Law Making procedure in Pakistan

Law Making procedure

1. Introduction:

The constitution of Islamic republic of Pakistan provides legislative procedure in part III chapter 2. the parliament has three functions 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 legislative body. through an amendment in 1985 the legislative procedure has been made easy.

2. Relevant provisions:

Articles 70-89 of the Islamic republic constitution of Pakistan.

3. Definition of bill;

A bill is proposal for new law for amending or repealing an old one.

4. Kinds of bill:

Following are kinds of bill:

(i) Public bill.

(ii)Private bill.

(iii) Money bill.

(i) Public Bill:

It relates to the interest of persons of public.

(ii) Private Bill:

It relates to the interest of private individuals.

(iii) Money Bill:

It relates to the finance matters.

5. Legislative procedure:

For drafting a bill experts are selected ad while drafting the bill complexities are avoided the legislative procedure in different kinds of bill are different.

I. Legislative procedure in ordinary bill or non-money bill:

(i) Introduction of Bill:

Bill is introduced in any house. if bill is introduced by gov't minister is called Govt bill and private bill if presented by private member.

(ii) First Reading:

In the first reading the causes of presentation are explained by the member who introduce the bill.

(iii) Reference to committee:

Bill is examined in detail in committee stage. The committee hears the evidence of expert and any objection of any person interested in such bill.

(iv) Second reading:

Bill is discussed clause by clause and amendments may be made during the second reading.

(v) Third reading:

After second reading third time it is read and it is sent to other house. the same stages are also followed in the other house.

(vi) President's assent to bills:

If the bill is passed in the joint sitting, with or without amendment by the votes majority of the total membership of the house. it shall be presented to the president for assent.

Case law

P.L.D. 2001. Kar. 415

It was held bill would become law when assented it by the president or the governor as the case may be.

II. Legislative procedure in money bill:

In according with the article 73 of the constitution of Islamic republic of Pakistan a money bill shall be originate in the national assembly and after it has been passed by the national assembly without being transmitted to the senate, be presented to the president who will assent to the bill with in thirty days, otherwise the bill shall be deemed to have been assented to and it shall become law. 

(a) Features of money bill:

A bill or amendment shall be deemed to be a money bill. If it shall contain provisions dealing with all or any the following matters.

(a) The imposition, abolition, remission, alteration of any tax.

(b) The borrowing of money or a giving of any guarantee, by the federal Govt, or of the amendment of the law relating to the finance obligation of the Govt.

(c) The custody of the federal consolidate fund, the payment of moneys into, or the issues of moneys from the fund.

(d) The imposition of charge upon the federal consolidated fund, or the abolition or alteration of any charge.

(e) The receipt of money on account of the public accounts of the federation the custody of issue of such money.

(f) The audit of the accounts of the federal Govt or a provincial above.

(g) Any matter incidental to any of the matters specified above.

(b) Dispute regarding determination of money bill:

If any question arises whether a bill is a money bill or not, the decision of the speaker of the national assembly shall be final.

6. Discussion in senate:

Now by the amendment in the constitution (Legal Frame Work order 2002) a money bill can be discussed in the senate.

7. Distinguish between money bill and ordinary bill:

Points of difference between money bill and ordinary bill are following:

(i) As to Nature:

Money bill relates to finance matters.

Ordinary bill relates to the interest of private or public persons.

(ii) As to origin:

Money bill can be originated only in national assembly.

Ordinary bill can be originated in either house.

(iii) As to transmission:

Money bill is not transferred to other house.

Ordinary bill is transferred or transmitted to other house when passed by one house.

8. Conclusion:

To conclusion I can say that, legislative procedure has been made easy through an amendment in 1885 in the constitution. the ordinary bill can be originated in either house. if the house passed the bill through majority vote, it shall be transmitted to the other house if the other house passes it without amendment, it shall be presented to the president for his assent. the money bill is originated in only national assembly.