Contents

History

The 1970 Assembly framed the 1973 Constitution which was
passed on 12 April and promulgated on 14 August 1973. The 1973
Constitution provides for a parliamentary form of Government
with a bicameral
legislature, comprising the National Assembly and the
Senate. The membership of the
Senate, which was originally 45, was raised to 63 in 1977 and to 87
in 1985. The government of Gen. Pervez Musharraf raised the
membership of the Senate from 87 to 100 through the Legal Framework
Order (LFO), 2002, enforced on 21 August 2002.

After Independence, the first Constituent Assembly of Pakistan,
elected in December 1945 in undivided India, was assigned the task
of framing the Constitution of Pakistan. This Assembly passed the
Objectives Resolution on 12 March 1949, laying down principles
which later became substantive part of the Constitution of
Pakistan. However, before it could accomplish the task of framing
the constitution, it was dissolved in October 1954. Thereafter, the
Governor General, convened the Second Constituent Assembly in May
1955, which framed and passed the first Constitution of Pakistan on
29 February 1956. That Constitution was promulgated on 23 March
1956, which provided for a parliamentary form of Government with a
unicameral legislature. However, from 14 August 1947 to 1 March
1956 the Government of India Act, 1935, was retained as the
Constitution of Pakistan.

On 7 October 1958, Martial Law was promulgated and the
Constitution abrogated. The Military Government appointed a
Constitution Commission in February, 1960 which framed the 1962
Constitution. That Constitution provided for a Presidential form of
Government with a unicameral legislature. The 1962 Constitution was
abrogated on 25 March 1969. The Civil Government, which came to
power in December 1971 pursuant to 1970 elections, gave the nation
an interim Constitution in the year 1972.

The 1970 Assembly framed the 1973 Constitution which was passed
on 12 April and promulgated on 14 August 1973. The 1973
Constitution provides for a parliamentary form of Government with a
bicameral legislature, comprising the National Assembly and the
Senate.

The membership of the Senate, which was originally 45, was
raised to 63 in 1977 and to 87 in 1985. The government of Gen.
Pervez Musharraf raised the membership of the Senate from 87 to 100
through the Legal Framework Order (LFO), 2002, enforced on 21
August 2002.

Purpose and
role

The main purpose for the creation of the Senate of Pakistan was
to give equal representation to all the federating units since the
membership of the National Assembly was based on the population of
each province. Equal provincial membership in the Senate, thus,
balances the provincial inequality in the National Assembly and
dispels doubts and apprehension, if any, regarding deprivation and
exploitation.

The role of the Senate is to promote national cohesion and
harmony and to alleviate fears of the smaller provinces regarding
domination by any one province because of its majority, in the
National Assembly.

The Senate is a body that represents the provinces and
territories of the country and promotes a feeling of equality,
peace and good understanding between them, which is so essential
for the growth and prosperity of a nation. Thus, the Senate in
Pakistan, over the years, has emerged as an essential organ and a
stabilizing factor of the federation.

Relationship
between Constituent's of the Parliament

a) President and Parliament: Under Article 50 of the
Constitution, the Majlis-i-Shoora (Parliament) of Pakistan consists
of the President and two Houses to be known respectively as the
National Assembly and the Senate.

The President is elected by members of both Houses of the
Parliament and the Provincial Assemblies. The President may be
removed from office or impeached through a resolution, passed by
not less than two-thirds of the total membership of the Parliament
in a joint sitting of the two Houses, convened for the purpose.

The Constitution empowers the President to dissolve the National
Assembly in his discretion if a situation has arisen in which the
Government of the Federation cannot be carried out in accordance
with the provisions of the Constitution and an appeal to the
electorate is necessary. However, the Senate is not subject to
dissolution.

In case the office of the President becomes vacant for any
reason, the Chairman, or if he is unable to perform the functions
of the office of the President, the Speaker, acts as President till
such time that a President is elected. Same is the case when the
President by reason of absence from Pakistan or any other cause is
unable to perform his functions.

b) Relations between the Houses: Unless both the Houses pass a
Bill and it receives President's assent it cannot become a law
except in the case of a money bill which is the sole prerogative of
the National Assembly. Under the Legal Framework Order, 2002, the
role of a Mediation Committee, comprising eight members from each
House, has been introduced for the first time to evolve consensus
on Bills, in case there is a disagreement between the two
Houses.

c) Cabinet: The Constitution provides that there shall be a
Cabinet headed by the Prime Minister which is collectively
responsible to the National Assembly. The Prime Minister is chosen
from the National Assembly.

The Federal Ministers and Ministers of State are appointed from
amongst the members of Parliament. However, the number of Federal
Ministers and Ministers of State who are members of Senate, shall
not at any time, exceed one fourth of the numbers of Federal
Ministers.