Pakistan’s System of Government and the Role of Checks
and Balances
Introduction Pakistan follows a parliamentary democratic system, which means
that the head of government (the Prime Minister) is selected from the majority
party in the legislature (Parliament). The government is divided into three distinct
branches: the executive, legislature, and judiciary. This system is based on the
principle of separation of powers, ensuring that power is not concentrated in a
single branch and allowing for a system of checks and balances. This lecture will
examine the roles and responsibilities of these branches and how checks and
balances operate to maintain accountability.
1. The Executive Branch
1.1 Leadership and Structure
The executive branch is led by the Prime Minister, who is the head of government
and exercises executive authority. The Prime Minister is supported by a cabinet of
ministers responsible for various portfolios. The President of Pakistan, though
largely ceremonial, serves as the head of state and holds reserve powers under the
Constitution.
1.2 Key Roles and Responsibilities
Implementation and Enforcement of Laws: Once laws are passed by the
legislature, the executive is responsible for their implementation. This
involves the day-to-day administration of policies, regulations, and
government decisions.
Policy Formulation and Governance: The executive, under the leadership
of the Prime Minister, sets the government's policy agenda. This includes
everything from economic policies to foreign relations and defense
strategies.
Appointment of Key Officials: The Prime Minister appoints ministers,
heads of government departments, and senior civil servants. In consultation
with the judiciary, the President appoints judges and, on the advice of the
Prime Minister, can appoint ambassadors and other key officials.
Foreign Relations and National Security: The executive conducts
diplomacy, negotiates international agreements, and oversees national
defense and military affairs. The Prime Minister is the ultimate decision-
maker on matters of national security and foreign policy, with the military
also playing a significant advisory role.
1.3 The Prime Minister's Cabinet
The Prime Minister’s cabinet consists of ministers responsible for key departments
such as finance, foreign affairs, interior, and defense. Each minister is tasked with
managing the day-to-day operations of their respective ministries and ensuring that
government policies are implemented effectively.
1.4 The Role of the President
Although the President’s role is largely ceremonial, they hold constitutional
reserve powers that can be exercised under certain circumstances. For example,
the President can dissolve the National Assembly on the advice of the Prime
Minister or in situations of political deadlock. The President also serves as the
Commander-in-Chief of the armed forces, although these powers are generally
exercised on the advice of the Prime Minister.
2. The Legislative Branch
2.1 Structure of Parliament
The Parliament of Pakistan is a bicameral body, consisting of the National
Assembly and the Senate:
The National Assembly: This is the lower house of Parliament, with
members directly elected by the people every five years. It is the principal
law-making body and controls the federal budget.
The Senate: The upper house, with members indirectly elected by the
provincial assemblies. The Senate provides equal representation to all
provinces, irrespective of their population size, and serves as a stabilizing
factor in the federal structure of the country.
2.2 Key Roles and Responsibilities
Law-Making: Parliament has the authority to make, amend, and repeal
laws. Both the National Assembly and the Senate must pass a bill before it
becomes law. The process of passing legislation often involves rigorous
debate and discussion in both houses.
Approving the Federal Budget: Parliament controls the public purse. Each
year, the federal budget is presented in the National Assembly, where it must
be approved through a majority vote. This budget outlines the government's
revenue and expenditure for the fiscal year.
Oversight of the Executive: Parliament exercises oversight over the
executive branch through mechanisms such as parliamentary questions,
debates, and committees. It can summon ministers to explain government
decisions and actions.
International Treaties and Agreements: Parliament plays a role in
ratifying international agreements and treaties, ensuring that foreign policy
decisions reflect national interests and have legislative backing.
2.3 The Role of Parliamentary Committees
Parliamentary committees are specialized bodies tasked with scrutinizing
government policies and actions. Committees are responsible for reviewing bills,
overseeing government expenditures, and conducting inquiries into matters of
national importance. These committees ensure greater transparency and allow
detailed examination of complex issues.
2.4 The Role of Political Parties and Elections
Political parties in Pakistan play a crucial role in the legislative process. The party
or coalition with the majority in the National Assembly forms the government.
National elections, held every five years, determine the composition of the
National Assembly. These elections are essential to the democratic process,
allowing citizens to choose their representatives.
3. The Judiciary
3.1 Structure of the Judiciary
The judiciary in Pakistan is independent and is structured into various levels:
The Supreme Court: The apex court, it has the power to interpret the
Constitution, adjudicate disputes between provinces or between provinces
and the federation, and review the legality of laws and executive actions.
High Courts: Each province has its own High Court, which hears appeals
from lower courts and addresses constitutional and civil matters at the
provincial level.
Lower Courts: These courts handle criminal and civil cases at the district
and local levels.
3.2 Key Roles and Responsibilities
Interpreting the Constitution: The judiciary has the final authority to
interpret the Constitution, ensuring that laws passed by the legislature and
actions taken by the executive are in line with constitutional principles.
Judicial Review: The courts can invalidate laws or executive actions if they
are found to violate fundamental rights or constitutional provisions. This role
serves as a key check on the powers of the legislature and executive.
Dispensing Justice: The judiciary is responsible for resolving disputes, both
civil and criminal, and ensuring that justice is served fairly and impartially.
Ensuring Rule of Law: By ensuring that all individuals and institutions,
including the government, are subject to the law, the judiciary maintains the
rule of law and safeguards citizens' rights.
3.3 Appointment and Independence of Judges
Judges are appointed by the President on the recommendation of the Judicial
Commission, which includes senior judges and other key officials. This system is
designed to ensure the independence of the judiciary from political interference.
4. The System of Checks and Balances
4.1 Overview of Checks and Balances The system of checks and balances in
Pakistan’s government ensures that no single branch becomes too powerful. Each
branch has mechanisms to limit the powers of the others, creating a balance that
promotes accountability and the rule of law.
4.2 Executive Checks
The Prime Minister and their cabinet are subject to parliamentary oversight.
Parliament can question ministers, request reports, and demand
accountability for government policies.
The President can dissolve the National Assembly on the advice of the
Prime Minister or in cases of political instability. This prevents the executive
from governing indefinitely without electoral mandate.
4.3 Legislative Checks
Parliament has the power to remove the Prime Minister through a vote of
no-confidence. This ensures that the executive remains accountable to the
legislature.
Budgetary control resides with Parliament, meaning the executive must
gain legislative approval for spending.
The Senate, through equal provincial representation, ensures that smaller
provinces have a voice in national governance, balancing regional interests
against federal authority.
4.4 Judicial Checks
The judiciary can review and nullify laws passed by Parliament or executive
actions if they are deemed unconstitutional. This ensures that the legislative
and executive branches operate within the bounds of the Constitution.
Through judicial independence, the courts can act as a check on political
abuse or overreach by either the legislature or executive.
Conclusion
Pakistan’s parliamentary democracy is structured around the separation of powers
among the executive, legislature, and judiciary. Each branch has specific roles and
responsibilities designed to ensure the smooth functioning of the state. The system
of checks and balances is integral to this structure, ensuring that no single branch
can dominate, and accountability is maintained across the government. This
complex interplay of powers safeguards democratic principles, maintains the rule
of law, and provides mechanisms to address power imbalances, ensuring a fair and
just system of governance.
