INTRODUCTION
The constitution of the Islamic Republic of Pakistan provides a procedure for legislation in part chapter 2. The parliament has three functions viz to make laws, to grant finance to the Govt, and to administer the policies of the Ministries, The important function of the parliament is to make laws for the state. It is only a legislative body, through an amendment in 1985 the legislative procedure has been made easy.
RELEVANT PROVISIONS
Articles 70-89 of the Islamic Republic Constitution of Pakistan.
LITERAL MEANING OF BILL
A bill is a proposal for a new law for amending or repeating an old one.
KINDS OF BILL
The following are kinds of bills.
Public Bill:
It relates to the interest of persons of the public.
Private Bill:
it relates to the interest of private individuals.
Money Bill:
It relates to finance matters.
DRAFTING OF BILL
A bill is drafted before its presentation of it in the House Following is the procedure for the drafting of a bill.
- Selection of the Experts: For the drafting of the bill, the experts are selected.
- Avoiding Complexities: While drafting a bill maximum effort is taken to avoid complicated matters.
- Final Shape: After drafting the bill, it is ready to be presented in the House.
LEGISLATIVE PROCEDURE
For drafting a bill experts are selected and while drafting the bill complexities are avoided the legislative procedure in different kinds of bills is different.
1. INTRODUCTION OF BILL:
Bill is introduced in any House. If the bill is introduced by Government Minister is called a Government Bill. A Private bill is presented by a private member.
2. FIRST READING:
In the first reading, the causes of the presentation are explained by the member who introduces the bill.
3. SECOND READING:
Bill is discussed clause by clause and amendments may be made during the second reading (any change in the bill, may be proposed during the second reading).
4. REFERENCE TO COMMITTEE:
Bill is examined in detail in the committee stage. The committee hears the evidence of experts and any objection of any person interested in such a bill and suggests proposals.
5. THIRD READING:
After the second reading, it is read for the third time.
Examination by House: At this stage, the bill is examined by the House.
Approval or Rejection: At the third stage, the House in which the bill originated can either approve or disapprove the bill.
INTRODUCTION AND PASSING OF BILLS
BILL MAY BE ORIGINATED IN EITHER HOUSE:
A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall he presented to the President for assent.
BILL PASSED WITH AMENDMENT:
If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the House in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent.
BILL TRANSMITTED TO HOUSE IS REJECTED OR IS NOT PASSED:
If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent.
FEDERAL LEGISLATIVE LIST:
In this Article and the succeeding provisions of the Constitution, the “Federal Legislative List” means the Federal Legislative List, and the in the Fourth Schedule.
BILLS NOT TO LAPSE ON PROROGATION
A bill pending in the houses shall not lapse by reason of the prorogation of the house.
PROCEDURE WITH RESPECT TO MONEY BIL
Money Bill, including the Finance Bill containing the Annual Budget Statement, is originated and presented in the National Assembly a copy thereof shall be transmitted to the Senate which may within seven days make recommendations thereon to the National Assembly.
RECOMMENDATIONS OF THE SENATE
The National Assembly shall consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate it shall be presented to the President for assent.
WHEN BILLS SHALL BE DEEMED MONEY BILLS?
A Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters namely;
- the imposition, abolition, remission, alteration, or regulation of any tax.
- the borrowing of money, or the giving of any guarantee, by the Federal government or the amendment of the law relating to the financial obligations of that Government.
- the custody of the Federal Consolidated Fund, the payment of amounts of money into, or the issue of amounts of money from, that Fund.
- the imposition of a charge upon the Federal Consolidated, or abolition or alteration of any such charge.
- the receipt of amounts of money on account of the Public Account of the Federation custody or issue of such amounts of money.
- the audit of the accounts of the Federal Government or a Provincial Government.
- any matter incidental to any of the matters specified in the preceding Article
WHEN BILLS SHALL NOT BE DEEMED MONEY BILLS?
A Bill shall not be deemed to be a Money Bill by reason only that it provides;
- the imposition or alteration of any fine or other pecuniary penalty, or for the demand or payment of a license fee or a fee or charge for any service rendered.
- for the imposition, abolition, remission, alteration, or regulation of any tax by any local authority or body for local purposes.
FINAL DECISION ABOUT BILL
If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final.
PRESIDENT FOR ASSENT SHALL BEAR A CERTIFICATE
Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill and such certificate shall be conclusive for all purposes and shall not be called in question.
DISCUSSION IN SENATE
Now, by the amendment in the constitution, a Money bill can be discussed in the Senate. Annual budget statement is presented in the national assembly, and a copy thereof shall be transmitted to the Senate which may within fourteen days make recommendations thereon to the National Assembly The national assembly considers the recommendations of the Senate.
FEDERAL GOVERNMENT CONSENT REQUIRED FOR FINANCIAL MEASURES
A money bill relating to the Federal consolidated fund or the public account of the federation requires the poor consent of the federal government.
PRESIDENTIAL ASSENT
A bill in order to become a law requires the assent of the president.
CONCLUSION
It is concluded that laws are made by the legislative structure of the country. In Pakistan, Parliament performs the same role.
FAQs
Describe the legislative procedure of the Parliament (Majlis-e. Shoora) under the relevant provisions of the Constitution of Pakistan, 1973.
(2018-S)
Explain the legislative procedure under the 1973 Constitution. Discuss the legislative procedure followed by the parliament under the 1973 constitution.
