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Government of Pakistan

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Federal government of the Islamic Republic of Pakistan

Government of Pakistan
حکومتِ پاکستان
TypeFederal government
Formation14 August 1947; 77 years ago (1947-08-14)
Current constitution1973 Pakistani Constitution
Country Islamic Republic of Pakistan
Seat of governmentIslamabad
Official languages
WebsiteOfficial Website
Legislative branch
LegislatureParliament
Upper houseSenate
Upper House Presiding officerChairman of the Senate
Lower houseNational Assembly
Lower House Presiding officerSpeaker of the National Assembly
Meeting placeParliament House
Executive branch
Head of statePresident of Pakistan
Head of governmentPrime Minister of Pakistan
Principal organCabinet
Meeting placeCabinet Secretariat
Ministriesvaries
Responsible toParliament
Judicial branch
CourtSupreme Court of Pakistan
Chief judgeChief Justice of Pakistan

TheGovernment of Pakistan (Urdu:حکومتِ پاکستان,romanizedhukūmat-e-pākistān) (abbreviated asGoP),constitutionally known as theFederal Government,[a] commonly known as theCentre,[b] is thenational authority of theIslamic Republic of Pakistan, afederalrepublic located inSouth Asia, consisting offour provinces andone federal territory. The territories ofGilgit-Baltistan andAzad Kashmir are also part of the country but have separate systems and are not part of the federation.[c]

Under theConstitution, there are three primary branches of a government:the legislative, whose powers are vested in abicameral Parliament;the executive, consisting of thePresident, aided by theCabinet which is headed by thePrime Minister; andthe judiciary, with theSupreme Court.[1]

Effecting theWestminster system for governing the state, the government is mainly composed of theexecutive,legislative, andjudicial branches, in which all powers are vested by theConstitution in theParliament, thePrime Minister and theSupreme 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 theSupreme Court.[2] By constitutional powers, thePresident promulgates ordinances and passes bills.

The President acts as the ceremonialfigurehead while thepeople-electedPrime Minister acts as theChief Executive (of the executive branch) and is responsible for running the federal government. There is a bicameral Parliament with theNational Assembly as aLower house and theSenate as an upper house. The most influential officials in the Government of Pakistan are considered to be theFederal Secretaries, who are the highest rankingbureaucrats in the country and run cabinet-level ministries and divisions. The judicial branch systematically contains an apexSupreme Court,Federal Shariat Court,High courts offive provinces, district,anti-terrorism, and the green courts; all inferior to the Supreme Court.[2]

The full name of the country is theIslamic 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 theseat of government is inIslamabad, "Islamabad" is commonly used as ametonym for the federal government.[2][3][4]

Federal law and Constitution

TheConstitution of Pakistan established and constituted the federal government offour provinces of federation of nation-state, known asState of Pakistan. TheConstitution 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 basiccivil andcriminal laws governing the citizens of Pakistan are set down in major parliamentary legislation (a terminherited from theUnited Kingdom), such as theExit Control List, thePakistan Penal Code, and theFrontier Crimes Regulations. By theArticle 246th andArticle 247th to the constitution, the IslamicJirga (orPanchayat) 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 traditionaljirga-based law has also been in place in a few areas, and has influenced the country's judicial development.[8][9]

Branches of government

Legislative branch

Main article:Parliament of Pakistan

The legislative branch has two houses, which combined are known as the Parliament of Pakistan

  • TheNational Assembly is thelower house and has 336 members (according to new census and emerging of FATA) . 266 are elected directly by the people, while 60 seats are reserved for women and 10 seats for religious minorities.
  • TheSenate is theupper house and has 104 senators elected indirectly by members of provincial assemblies for six-year terms.

The Parliament enjoysparliamentary 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 avote of no confidence is passed against the government, then the government collapses and a new one must be formed.

Executive branch

By general definition, theexecutive branch of government is the one that has soleauthority andresponsibility for the daily administration of thestate bureaucracy. The division of power into separate branches of government is central to the republican idea of theseparation 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

ThePrime Minister of Pakistan (Urdu:وزیراعظم; lit: 'Wazir-e- Azam), is the executivehead of government of Pakistan, constitutionally designated as theChief Executive (CE).[10] Popularly elected by direct elections in the parliament, the Prime minister is responsible for appointing a cabinet as well as running the government operations.[10]

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

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

TheCabinet can have a maximum of 11 percent (50 members including the Prime Minister) of the total strength of theParliament.[11]Each Cabinet member must be a member of Parliament (MP).[12] TheCabinet Ministers chair the Cabinet and are further assisted by theCabinet Secretary of Pakistan, whose appointment comes from theCivil Services of Pakistan. Other Ministers areMinisters of State, junior members who report directly to one of the Cabinet Ministers, often overseeing a specific aspect of government.[12]

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.[12][13]

ThePresident of Pakistan, officially thePresident of the Islamic Republic of Pakistan, is the ceremonialhead of state ofPakistan and thecommander-in-chief of thePakistan Armed Forces.[14][15]

The office of president was created upon theproclamation of Islamic Republic on 23 March 1956. The then servinggovernor-general,Major-GeneralIskander Mirza, assumed office as the first president. Following the1958coup d'etat, the office ofprime minister was abolished, leaving the Presidency as the most powerful office in the country. This position was further strengthened when the1962 Constitution was adopted. It turned Pakistan into aPresidential Republic, giving all executive powers to the president. In 1973, thenew Constitution establishedParliamentary democracy and reduced president's role to a ceremonial one. Nevertheless, themilitary takeover in 1977 reversed the changes. The8th Amendment turned Pakistan into asemi-presidential republic and in the period between 1985 and 2010, the executive power was shared by president and prime minister. The18th Amendment in 2010 restoredParliamentary Democracy in the country, and reduced presidency to a ceremonial position.[16]

The constitution prohibits the president from directly running the government.[17] Instead, the executive power is exercised on his behalf by theprime minister who keeps him informed on all matters of internal andforeign policy, as well as all legislative proposals.[18] The Constitution however, vests the president with the powers of grantingpardons, reprieves, and thecontrol over themilitary; however, all appointments at higher commands of themilitary must be made by the President on a "required and necessary" basis, uponconsultation and approval from the prime minister.[19]

The president is indirectly elected by theElectoral College for a five-year term. The Constitution requires the president to be a "Muslim of not less than forty five (45) years of age". The president resides in an estate inIslamabad known asAiwan-e-Sadar (President's House). In his absence, thechairman of Senate exercises the responsibilities of the post, until the actual president resumes office, or the next office holder iselected.

There have been a total of13 presidents. The first president wasIskander Ali Mirza who entered office on 23 March 1956. The current office holder isAsif Ali Zardari, who took charge on 10 March 2024, following his victory in the2023 elections.[20]

Judicial branch

Main article:Judiciary of Pakistan

Pakistan's independent judicial system began under theBritish Raj, and its concepts and procedures resemble those ofAnglo-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 theSupreme Court of Pakistan, ProvincialHigh 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, andSenior Justices appointed by the President after consultation with theChief 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.[21]

Judicature transfer

The Constitution grants powers to the Supreme Court to make judicature transfers.[21] 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.[21]

Supreme Judicial Council

Misconduct of judges is highly intolerable as is mentioned in the constitution. Under the mainframe of theSupreme Judicial CouncilArticle 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 andPakistan 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 thecivil society. Civil servants come from different cadres (e.g.Pakistan Administrative Service,Police Service of Pakistan etc.) after passing theCSS 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 theparliamentary democracy, the ultimate responsibility for running the administration rests with the elected representatives of the people who 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

Thefederal 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.[22][23] 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 theSecretary 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) andSecretary Industries (responsible for industrial development).[24][25]

Management of major crisis situations in the country and coordination of activities of the various Ministries in such situations are the functions of theCabinet Division. Appointment for the chairman of theFPSC, 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.[26]

Elections and voting system

Main articles:Elections in Pakistan,Politics of Pakistan, andElection Commission of Pakistan

Since 1947, Pakistan has an asymmetricfederal 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 aVote 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 withcaretaker government initiated by the president (consultation of Prime Minister also required to make such move), in regards to Article 58 of the constitution.[27]

There has been four times that themartial law has been in effect, and controversiallyapproved by the supreme court.[12] Through a general election where the leader of the majority winning party is selected to be the Prime Minister.[12] All members of the federal legislature, the Parliament, are directly elected. Elections in Pakistan take place every five years by universal adult suffrage.[12]

Administration and governments

Provincial and Local governments

Main articles:List of provincial governments of Pakistan,Local government in Pakistan, andAdministrative units of Pakistan

There are fourprovincial governments that rule the four provinces of the state. TheChief Minister heads the provincial government. Allprovincial assemblies areunicameral, elected for five years.[28] TheGovernors 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 mostPakistanis' daily lives. TheLocal government functions at the basic level.[29] It is the third level of government, consistingJirga in rural tribal areas.[30]

Finances

Main articles:State Bank of Pakistan,National Bank of Pakistan, andPakistan Remittance Initiative
See also:List of eurobonds issued by Pakistan

Taxation and budget

Main articles:Taxation in Pakistan,Tax on cash withdrawal, andForeign trade of Pakistan

Pakistan has a complex taxation system of more than 70 uniquetaxes administered by at least 37 tax collection institutions of the Government of Pakistan.[31] Taxation is a debated and controversial issue in public and political science circle of the country, and according to theInternational Development Committee, Pakistan had a lower-than-average tax take.[32] Only 0.57% of Pakistanis, or 768,000 people out of a population of 190 million pay income tax.[32]

TheFinance Minister of Pakistan presents the annual federal budget in the Parliament in the midst of the year, and it has to be passed by both houses of theParliament.[33] 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.[34]

National Finance Commission program overview

Main article:National Finance Commission Award

Constituted under theArticle 160 of theConstitution of Pakistan by the Constitution, theNational Finance Commission Award (NFC) program is a series of plannedeconomic programs to take control offinancial imbalances and equally manage the financial resources for the four provinces to meet their expenditure liabilities while alleviating thehorizontal fiscal imbalances.[35]

According to stipulations and directions of the Constitution, theprovisional governments and Federal government compete to get higher share of the program's revenues in order to stabilize their own financial status.[36]

Ministries and divisions

Main articles:List of federal agencies of Pakistan andCabinet of Pakistan
Ministries of the Federal Government of Pakistan[37]
 Federal Ministerial Departments  Ministerial Divisions  Creation 
1Cabinet Secretariat

Aviation Division

1947
Cabinet Division
Establishment Division
National Security Division
Poverty Alleviation and Social Safety Division
2Climate ChangeClimate Change Division
3CommerceCommerce Division
4CommunicationsCommunications Division1947
5DefenceDefence Division1947
6Defence ProductionDefence Production Division1972
7Economic AffairsEconomic Affairs Division
8EnergyPetroleum Division
Power Division
9Federal Education and Professional TrainingFederal Education and Professional Training Division
10Finance, RevenueFinance Division
Revenue Division
11Foreign AffairsForeign Affairs Division1947
12Housing and WorksHousing and Works Division
13Human RightsHuman Rights Division
14Industries and ProductionIndustries and Production Division
15Information and BroadcastingInformation and Broadcasting Division
National Heritage and Culture Division
16Information Technology and TelecommunicationInformation Technology and Telecommunication Division
17InteriorInterior Division
18Inter-Provincial CoordinationInter-Provincial Coordination Division
19Kashmir Affairs and Gilgit BaltistanKashmir Affairs and Gilgit-Baltistan Division
20Law and JusticeLaw and Justice Division
21Maritime AffairsMaritime Affairs Division
22Narcotics ControlNarcotics Control Division
23National Food Security and ResearchNational Food Security and Research Division
24National Health Services, Regulations and CoordinationNational Health Services, Regulations and Coordination Division
25Overseas Pakistanis and Human Resource DevelopmentOverseas Pakistanis and Human Resource Development Division
26Parliamentary AffairsParliamentary Affairs Division
27Planning, Development and Special InitiativesPlanning, Development and Special Initiatives Division
28PrivatisationPrivatisation Division
29RailwaysRailways Division
30Religious Affairs and Inter-faith HarmonyReligious Affairs and Inter-faith Harmony Division
31Science and TechnologyScience and Technology Division
32States and Frontier RegionsStates and Frontier Regions Division
33Water ResourcesWater Resources Division

Departments

Main article:List of federal agencies of Pakistan

See also

Notes

  1. ^Urdu:وفاقی حکومت,romanizedvifāqī hukūmat
  2. ^Urdu:مرکز,romanizedmarkaz
  3. ^For further information, seeKashmir Conflict

References

  1. ^"About Government". Government of Pakistan. Archived fromthe original on 24 October 2007. Retrieved5 March 2009.
  2. ^abcdefGovt. of Pakistan."Government of Pakistan". Government of Pakistan. Archived fromthe original on 11 June 2013. Retrieved18 June 2013.
  3. ^"Government tenure ends marking ten years of democracy in Pakistan".Geo News. Archived fromthe original on 7 October 2021.
  4. ^"Here are the highest paid govt departments - The Express Tribune".tribune.com.pk. 17 July 2016.
  5. ^Constitution of Pakistan."Part III: The Federation of Pakistan— Chapter 3: The Federal Government". Constitution of Pakistan. Archived fromthe original on 7 October 2021. Retrieved19 June 2013.
  6. ^ab"Chapter 3: Tribal Areas".Chapter 3: Tribal Areas. Retrieved19 June 2013.
  7. ^"pakistanlaw.net".www.pakistanlaw.net. Archived from the original on 9 November 2018. Retrieved19 June 2013.
  8. ^Röder, Tilmann J.; Shinwari, Naveed A. (2015), Kötter, Matthias; Röder, Tilmann J.; Schuppert, Gunnar Folke; Wolfrum, Rüdiger (eds.),"Pakistan: Jirgas Dispensing Justice without State Control",Non-State Justice Institutions and the Law: Decision-Making at the Interface of Tradition, Religion and the State, London: Palgrave Macmillan UK, pp. 25–54,doi:10.1057/9781137403285_2,ISBN 978-1-137-40328-5, retrieved6 April 2022
  9. ^Zaman, Lal; Khan, Qaisar; Naz, Arab (1 July 2018)."Critical Discourse Analysis:Jirga and its Survival in Pakistan". pp. 29–40.
  10. ^ab"Prime Minister of Pakistan". Govt. Pakistan. Archived fromthe original on 10 July 2014. Retrieved19 June 2013.
  11. ^Wasim, Amir (15 May 2013)."18th amendment limits cabinet size". Archived fromthe original on 7 October 2021.
  12. ^abcdefInformation and Mass-Media Broadcasting Ministry of Pakistan."President".Information and Mass-Media Broadcasting Ministry of Pakistan. Archived fromthe original on 24 June 2013. Retrieved19 June 2013.
  13. ^"Prime Minister Imran Khan to chair federal cabinet meeting - Samaa Digital".Samaa TV. Archived fromthe original on 7 October 2021.
  14. ^Article 243(3)Archived 2015-03-21 at theWayback Machine in Chapter 2: The Armed Forces. Part XII: Miscellaneous in the Constitution of Pakistan.
  15. ^Article 41(1)Archived 2016-02-04 at theWayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in theConstitution of Pakistan.
  16. ^"Pakistan moves to roll back presidential powers".Los Angeles Times. 2 April 2010.
  17. ^Article 43(1)–43(2)Archived 2016-02-04 at theWayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
  18. ^Article 46Archived 2016-02-04 at theWayback Machine in Chapter 1: The President, Part III: The Federation of Pakistan in theConstitution of Pakistan.
  19. ^Article 243(2)Archived 2015-03-21 at theWayback Machine in Chapter 2: The Armed Forces. Part XII: Miscellaneous in the Constitution of Pakistan.
  20. ^"Ministry of Maritime Affairs". Moma.gov.pk. Retrieved9 June 2020.
  21. ^abc"Part VII: The Judicature". Archived fromthe original on 7 October 2021. Retrieved19 June 2013.
  22. ^"Promotions: PM appoints 15 federal secretaries - The Express Tribune". 7 January 2015. Archived fromthe original on 7 October 2021.
  23. ^"PM appoints new Cabinet Division, Establishment secretaries - Samaa TV".www.samaa.tv. Archived fromthe original on 7 October 2021.
  24. ^"Top 6 bureaucrats promoted to BS-22". Archived fromthe original on 7 October 2021.
  25. ^"Lobbying on for post of finance secretary - The Express Tribune".tribune.com.pk. 2 January 2018.
  26. ^"Part XII: Miscellaneous". Part XII: Miscellaneous. Archived fromthe original on 7 October 2021. Retrieved19 June 2013.
  27. ^"Article 58". 58 Dissolution of the National Assembly. Archived fromthe original on 7 October 2021. Retrieved20 June 2013.
  28. ^"Chapter 3: The Provincial Governments". Archived fromthe original on 7 October 2021. Retrieved20 June 2013.
  29. ^NRB."The Local Government System 2001".National Bureau of Reconstruction. Archived fromthe original on 25 January 2009. Retrieved20 June 2013.
  30. ^"Chapter 2: Armed Forces". Part XII: Miscellaneous. Archived fromthe original on 7 October 2021. Retrieved19 June 2013.
  31. ^Horrigan, Kevin (26 September 2010)."Take a lesson from Pakistan: Taxes are for suckers".Saint Louis Post-Dispatch. Archived fromthe original on 7 October 2021. Retrieved7 November 2010.
  32. ^ab"Stop extra UK aid to Pakistan unless taxes increase, urge MPs".BBC Pakistan Bureau. 4 April 2013. Archived fromthe original on 7 October 2021. Retrieved20 June 2013.
  33. ^Ghauri, Irfan (12 June 2013)."Economic plans: Govt set to unveil Rs3.5tr budget today".Express Tribune. Archived fromthe original on 7 October 2021. Retrieved12 June 2013.
  34. ^"Govt unveils 'business friendly' budget for FY 2013–14".GEO News. 12 June 2013. Archived fromthe original on 15 June 2013. Retrieved12 June 2013.
  35. ^Const. Pakistan."Finance, Property, Contracts and Suits".Constitution of Pakistan. Retrieved4 May 2013.
  36. ^Sabir, Mohammad."7th NFC and Its Implications"(PDF).Social Policy and Development Centre. Archived fromthe original(PDF) on 16 June 2013. Retrieved4 May 2013.
  37. ^"LIST OF MINISTRIES / DIVISIONS"(PDF).cabinet.gov.pk.

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