Law Making Process

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LEGISLATIVE PROCEDURE IN PAKISTAN

o Legislation is the fundamental responsibility of the Majlis-e-Shoora


(Parliament).
o composed of two Houses (National Assembly and Senate) and President.
o Legislation may be initiated by introduction of a Bill in either House of the
Parliament, except a Financial Bill which can only be introduced in National
Assembly.
o A Bill is a legislative statement, which becomes an Act of Parliament if passed
by the two Houses and is duly assented by the President.
Types of Bills:
• There are following types of Bills namely:
1. Government or Official Bills: Introduced by a minister and passed by simple
majority.
2. Private Member's Bills: Introduced by any member of the Parliament and
passed by
simple majority.
3. Constitution Amendment Bill: A Bill intending amendment in Constitution
and is required to be passed by two-third majority by both Houses
4. Financial Bill: It is a specie of Government Bills. It deals with matters of
revenue and expenditure. It can only be introduced in National Assembly and
if passed then is to be sent to Senate within seven days. Moreover, it is the
prerogative of the National Assembly to pass it with or without incorporating
the recommendations of the Senate.
Legislative Procedure: From a Bill to an Act
Introducing a Bill
• Three copies of a Bill, in complete form, must be handed over to the secretary of
the House with a ten days written notice for moving it to the House.
Order of the Day:-
• Government Bill may be moved on any day of Motion except on the day specified
for Private Members' Bills
o Private Member's Bill shall be set down on the orders of the day specified for
Private
Members Bills
o The copies of the Bill shall be circulated to all the members of the House.
o Bills Repugnant to Islam:
• If a Bill seems to be repugnant to Islam, it shall be referred to the Council of Islamic
Ideology for advice.
First Reading - Discussion on Principles of the Bill
In the first reading only the headings or main principles of the Bill shall be discussed.
Motion of Consideration by Member in Charge:-
• The Member In-Charge of the Bill may present a Motion for Consideration.
Reference to Committee:-
•The Bill (except the Money Bill) is then to be referred to the concerned Standing or
Select Committee of the House for recommendations.
Committee's Recommendations:-
• The committee may recommend either to take the Bill for consideration as a whole
with some amendments or may instruct for making some particular or additional
provisions to it.
Reading – Amendments:-
In the Second Reading the whole Bill, clause by clause, goes through the second
reading
• The speaker shall decide as to any proposed amendment if fulfilling the conditions
of admissibility.
Reading – Debate:
o In this stage the Members of the House argues in support or to reject the Bill.
o Any amendment at this stage shall only be verbal.
o Once a Bill (other than Money Bill) has been passed by the House in which it
was introduced then it shall be transmitted to the other House.
o In other House a similar process may be adopted to pass the Bill.
o However if any Bill (Other than Money Bill) is passed but with
recommendations, it shall be sent back to the House from where it was
originated.
o This Bill with recommendations from the other House shall once again go
through the same procedure as if it was introduced for the first time.
o However, if the other House rejects the Bill, then it shall be discussed in the
Joint Sitting of both the Houses.
Presentation before the President for Assent:-
When a Bill has been passed by both the Houses, it then shall be presented before
President for his assent.
The president shall within a period of ten days, may either give his consent to the Bill
(in which case it shall become Act of Parliament) or return the Bill to the House from
where it originated, with some amendments and recommendations.
o In case of a return Bill, once again the whole procedure discussed above shall
be repeated.
Both the Houses may either incorporate the changes proposed by the
President or pass the Bill without incorporation of the said changes.
o After re passing the Bill from both Houses it shall again be presented before
the President for his assent.
* This time the President is bound to give his assent to the Bill within ten days.
However, if President fails to give his assent so, on the expiry of the tenth day, the
Bill shall automatically become an Act of Parliament.
Publication in Official Gazette:
• After becoming an Act of Parliament, it is to be notified by publishing in the Official
Gazette for general information.

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