- Relevant constitutional provisions
- Kinds of bills
- Stages of the legislative procedure
- Introduction and passing of bills in both Houses
- Bills transmitted to the other House
- Joint sitting in case of disagreement
- Bills do not lapse on prorogation
- Procedure for Money Bills
- What is and is not a Money Bill
- Presidential assent
- Past exam questions and answers
1. Relevant constitutional provisions
The legislative procedure of Pakistan’s Parliament is governed by Articles 70 to 89 of the Constitution of 1973. Article 70 deals with the introduction and passing of bills. Article 73 covers the special procedure for Money Bills. Articles 74 to 76 deal with the Federal Consolidated Fund and financial matters. Article 75 addresses presidential assent. Reading these Articles together gives a complete picture of how a proposal becomes law in Pakistan.
2. Kinds of bills
A bill is a proposal for a new law or for amending or repealing an existing one. Before it is passed by Parliament and assented to by the President, it is merely a proposal. Once all constitutional requirements are fulfilled, it becomes an Act of Parliament and has the force of law.
The Constitution and parliamentary practice recognise three main kinds of bills. A public bill relates to matters affecting the general public and is the most common type introduced in Parliament. A private bill relates to the interests of specific individuals or private bodies rather than the public at large. A Money Bill is a special category dealing exclusively with financial matters and follows a different constitutional procedure from ordinary bills.
3. Stages of the legislative procedure
Every bill, whether public or private, passes through a standard sequence of stages before it can become law. These stages exist to ensure that legislation receives proper deliberation and that all relevant concerns are identified and addressed before Parliament commits to a final vote.
Introduction and first reading
A bill may be introduced in either House of Parliament. If it is introduced by a government minister, it is called a government bill. If introduced by a private member, it is called a private member’s bill. The first reading is largely a formality. The member introducing the bill states the reasons for bringing it forward. No debate takes place at this stage and no vote is taken on the merits.
Second reading
The second reading is where the real parliamentary work begins. The bill is discussed clause by clause. Members may propose amendments to any clause during this stage. The second reading is the most substantive stage of the process because it is where the content of the legislation is shaped and refined through debate and amendment.
Committee stage
After the second reading, the bill is referred to a standing committee for detailed examination. The committee hears evidence from experts and considers objections raised by persons with a direct interest in the subject matter of the bill. It then prepares a report with proposals and recommendations. This stage ensures that technical and specialised knowledge is brought into the legislative process before the bill returns to the full House.
Third reading
At the third reading, the House examines the bill as it stands after the committee stage. This is the final opportunity for members to debate and vote on the bill. The House where the bill originated either approves or rejects it at this stage. If approved, the bill moves to the next constitutional step.
4. Introduction and passing of bills in both Houses
Under Article 70, a bill with respect to any matter in the Federal Legislative List may originate in either House of Parliament. The Federal Legislative List is contained in the Fourth Schedule to the Constitution and sets out the subjects on which the federal legislature has the power to legislate.
“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 be presented to the President for assent.”
Once passed by the originating House, the bill is transmitted to the other House. If the other House passes it without any amendment, the bill proceeds directly to the President for assent. This is the simplest path from bill to law.
5. Bills transmitted to the other House
Parliamentary practice rarely proceeds without disagreement. If the House receiving the bill passes it with amendments, the amended bill is sent back to the originating House. If the originating House accepts those amendments, the bill as amended is then presented to the President for assent.
A more serious situation arises when the receiving House rejects the bill entirely or fails to pass it within ninety days of it being laid before that House, or when the originating House refuses to accept the amendments made by the other House. In any of these situations, the deadlock is resolved through a joint sitting of both Houses.
6. Joint sitting in case of disagreement
When a bill cannot proceed through the normal two-House process, either House may request a joint sitting. At the joint sitting, both Houses deliberate together and vote on the bill. If it is passed by a majority of the members present and voting in the joint sitting, it is presented to the President for assent. The joint sitting mechanism prevents either House from permanently blocking legislation supported by the other.
7. Bills do not lapse on prorogation
A bill that is pending before either House does not lapse merely because Parliament is prorogued. Prorogation ends a session of Parliament but does not dissolve it. The bill retains its status and continues to be before the House when Parliament reassembles. This rule prevents the executive from killing inconvenient legislation by simply calling for a recess at a strategic moment.
8. Procedure for Money Bills
Money Bills follow a different constitutional path from ordinary bills. Under Article 73, a Money Bill, including the Finance Bill containing the Annual Budget Statement, must originate in the National Assembly. It cannot be introduced in the Senate. This reflects the democratic principle that decisions about taxation and public expenditure must originate in the directly elected lower house.
Once the National Assembly has introduced a Money Bill, a copy is transmitted to the Senate. The Senate may, within seven days, make recommendations to the National Assembly. The National Assembly is not bound by those recommendations. It may incorporate them or disregard them entirely. After the National Assembly has passed the bill with or without the Senate’s recommendations, it is presented to the President for assent.
A constitutional amendment has also extended the Senate’s role in relation to the Annual Budget Statement specifically. A copy of the budget is transmitted to the Senate, which may within fourteen days make recommendations. The National Assembly then considers those recommendations before passing the budget.
9. What is and is not a Money Bill
The Constitution defines a Money Bill by its content. A bill is a Money Bill if it deals with the imposition, abolition, remission, alteration, or regulation of any tax; the borrowing of money or the giving of any guarantee by the federal government; the custody of or payments into or out of the Federal Consolidated Fund; the imposition or abolition of a charge on the Federal Consolidated Fund; the receipt or custody of money in the Public Account of the Federation; the audit of federal or provincial government accounts; or any matter incidental to these subjects.
Not every bill involving money qualifies. A bill is not a Money Bill merely because it provides for the imposition or alteration of a fine or other financial penalty, or for the demand or payment of a licence fee or a fee for services rendered, or for the imposition of a tax by a local authority for local purposes.
If any question arises as to whether a bill is a Money Bill, the decision of the Speaker of the National Assembly is final. Every Money Bill presented to the President must bear a certificate signed by the Speaker confirming its status as a Money Bill, and this certificate is conclusive for all purposes.
10. Presidential assent
No bill, whether ordinary or a Money Bill, can become law without the assent of the President. Once a bill is presented to the President, he may assent to it or withhold assent. If the President withholds assent from an ordinary bill, he returns it to Parliament with a message. Parliament may reconsider the bill and if it is passed again, the President is bound to give assent. The President does not have the power to block legislation indefinitely. His role in this process is a constitutional check, not an absolute veto.