CHAPTER NUMBER 5

Administrative Structure of Pakistan and the Concept of Good Governance

Exercise Short Questions

Q.1. Enumerate the subjects enlisted in the Federal list.

Answer

This list contains the subjects on which only the Federal Parliament can legislate. The important matters
enumerated in the list are:

• Armed forces
• Nuclear Energy
• Flaming
• Foreign Affairs
• Communication

Q.2. Enumerate the important subjects included in the concurrent list.

Answer

This list contains the subjects which are only in the concurrent list

• Health
• Education
• Criminal and Civil Law
• Armament
• Family Planning
• Irrigation

Q. 3. Write a note on the federal judiciary (The Supreme Court)

Answer

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 are appointed by the president after the
consultation with the chief justice. The chief justice and judges of the Supreme Court may remain in
office until age sixty-five.

Q. 4. What are the obstacles in the way of good governance?

Answer

The obstacles in the way of good government are:

• Bad citizenship
 • Illiteracy and Ignorance
• Poverty
• Ware culture
• Oppressive Political System
• A social system based on corruption and dishonest practices

Q. 5. Give an account of the system of accountability adopted in Hazrat Omer (RA) government.

Answer

Hazrat Omer (RA) kept a watch over his governors like a hawk, and as soon as any lapse on their part
came to his notice, immediate action was taken. Before assuming his responsibility, a governor was
required to declare his assets and a complete inventory of his possessions was prepared and kept in
record.

Q. 6. What measure was taken by Hazrat Omer (RA) to ensure social security.

Answer

Hazrat Omer (RA) took particular steps to build a social order according to the teachings of Islam. He
brought about far-reaching reforms in the social, economic and political sphere of collective life. It is but
he who could say “If a dog dies at the bank of Euphrates, Omer will be responsible for that”.

Exercise Long Questions:

Q1. What is the composition of the Federal legislature in Pakistan? (Separate narration of Senate
and National Assembly composition is no required)

Answer

The formation of the Federal Legislature

The Federal Legislature (Majlis-e-Shoora) consists of a lower house and an upper house. The lower
house, the National Assembly, has 2017 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 with 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. 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 defence,
nationality and citizenship, foreign affairs, civil service, and a wide range of other items may be
introduced only in the National Assembly. I the Assembly passes the legislation; it is forwarded to the
Senate. Within ninety days the Senate may either pass the bill with or without amendments or reject it.
The National Assembly reconsiders an amended or rejected the bill, and if passes 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 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. 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 several 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
advices on the conformity of legislative proposals and executive administration to Islamic principles.

2. Write a detailed note on national assembly and senate of Pakistan

Answer

National Assembly

According to the Constitution of 1973, the Islamic Republic of Pakistan is a Federal State comprising four
provinces of Baluchistan, the North-West Frontier Province (NWFP), the Punjab and Sindh, Islamabad as
the capital territory; and the Federally Administrated tribal Areas (FATA). These federating units offer a
lot of diversity and variety in terms of languages, levels of social and economic development, population
density and climate condition. At the Federal level, the focal point of the political arrangements is the
Parliament, which comprises the President, the National Assembly and the Senate.

Sovereign Legislative Body

The National Assembly of Pakistan is the country’s sovereign legislative body. It embodies the will of the
people to let them be governed under the democratic, multi-party Federal Parliamentary System. Through
its debates, adjournment motion, question hour and Standing Committees, the National Assembly keeps
as check over the Executive and ensures that the government functions within the parameters set out in
the Constitution and does not violate the fundamental rights of citizens. Only the National Assembly,
through its Public Accounts Committee, scrutinizes public spending and exercises control of expenditure
incurred by the government.

Tenure

The National Assembly is elected for a five-year term based on adult franchise and one-man-one-vote. In
a country with 97 percent Muslim population, and minimum chance of a non-Muslim securing a general
seat, 10 seats have been reserved for non-Muslims in a House of 342 sears. 60 seats are reserved for
women who are indirectly filled based on a proportional representation system based on the number of
general seats won by each political party from the province concerned in the National Assembly.

Functions

The National Assembly is required by the Constitutional to meet for a minimum of 130 working days in a
year. Its working is normally divided into various sessions. The busiest session coincides with the passage
of the federal budget in May/June every year. The National Assembly enjoys exclusive powers to
consider money bills including the annual budget. The Prime Minister is, as such, a member of the
National Assembly who enjoys the confidence of the majority of the members in the House. The Cabinet,
in turn, is collectively responsible to the Assembly.

The Speaker

The National Assembly is presided over by the Speaker who is given wide powers to regulate the working
of the legislature. Also, the Speaker is the spokesman of the house to the outside world and is supposed to
be non-partisan in his approach.

Legislation

The main purpose of the legislature is to make laws in respect of matters enumerated in the Federal
Legislative List as well as the Concurrent Legislative List.

Composition and Elections

There are 345 seats in the National Assembly of Pakistan. Every citizen of Pakistan aged 26 or above is
eligible to become a member of the House if he or she wins from his or her electoral ward in an election.
The people in competitive multi-party elections, to be held at most five years apart, elect members of the
National Assembly.

Dissolution

The President of Pakistan may dissolve the Assembly before the end of its regular five-year term, at his
initiative. Supreme Court approval or veto- or at the initiative of the Prime Minister. If dissolved, new
elections are conducted for the Assembly. Article 58-B of the Constitution of Pakistan deals with the
dissolution of the Assembly.

Article 58

The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National
Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours the Prime
Minister has so advised.

Senate

Introduction of a bicameral Majlis-e-Shoora (Parliament) under the Constitutional of the Islamic Republic
of Pakistan, adopted on April 12, 1973, led to the creation of the Senate of Pakistan as a legislative body
in addition to the National Assembly. The Senate of Pakistan is the Upper House of Parliament. It came
into existence on August 6, 1973, when the members took the oath of office and signed the Roll of
Members.

Composition

The Senate, as a legislative body, derives equal representation from all the four federating units and has a
total membership of 100. The Provisional Assemblies of the four provinces elect 22 members each from
their respective provinces. Of this, 14 are for general seats and 4 for seats reserved of Ulema, professional
and technocrats and 4 women. Eight members represent the FATA, whereas the Federal Capital has four
seats in the Upper House of Parliament.

Elections

The Senate of Pakistan is a permanent legislative body and symbolizes a process of continuity in national
affairs. The Constitution lays out the methodology for the election of the Senate. About one-half of the
members are elected for a six-year term after every three years. The qualifications required for a member
to be elected to the Senate are that he should not be less than thirty years of age and should be registered
as a voter in an area of the province from where he is seeking election.

Chairman and Deputy Chairman

Chairman and Deputy Chairman hold office for three years. The Senators through secret ballot elect them
by a majority vote when the vacancy occurs. The Chairman, under the Constitution, may be called upon
to act as President of Pakistan during the absence abroad of the President or after the office of the
President becomes vacant by resignation, death or removal. He would hold the office of the President till
a person, formally elected as President, takes over by the Constitution.
Working Days

The Senate is required to meet for a minimum of 90 days and hold at least three sessions in a year. It is
summoned and prorogued by the President. The Chairman of the Senate is also competent to call a
session requisitioned by at least ¼ of the total members of the House, and is also empowered to prorogue
a session summoned upon the requisition of members.

Secretariat

The Senate has its secretariat to regulate its work and maintain its administrative setup. Secretary of the
Senate is the administrative head of the Secretariat. He is also ex-office Secretary of all the Senate
Committees.

Journal

The Senate maintains a verbatim record of proceedings, which is supplied to members on-demand. It also
brings out a journal containing a brief account of the Senate proceedings, information regarding
committees and any other matter of interest, which the Chairman may like to include.

Q. 3. What is the composition of federal administration under the 1973 constitution? Also, enlist its
important functions?

Answer

Compulsory Functions of Urban Councils

Pakistan four provinces enjoy considerable autonomy. Each province has a governor, a Council of
Ministers headed by a chief minister appointed by the governor, and a provincial assembly. Members of
the provincial assemblies are elected by universal adult suffrage. Provincial assemblies also have reserved
seats for minorities. Although there is a well-defined division of responsibilities between federal and
provincial governments, there are some functions on which both can make laws and establish departments
for their execution. The provincial governments, for example, provide most of the services in areas such
as health, education, agriculture and roads. Although the federal government can also legislate in these
areas, it only makes national policy and handles international aspects of those services.

The Legislative Organ of the Government

Federal Legislative of Pakistan has been named as Parliament. Our Parliament is bicameral. It is
composed of two houses:

• The National Assembly

• The Senate

The bicameral federal legislature consists of the Senate (upper house) and National Assembly (lower
houses, According to Article 50 of the Constitution, the National Assembly, the Senate and the President
together make up a body known as the Majlis-e-Shoora (Council of Advisors)
The National Assembly

The Members of the National Assembly are elected by universal adult suffrage (over eighteen years of
age in Pakistan). Seats are allocated to each of the four provinces, The Federally Administrated Tribal
Areas, and Islamabad Capital Territory based on 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. Elections for minority seats are held based on separate electorates at the same time as the
polls for Muslim seats during the general elections.

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 Administrated Tribal Areas and 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 a new
president can be formally elected. Both the Senate and the National Assembly can initiate and pass
legislation except for 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 President cannot dissolve the Senate.

The Executive Part of the Government

The executive organ of the government is formed of:

• The President
• The Prime Minister

The President

The president, in keeping with the constitutional provision that the state religion is Islam, must be a
Muslim. Elected for a five-year term by an Electoral College consisting of members of the Senate and
National Assembly and members of the provincial assemblies, the president is eligible for re-election. But
no individual may hold the office for more than two consecutive terms. The president can dissolve the
National Assembly. “In his direction were in his opinion…… a situation has arisen in which the
government of the federation cannot be carried on by the provisions of the constitution and an appeal to
the electorate is necessary”. The Thirteenth Amendment, which was passed in 1997, revoked this power.
In December 2003, the president’s power was partially restored by the Seventeenth Amendment. In April
2004, an Act of Parliament that established the National Security Council, a body chaired by the
President, augmented the presidency’s influence.

Prime Minister and Cabinet

The President among the members of the National Assembly appoints the prime minister. 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 the ministers, ministers of
state, and advisers.
Federal Judiciary:

The Judiciary includes:

• The Supreme Court

• Supreme Judicial Council

Supreme Court

The Supreme Court has original, appellate, and advisory jurisdiction. The president appoints the chief
justice of the Supreme Court, the president appoints the other Supreme Court judges after consultation
with the chief justice. The chief justice and judges of the Supreme Court may remain in office until age
sixty-five.

Supreme Judicial Council

Supreme Judicial Council can make recommendations about the removal of a judge based on serious
disability.

Q. 4. Give an estimate of Hazrat Omer’s (RA) system of government

Answer

Despite much rhetoric on the part of governments of various hues, good governance, rule of law and real
democracy is a dream that unfortunately does not seem to come true in the Islamic world. For a sincere
government, however, there is a lot to learn in the way Hazrat Omer (RA), the rightly-guided second
caliph, ruled more than 14 hundred years ago.

Hazrat Omer’s (RA) Caliphate

The total area of his caliphate was around 23 lac sq. miles with continuously expanding its frontiers. To
rule over such a big caliphate stretched from Libya to Makran and from Yemen to Armenia, Hazrat Omer
(RA) had to establish an entirely new administrative system. For the Arabs, it was for the first time that
such a central government was established.

Hazrat Omer’s (RA) Democracy

Hazrat Omer (RA) believed in shura and what today we call the devolution of power. He would not
decide without the consultation of the assembly of the great companions. Common people were also
consulted on matters of special significance.

Consultation

He used to say “There is no concept of a caliphate without consultation”. The roots of modern democracy
can be seen in the administration of Hazrat Omer (RA) at a time when the whole world was ruled by
despotic kings and emperors.
Vigilance and accountability

Hazrat Omer (RA) divided the whole country into provinces and smaller units. He followed a very strict
standard for the appointment of governors and took particular care to appoint men of approved integrity to
high offices under the state. He kept a watch over them like a hawk, and as soon as any lapse on their part
came to his notice, immediate action was taken. Before assuming his responsibility, a governor was
required to declare his assets and a complete inventory of his possessions was prepared and kept in
record. If an unusual increase was reported in the assets of a governor, he was immediately called to
account and the unlawful property was confiscated by the state. At the time of appointment, a governor
was required to pledge:

• That he would not ride a Turkish horse

• That he would not wear fine clothes
• That he would not eat sifted flour
• That he would not keep a porter at his door; and
• That he would always keep his door open to the public

That is how it was ensured that governors and principal officers would behave like common people and
not like some extraordinary or heavenly creatures.

Service above self

Hazrat Omer (RA) was a man of inflexible integrity. He believed in simplicity and had contempt for
pomp and luxury. Strong sense of justice, accountability before the law, and equality for all were some of
his cherished ideals. He took particular pains to provide effective, speedy and impartial justice to the
people.

Supremacy of Law

He was the first ruler in history to separate the judiciary from the executive. Qazi’s judges were appointed
in sufficient numbers at all administrative levels for the administration of justice. They were chosen for
their integrity and learning in Islamic law. High salaries were fixed for them and they were not allowed to
engage in trade.

In one of his ordinances issued to judicial officers, Hazrat Omer (RA) laid down the following principles:
“Verily justice is an important obligation to God and man. You have been charged with this
responsibility. Treat the people equally in your presence, in your company, and your decisions, so
that the weak despair not of justice and the high-placed have no hope of your favour…”

Social security

Hazrat Omer (RA) took particular steps to build a social order according to the teachings of Islam. He
brought about far-reaching reforms in the social, economic and political sphere of collective life. It is but
he who could say: “If a dog dies at the bank of Euphrates, Omer (RA) will be responsible for that”.
Rights of Minorities

The caliph upheld the principle that there is no coercion in religion and the non-Muslim population was
guaranteed life, liberty and property. The non-Muslims were treated as full citizens of the state. Even on
his death-bed, the caliph thought of the state’s responsibility to the non-Muslim citizens.

In his bequest to his successor, he said

“My bequest to my successor is that covenants with Ahl-ud-Dhimma i.e., the people of the
Covenant or Obligation should be observed faithfully. They should be defended against all
invasions. No injustice should be done to them. They should be treated as full-fledged citizens and
should enjoy equality before the law. Their taxes should be fair, and no burden should be imposed
on them which they cannot bear.

Hazrat Omer’s (RA) treatment for the non-Muslims was exemplary. The Muslims wanted to build a
mosque in Syria. For that purpose, the house of Christian was demolished. When Hazrat Omer (RA) got
this news, he restored the Christian’s house.

Equality

The high standard of integrity that Hazrat Omer (RA) set for himself and his family members should be
emulated by the rulers of today, particularly those of the Muslim world. The allowance that he drew was
just enough for a person of average means, When the people around him insisted that his allowance
should be raised, he refused to accept any increase. He ate the most ordinary food and wore clothes of the
coarsest cloth. Once he was late for the Friday prayer and the explanation that he offered was that he had
his clothes washed, and took some time to dry which delayed his departure for the mosque. The envoy
found no place and no guard. He found the caliph sitting in the mosque in the company of ordinary
people. When he went to Palestine to receive the surrender of the city of Jerusalem the world witnessed
the strange spectacle of his slave riding the camel, and he walking on foot holding the reins of the camel.

Service of the People

He created a land revenue department and was the first ruler under whom the survey and assessment work
of land was undertaken. He was the first Muslim ruler to take a census, strike coins, organize police
department, and set up jails. He established guest houses in all cities, rest houses on road-side from
Madinah to Makkah for the comfort of travelers.

Diminished Slavery

Hazrat Omer (RA) took special measures to minimize slavery. He ordered that any female captive who
had given birth to a child should not be sold as a slave. He established schools through the country and
allowed generous salaries to school teachers. His caliphate was, in fact, great welfare and egalitarian state.

Conclusion

Hazrat Omer (RA) was a great companion and a loyal friend of the Holy Prophet (PBUH), May peace and
blessings of Allah be upon him. Before his death, Hazrat Abu Bakar, with the consultation of the
Companions, had appointed him as the Caliph. He was assassinated by a Persian free slave, Abu Lulu
Fairoz, and embraced Shahadat on first of Muharram, 24 Hijri.

Q. 5. Write an essay on concept of good governance in Islam

Answer

Concept of Good Governance in Islam

Islamic pattern of state demands that the relationship between the Individual and the sate are organized on
a pattern that should neither cause stress and oppression for the individual, nor allow the government to
exert its authority autocratically. Islam wants to create a political culture based on complete balance
between the objectives observing certain principles. The Islamic conduct of state is based on the
following guiding of the state and aspirations of the citizens: These Islamic principles can he upheld by
state

• People should be allowed to exercise their free will in the selection of the head of the state. He
should be a person distinguished due to his outstanding merits of knowledge and Allah fearing
(taqwa). Quran says. Verily most honored of you who is the most righteous of you in the sight of
Allah is (Surah al-hujurat. Ayat:13)
• All the institutions of the state should be run strictly according to law. All citizens should be
equal before law.
• Basic social, political and religious rights of the citizens should be safeguarded. All the citizens
should enjoy equal freedom.
• Usury (riba) should be strictly prohibited and accumulation of wealth discouraged. It should be
the duty of the state to collect Ushr, Zakat, Khums, and Sadaqaat from the wealthy and spend it
for the uplift of the poor and the destitute.
• No discrimination among the citizens should be made on the basis of colour, race, and place of
domicile, language, creed or gender.
• The state should take the responsibility of providing all the citizens with basic human needs.
These basic needs include food, shelter, dress, old age pension and health facilities.
• An Islamic state should administer justice without discrimination. Allah had ordered and all the
Muslims to do justice, whatever the circumstances be. Quran say...... and let not the hatred of
others to you make you swerve to wrong and depart from justice, be just, that is next to piety; and
fear Allah.... (Surah al-maidah, Ayat:8)
• An Islamic state should discourage all moral vices like lying, breaking of the promise and
covenant, backbiting and untrue allegation, and miserliness greed and avaria,taking bribe, usurp,
theft, robbery, falling short the balance and measurement, drinking gambling, arrogance, and
hypocrisy.