Legislative Role

The main role of the legislative branch is to create and update the constitution
through amendments. It is one of the three main branches of government and sets
the legal framework that guides the other two branches (executive and judiciary).
The legislature should be made up of elected representatives who can work
independently, without outside pressure.

Organization of the Legislature

1. Number of Members
The legislative assembly should represent all segments of society while keeping the
number of members manageable to ensure productive debates and discussions.
2. Duration (Tenure)
The tenure of the legislative assembly should be balanced – long enough to allow
effective work but not so long that the representatives no longer reflect the public’s
current views.
3. Representation Principles
Representation is organized so that each constituency (region) elects a
representative based on population and geography. This setup allows for equal
representation of the population across the legislative assembly.

Functions of the Legislature

1. Legislation
Legislation is the primary responsibility, involving the creation and revision of laws.
Members of the legislature represent the public, so they must act in the best
interest of the people. They review, debate, and either approve or reject new laws
after careful consideration.
2. Financial Functions
The executive (government) needs funds to function. The legislative approves the
budget and expenditure, ensuring the government spends within agreed limits. The
executive presents an annual budget, which the legislature reviews, modifies, and
approves.
3. Executive Functions
In democratic societies, the legislature has some control over the executive branch.
For example:
 In parliamentary systems, the cabinet, formed by the Prime Minister, must
answer to the legislature.
  The President in certain systems must consult the legislature before key
appointments or entering international agreements.
4. Judicial Functions
The legislative body sometimes handles judicial duties, like overseeing
impeachment processes. For example:
 In the USA, the Senate can impeach the President and other officials.
 In the UK, a committee of the House of Lords acts as the country’s highest
court for certain cases.
5. Amending the Constitution
The legislative branch also has the authority to make changes to the constitution,
adapting it to meet modern requirements or national needs.
6. To Address public complaints

Role of the Executive

After laws are created by the legislature, it’s the job of the executive branch to
implement and enforce them. The executive includes all levels of civil employees,
from police officers to the President, but in its core form, it refers to the top leaders
like the Prime Minister or President and their cabinets.
The main functions of the executive are to ensure that the constitution is followed,
maintain order, and manage the country’s day-to-day administration.

Key Functions of the Executive

1. Managing the Administration
The executive is responsible for enforcing the laws passed by the legislature and
managing the country according to these laws. This includes protecting the country
from foreign threats, keeping internal law and order, and organizing armed forces
and police.
2. Legislative Functions
The head of the executive (like the Prime Minister or President) can call, postpone,
or end legislative sessions. They can also issue temporary laws called ordinances
when the legislature is not in session to handle urgent issues. In a presidential
system, the President may even have the power to modify or reject laws passed by
the legislature.
3. Judicial Functions
The head of the executive has the authority to appoint judges to higher courts (like
the High Court and Supreme Court). They also have the power to reduce, delay, or
cancel a person’s punishment based on appeals.
4. Financial Functions
The executive is responsible for preparing the annual budget through the Ministry of
Finance. This budget is then presented to the legislature for approval. Once
approved, the executive manages the government’s finances according to this
budget.
5. Foreign Relations
Another important role of the executive is to establish and implement the country’s
foreign policy, ensuring it serves national interests. This includes negotiating and
signing treaties and agreements with other countries.

Each of these functions allows the executive to manage and operate the country
effectively, based on the laws and policies set forth by the legislature.

Key Functions of the Judiciary

1. Ensuring Justice and Fairness
The main role of the judiciary is to ensure justice. Courts handle cases
independently, punishing those who are guilty and protecting those who are
innocent. Higher courts also review cases from lower courts to ensure fairness. An
independent judiciary prevents governments from making unfair decisions, and
people can rely on courts if their basic rights are violated. In this way, the judiciary
protects public rights.
2. Interpreting the Law
Laws aren’t always clear for every situation. When this happens, judges interpret
the law to make fair decisions. The rulings they make become "precedents," which
means they serve as examples for future cases. These precedents guide other
judges and have similar importance to written laws.
3. Interpreting the Constitution
The constitution sets out the roles of both national and regional (state/provincial)
governments. When conflicts arise between these levels, the Supreme Court has the
final say. Its decisions are binding, meaning all parties must follow them.
4. Reviewing Laws
In countries with a written constitution, the judiciary has the authority to review
laws created by the legislature. If a law contradicts the constitution, the Supreme
Court can change or cancel it through "judicial review." This power helps ensure that
laws stay in line with the country's foundational principles. For example, the U.S.
Supreme Court has this authority.
5. Providing Advice
Sometimes, the head of the government or state might ask the Supreme Court for
advice on legal matters. While they aren’t required to follow this advice, it is
generally respected and often used to make decisions.

Forms of Government: Democracy

What is Democracy?
Today, various types of government systems exist, but the most popular form is
Democracy. Many nations consider it the best system of government. Democracy
is often described as "the people's government" because it is based on the idea that
power comes from the people.
Definition of Democracy
The word "Democracy" comes from two Greek words: "demos" (people) and
"kratos" (power). This means "power of the people" or "government by the
people".
Definitions by Famous Thinkers:
1. Abraham Lincoln: “Democracy is a government of the people, by the
people, for the people.”
2. Professor Seeley: Democracy is a form of government where everyone
shares power.
3. Gettell: A system where most of the public has a right to participate in
government.
4. Herodotus: A government where power is not controlled by one group but
by society as a whole.
5. Lord Bryce: A government where the majority rules and truly represents the
people.

Merits of Democracy
1. Sign of Human Honor and DignityDemocracy treats everyone with
respect, allowing people to have control over their own lives and decisions. It
promotes awareness of human rights and encourages people to stand up for
their rights.
 2. Political FreedomIn a democracy, people are aware of their rights and can
freely express their opinions about the government. This allows the
government to understand its weaknesses and improve. If people are
unhappy, they can peacefully vote for a new government.
3. Justice and EqualityDemocracy promotes equality by treating all citizens
the same under the law, no matter their background. Everyone has equal
opportunities to seek justice.
4. Social WelfareA key goal of democracy is to provide basic services to
everyone, such as healthcare and education. This system allows people to
work for the good of society, knowing it will benefit everyone.
5. A Learning EnvironmentDemocracy encourages discussion and collective
decision-making. It promotes personal growth, education, and ethics, helping
create a healthy society.
6. A Strong GovernmentSince people participate in government decisions,
they can hold representatives accountable. They can choose new leaders in
elections if they feel their representatives are ineffective.
7. Defense Against RevolutionsIn democracies, people can change the
government through legal and peaceful means. This prevents dissatisfaction
and revolts, unlike in dictatorships where change is harder to achieve.

Demerits of Democracy
1. Rule by Simple MajorityDemocracy focuses on the majority, sometimes
ignoring the wisdom or expertise needed for complex issues. This can lead to
unwise decisions if the majority lacks experience.
2. Dictatorship of the MajorityThe majority can pass laws that may
disadvantage minorities, sometimes leading to unfair treatment or limited
rights for smaller groups.
3. Leadership by Ordinary PeopleSince the majority rules, leaders may lack
experience or wisdom, leading to poor decisions. Laws can be flawed or less
effective due to lack of expertise.
4. Easy Manipulation of the PeopleMany people may lack understanding of
the political system, making it easier for power-hungry individuals to
influence them and stay in power.
5. Weak GovernmentWith multiple political parties, no single party may have
enough power to lead effectively. Coalition governments (formed by alliances)
are often weak, and leadership changes frequently.
6. Slow Response in EmergenciesDemocracies can be slow to make
decisions, especially in urgent situations. In emergencies, this delay can
worsen the crisis.
 7. Lack of IndividualityParty members in a democracy often follow party
rules, limiting independent thought and innovation.
8. Corruption and FavoritismSome representatives may use unethical means
to stay in power, promoting favoritism to win votes and please supporters.

In summary, democracy provides a system where people have rights, freedoms,

and equality, but it also faces challenges, such as slow decision-making and the
potential for corruption.

Dictatorship
What is Dictatorship?
The word "Dictator" comes from Latin and means a leader with absolute power.
In a dictatorship, all control rests with one person (the Dictator) who does not seek
input from others. The dictator makes decisions independently, considers their ideas
as law, and does not allow any form of opposition.
Typically, a dictator gains power through military support and remains in control as
long as the military backs them. They use any means necessary to stay in power,
often eliminating opposition, including political parties. In this system, everyone
must answer to the dictator, but the dictator is answerable to no one.
John Austin famously said, "Whatever a dictator thinks is the law."

Merits of Dictatorship
1. Efficient Decision-MakingSince decisions are made by one person without
debate, things can happen faster. For instance, after Germany faced severe
collapse, Hitler, as a dictator, quickly rebuilt it due to his single-handed
control.
2. Stable PoliciesWith no opposition, policies remain consistent, allowing long-
term national projects to continue without interruption.
3. Increased National UnityDictatorships often inspire a strong sense of
nationalism. People work hard for the country, although if a dictator is
corrupt, this may turn people against him.
4. Use of ExpertiseDictatorships may consult scholars and experts to create
effective policies, leading to practical and realistic progress.

Demerits of Dictatorship
 1. Loss of Basic RightsPeople's rights are often limited, creating a sense of
fear. Power is used to maintain control, leading to a state of fear that affects
the country’s economy and social well-being.
2. Lack of DialogueIn a dictatorship, there is no open discussion. This one-
sided perspective leads to repeated mistakes, as no alternative views are
considered, and may ultimately harm the country.
3. Suppression of CreativityPeople get used to simply following orders rather
than thinking independently, which stifles creativity and innovation.
4. Short-Lived SuccessDictatorships often emerge in times of crisis and bring
short-term gains. However, these advantages are usually temporary, and in
the long run, dictatorship can have harmful effects on a country's future
stability.

In summary, dictatorship can achieve quick results due to a single leader's

control, but it comes at a high cost, often suppressing individual rights, freedom,
and long-term stability.
Federal Form of Government
A federation is a united government where all provinces or states participate
equally. In a federal system, power is shared between the central (federal)
government and provincial or state governments. Countries like the USA, Russia,
India, Canada, Australia, and Pakistan use a federal system. Here’s what scholars
say about it:
1. Hamilton: A federation is where separate states come together.
2. Montesquieu: It’s when similar states decide to join as one union.
3. Garner: It’s a single system where central and provincial governments
operate independently but under a united authority.

Characteristics of a Federal Government

1. Written Constitution: A written constitution clearly outlines the division of
powers between the central and provincial governments, ensuring each
operates within its limits.
2. Division of Powers: Powers are divided between federal and provincial
governments. Provincial governments handle local matters, while the federal
government focuses on national security and other national concerns. Both
work together but within their areas.
3. Judicial Supremacy: A strong and independent judiciary, like the Supreme
Court in Pakistan, resolves disputes between federal and provincial
governments, ensuring both levels respect the court’s decisions.
Merits of a Federal Government
1. Promotes Unity: Smaller regions within a country stay united by supporting
a national government that protects shared interests while allowing
independence in local matters.
2. Encourages Democratic Institutions: With powers divided, each
government can better handle its responsibilities, making the system more
efficient, especially in large countries.
3. Political Education: People gain political awareness, observing and voting
based on party policies. They engage with both local and national issues,
improving their political understanding.
4. Improved Administration: This system allows governments to focus on
national matters, while provincial governments address local issues more
effectively.
5. Boosts Economic Growth: Economic resources, like agriculture and
minerals, are managed well as they’re typically linked to the country’s
geography.
6. Supports Global Cooperation: Some believe federalism is a foundation for
creating a global political system, where unity among states can be beneficial
globally.
7. Greater Individual Freedom: Clear divisions of power mean fewer conflicts
between federal and provincial governments, giving citizens more freedom,
protected by an independent judiciary.

Demerits of a Federal Government

1. Complex Constitutional Changes: Changing the constitution is difficult,
which can be a problem in emergencies. Regular updates to power divisions
are hard without amendments.
2. Complex System: The federal system can be confusing, as it’s not always
clear how powers are divided, even for educated individuals.
3. Double Taxation: People often pay taxes to both the federal and provincial
governments, as both need funds to operate.
4. Weak Bond Between Governments: The federal and provincial
relationship can be weak, and there’s a risk of provinces wanting to separate.
5. Dual Loyalty: Citizens have loyalties to both federal and provincial
governments, which can create conflicts and divide support.
 6. Overlapping Powers: Both levels sometimes have similar functions, which
can lead to misunderstandings or conflicts between them. This overlap can
weaken the overall unity of the federation.

In short, while a federal government promotes unity and efficiency, it also faces
challenges in coordination, complexity, and maintaining a strong bond between its
parts.

Parliamentary Form of Government

In a parliamentary government, power is mainly in the hands of the Prime Minister
and their cabinet (group of ministers). This form of government continues as long as
it has the support of the majority in parliament. If a majority of parliament members
lose confidence, the government must resign, or the Prime Minister can dissolve
parliament and call new elections. The party that wins the majority of seats in the
National Assembly forms the government.

Key Features
1. Executive Powers: The Prime Minister and their cabinet hold the main
governing powers.
2. Symbolic Head of State: The President, king, or royal family member
serves as the formal head, with limited real power. They represent the state
symbolically, while the Prime Minister handles actual governing duties.
3. Sense of Responsibility: Ministers are accountable to the parliament
(National Assembly and Senate), which monitors their performance closely.
This accountability encourages ministers to act responsibly.
4. Majority Party Rule: Ministers must be members of parliament, belonging
to the majority party in the National Assembly. The majority party selects its
leader, who becomes the Prime Minister. If no single party wins a majority,
parties may join together in a coalition to form a government. This system is
found in countries like the UK, Australia, Pakistan, India, and New Zealand.
5. Unity and Cooperation: Parliament and the Prime Minister work closely
together, passing laws and governing in coordination. Parliament members
also supervise the executive branch, ensuring they uphold their
responsibilities.

Merits of Parliamentary Government

 1. Efficient Coordination: The Prime Minister and parliament work closely,
making it easier to pass laws and maintain good relations between the
legislative and executive branches.
2. Accountable Administration: Parliament members represent the public, so
they work efficiently on public issues. If they don’t perform well, they risk
losing their political careers. They also respond to challenges from opposition
members in parliament.
3. Political Training for the Public: People are encouraged to participate in
the political process, gaining knowledge and experience. They can rise to
important political positions and contribute to debates on national issues.
4. Supremacy of the Prime Minister: The Prime Minister has a central role,
leading both the cabinet and the majority party in parliament. If they resign,
the entire cabinet is dismissed.

Demerits of Parliamentary Government

1. Slow Executive Performance: The constant risk of a "no confidence" vote
can make the government unstable. Politicians may get distracted by political
maneuvering, slowing down decision-making.
2. Legislative Pressure on the Executive: Since the executive must answer
to parliament, they may struggle to act quickly in emergencies, which can
risk national security.
3. Instability: Party members may switch alliances for personal gain, leading to
frequent changes in government and resulting in instability.
4. Influence of Party Members: The Prime Minister must select ministers
from elected parliament members, which may force them to compromise
when assigning government roles, sometimes leading to conflicts.
5. Fragile Coalitions: If no party has a clear majority, a coalition government
must be formed. Coalition governments are often fragile and may lead to
frequent changes in leadership, which can harm the country’s stability.

In summary, a parliamentary government encourages unity and accountability but

can also face issues like slow performance, frequent instability, and challenges in
decision-making.

Presidential Form of Government

In a presidential system, the President holds the primary executive powers and
independently appoints ministers to run various government departments. Unlike in
a parliamentary system, the President and their cabinet are not accountable to the
legislature (e.g., parliament) and don’t have to be elected members of it. This
system is found in countries like the United States and some Latin American
nations.

Key Features
1. Direct Election of the President: The President is elected directly by the
public or indirectly through an electoral college. Political parties nominate
candidates, and voters choose the President for a set term.
2. Clear Division of Powers: The constitution defines a strict division of
powers between the executive and legislative branches. The President
oversees administration and policy decisions without legislative influence,
while the legislature independently creates laws.
3. Independent Executive: The President and cabinet are not answerable to
the legislature and don’t face a "vote of no confidence." They act based on
public support and operate without legislative pressure.

Merits of Presidential Government

1. Stable Government: Since the President cannot be dismissed before their
term ends, the government tends to be more stable than in a parliamentary
system.
2. Independent Legislature: The legislature is entirely independent in law-
making and cannot be influenced by the executive branch, ensuring that
each branch operates autonomously.
3. Efficient in Emergencies: In times of crisis, the President can quickly make
decisions as the head of administration and the executive, ensuring prompt
response without waiting for legislative approval.

Demerits of Presidential Government

1. Lack of Coordination: Since the executive and legislature function
separately, there can be a lack of coordination, especially if the President's
party is in the minority in the legislature. This can create conflicts over
implementing laws or policies.
2. Risk of Presidential Overreach: The President’s broad executive powers
can lead to misuse, with limited means to remove them before their term
ends, except through a complex impeachment process, which is rarely
applied effectively.
3. Political Appointments: With control over appointing key positions (like
ministers, judges, ambassadors), the President may make appointments
 based on political favors instead of merit, potentially leading to inefficiency in
governance.

In summary, the presidential form of government provides a stable, strong

leadership structure but can face issues like lack of coordination, potential abuse of
power, and politicization of key roles.

Salient Features of the 1973 Constitution

of Pakistan
In 1972, a committee formed by the members of the National Assembly of Pakistan
prepared a new draft of the constitution. This draft was finalized and approved by
the assembly on April 14, 1972, and enforced by the President on August 14, 1973.
The key features of this constitution are as follows:

1. Islamic Constitution
State Religion and Laws:
Islam is the official religion of Pakistan. All laws must align with the teachings of the
Quran and Sunnah. An Islamic advisory commission was set up to help guide the
government and legislative bodies in implementing Islamic values.
Muslim Leadership Requirement:
The President and Prime Minister must be Muslims. Additionally, the government is
responsible for ensuring Quran and Islamic studies are taught in schools and that
accurate versions of the Quran are printed and published.

2. Federal System
Structure of Government:
Pakistan is declared a Federation with powers shared between federal and provincial
levels.
Two Types of Legislative Lists:
 Federal List: Subjects under this list are only legislated by the National
Assembly.
 Concurrent List: Both federal and provincial assemblies can legislate on
subjects in this list. If provincial legislation conflicts with federal laws, the
federal law will prevail.
Provincial Powers:
If a subject is not included in either list, it remains under the legislative power of the
provinces.
Two Houses of Parliament:
The Parliament has two houses – the National Assembly and the Senate.

3. Provincial Autonomy
Provincial Rights:
Provinces have complete control over provincial matters, while national matters are
handled by the federal government.
Council of Common Interests:
This council, with equal representation from all provinces, manages issues of
national interest like railways and taxation.
National Economic Council:
Chaired by the Prime Minister, this council addresses the country’s economic issues
and helps in planning for financial and social improvements across Pakistan.

4. Parliamentary Government System

Prime Minister’s Role:
The government is based on a parliamentary system where the President is the
head of state but holds limited power, while the Prime Minister, elected by
Parliament, holds executive authority and leads the cabinet.
Accountability to Parliament:
The Prime Minister and the cabinet are accountable to Parliament.

5. National Language
Official Language:
Urdu is the official language and was planned to be fully adopted within fifteen
years after the constitution’s implementation. Provinces can promote and use
regional languages for education and local affairs.

6. Independent Judiciary
Judicial Independence:
An independent judiciary is essential to uphold the constitution and protect citizens'
rights. This constitution grants judges job security and defines their roles, allowing
them to make unbiased decisions.

7. Fundamental Rights
Protection of Citizens' Rights:
The constitution details fundamental rights, including:
 Freedom from slavery
 Protection against arbitrary arrest
 Freedom of movement within the country and abroad
 Freedom of expression and education
Any law that violates these rights is considered invalid, and fundamental rights
cannot be taken away through unconstitutional actions.

8. Principles of Policy
Guiding Principles:
The government is responsible for promoting an Islamic way of life, reducing
discrimination, protecting family life, ensuring minority rights, and addressing social
issues.
Social Justice and Education:
The government is tasked with promoting justice, technical education, and providing
free education up to secondary school. It must also meet the basic needs of citizens.

9. Mixed Economy
Economic System:
Pakistan’s economy follows a mixed model that combines private and public
sectors. Citizens can engage in businesses and services, as long as they align with
national laws.
Privatization Efforts:
Some industries initially run by the government are gradually privatized through a
Privatization Commission.

10. Written and Stable Constitution

Structure and Stability:
The constitution, divided into 280 articles and six schedules, is organized into 12
parts. It specifies the powers of government branches and protects people’s rights.
It requires substantial support in both houses of Parliament to make amendments,
making it stable and resistant to rapid changes.

11. Protection Against Constitutional Violations

Disloyalty Punishments:
Any attempt to terminate or overthrow the constitution is considered a severe
offense. The Parliament has the authority to take action against anyone committing
such acts.

This constitution defines Pakistan’s legal framework and reflects its commitment to
Islamic values, federal governance, and democratic principles.