversial issue in public and political science circle of the country, and according to the International Development Committee, Pakistan had a lower-than-average tax take.[25] Only 0.57% of Pakistanis, or 768,000 people out of a population of 190 million pay income tax.[25]

The Finance Minister of Pakistan presents the annual federal budget in the Parliament in the midst of the year, and it has to be passed by the both houses of the Parliament.[26] The budget is preceded by an economic survey which outlines the broad direction of the budget and the economic performance of the country for the outgoing financial fiscal year.[27]

National Finance Commission program overview

Constituted under the Article 160 of the Constitution of Pakistan by the Constitution, the National Finance Commission Award (NFC) program is a series of planned economic programs to take control of financial imbalances and equally manage the financial resources for the four provinces to meet their expenditure liabilities while alleviating the horizontal fiscal imbalances.[28]

According to stipulations and directions of the Constitution, the provisional governments and Federal government compete to get higher share of the program's revenues in order to stabilize their own financial status.[29]

Ministries and divisions
Main article: Cabinet of Pakistan
Federal Government Ministries of Pakistan
 Federal Ministerial Departments  Ministerial Divisions  Creation 
Cabinet SecretariatCabinet Division
Establishment Division
Capital Administration and Development Division
Aviation Division		1947
Climate ChangeClimate Change Division
Commerce and Textile IndustryCommerce Division
Textile Industry Division
CommunicationsCommunications Division1947
DefenceDefence Division1947
Defence ProductionDefence Production Division1972
EnergyPetroleum Division
Power Division
Federal Education and Professional TrainingFederal Education and Professional Training Division
Finance, Revenue, Economic AffairsFinance Division
Revenue Division
Economic Affairs Division
Foreign AffairsForeign Affairs Division
1947
Housing and WorksHousing and Works Division
Human RightsHuman Rights Division
InteriorInterior Division
Information, Broadcasting and National HeritageInformation, Broadcasting and National Heritage Division
Industries and ProductionIndustries and Production Division
Information Technology and TelecommunicationInformation Technology and Telecommunication Division
Inter-Provincial CoordinationInter Provincial Coordination Division
Kashmir Affairs and Gilgit BaltistanKashmir Affairs and Gilgit-Baltistan Division
LabourLabour Division
Law and JusticeLaw and Justice Division
Maritime AffairsMaritime Affairs Division
Narcotics ControlNarcotics Control Division
Parliamentary AffairsParliamentary Affairs Division
Planning and DevelopmentPlanning and Development Division
National Food Security and ResearchNational Food Security and Research Division
National Health Services, Regulations and CoordinationNational Health Services, Regulations and Coordination Division
Religious Affairs and Inter-faith HarmonyReligious Affairs and Inter-faith Harmony Division
States and Frontier RegionsStates and Frontier Regions Division
StatisticsStatistics Division
Overseas Pakistanis and Human Resource Development Overseas Pakistanis and Human Resource Development Division
Postal ServicesPostal Services Division
PrivatisationPrivatisation Division
Science and TechnologyScience and Technology Division
Water ResourcesWater Resources Division
RailwaysRailways Division

Departments
Main article: List of federal agencies of Pakistan

Issues

Corruption
Main article: Corruption in Pakistan
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See also

References
  1. "About Government". Government of Pakistan. Archived from the original on 24 October 2007. Retrieved 5 March 2009.
  2. Govt. of Pakistan. "Government of Pakistan". Government of Pakistan. Government of Pakistan. Archived from the original on 11 June 2013. Retrieved 18 June 2013.
  3. "Government tenure ends marking ten years of democracy in Pakistan". www.geo.tv.
  4. "Here are the highest paid govt departments - The Express Tribune". tribune.com.pk.
  5. Constitution of Pakistan. "Part III: The Federation of Pakistan— Chapter 3: The Federal Government". Constitution of Pakistan. Retrieved 19 June 2013.
  6. "Chapter 3: Tribal Areas". Chapter 3: Tribal Areas. Retrieved 19 June 2013.
  7. "pakistanlaw.net". www.pakistanlaw.net. Archived from the original on 9 November 2018. Retrieved 19 June 2013.
  8. "Please overview: the Court system of Pakistan". Missing or empty |url= (help)
  9. "Prime Minister of Pakistan". Govt. Pakistan. Archived from the original on 10 July 2014. Retrieved 19 June 2013.
  10. Wasim, Amir (15 May 2013). "18th amendment limits cabinet size".
  11. Information and Mass-Media Broadcasting Ministry of Pakistan. "President". Information and Mass-Media Broadcasting Ministry of Pakistan. Archived from the original on 24 June 2013. Retrieved 19 June 2013.
  12. "Prime Minister Imran Khan to chair federal cabinet meeting - Samaa Digital". Samaa TV.
  13. Const. Pakistan. "Chapter 1: The President". Part III: The Federation of Pakistan. Retrieved 19 June 2013.
  14. "Chapter 2: Armed Forces". Part XII: Miscellaneous. Retrieved 19 June 2013.
  15. "Part VII: The Judicature". Retrieved 19 June 2013.
  16. "Promotions: PM appoints 15 federal secretaries - The Express Tribune". 7 January 2015.
  17. "PM appoints new Cabinet Division, Establishment secretaries - Samaa TV". www.samaa.tv.
  18. https://www.thenews.com.pk/print/396295
  19. "Lobbying on for post of finance secretary - The Express Tribune". tribune.com.pk.
  20. "Part XII: Miscellaneous". Part XII: Miscellaneous. Retrieved 19 June 2013.
  21. "Article 58". 58 Dissolution of the National Assembly. Retrieved 20 June 2013.
  22. "Chapter 3: The Provincial Governments". Retrieved 20 June 2013.
  23. NRB. "The Local Government System 2001". National Bureau of Reconstruction. National Bureau of Reconstruction. Archived from the original on 25 January 2009. Retrieved 20 June 2013.
  24. Horrigan, Kevin (26 September 2010). "Take a lesson from Pakistan: Taxes are for suckers". Saint Louis Post-Dispatch. Retrieved 7 November 2010.
  25. "Stop extra UK aid to Pakistan unless taxes increase, urge MPs". BBC Pakistan Bureau. 4 April 2013. Retrieved 20 June 2013.
  26. Ghauri, Irfan (12 June 2013). "Economic plans: Govt set to unveil Rs3.5tr budget today". Express Tribune. Retrieved 12 June 2013.
  27. "Govt unveils 'business friendly' budget for FY 2013–14". GEO News. 12 June 2013. Archived from the original on 15 June 2013. Retrieved 12 June 2013.
  28. Const. Pakistan. "Finance, Property, Contracts and Suits". Constitution of Pakistan. Constitution of Pakistan. Retrieved 4 May 2013.
  29. Sabir, Mohammad. "7th NFC and Its Implications" (PDF). Social Policy and Development Centre. Social Policy and Development Centre. Archived from the original (PDF) on 16 June 2013. Retrieved 4 May 2013.
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