The Government of Pakistan (constitutionally known as the Federal Government and commonly the Centre) is the national authority of the Islamic Republic of Pakistan, a federal parliamentary republic located in South Asia, consisting of four provinces and one federal territory. The territories of Gilgit-Baltistan and Azad Kashmir are also considered and administered as part of the country, but have separate systems and are not part of the federation.
Under the Constitution, there are three primary branches of a government: the legislative, whose powers are vested in a bicameral Parliament; the executive, consisting of the president, aided by the Cabinet which is headed by the prime minister; and the judiciary, with the Supreme Court.
Effecting the Westminster system for governing the state, the government is mainly composed of the executive, legislative, and judicial branches, in which all powers are vested by the Constitution in the Parliament, the prime minister and the Supreme Court. The powers and duties of these branches are further defined by acts and amendments of the Parliament, including the creation of executive institutions, departments and courts inferior to the Supreme Court. By constitutional powers, the president promulgates ordinances and passes bills.
The president acts as the ceremonial figurehead while the people-elected prime minister acts as the chief executive (of the executive branch) and is responsible for running the federal government. There is a bicameral Parliament with the National Assembly as a Lower house and the Senate as an upper house. The most influential officials in the Government of Pakistan are considered to be the Federal Secretaries, who are the highest ranking bureaucrats in the country and run cabinet-level ministries and divisions. The judicial branch systematically contains an apex Supreme Court, Federal Shariat Court, High courts of five provinces, district, anti-terrorism, and the green courts; all inferior to the Supreme Court.
The full name of the country is the Islamic Republic of Pakistan. No other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases. The "Pakistan Government" or "Government of Pakistan" are often used in official documents representing the federal government collectively. Also, the terms "Federal" and "National" in government institutions or program names generally indicate affiliation with the federal government. As the seat of government is in Islamabad, "Islamabad" is commonly used as a metonym for the federal government.
Federal law and Constitution The Constitution of Pakistan established and constituted the federal government of four provinces of federation of nation-state, known as State of Pakistan. The Constitution reads as:
The basic civil and criminal laws governing the citizens of Pakistan are set down in major parliamentary legislation (a term inherited from the United Kingdom), such as the Exit Control List, the Pakistan Penal Code, and the now repealed Frontier Crimes Regulations. By the Article 246th and Article 247th to the constitution, the Islamic Jirga (or Panchayat) system has become an institution for local governance. The 1950s reforms in the government administration, the constitutional law and jurisprudence in Pakistan have been greatly influenced by the United States Of America ' legal system. Since the 1970s, the traditional jirga-based law has also been in place in a few areas, and has influenced the country's judicial development.
Branches of government
Legislative branch
The legislative branch, being a bicameral, has two houses, which combined are known as the Parliament of Pakistan (Urdu: مجلسِ شوریٰ پاکستان, English: Consultative Council of Pakistan:
The National Assembly, presided by Speaker of the National Assembly of Pakistan, deputed by the Deputy Speaker of the National Assembly of Pakistan, is the lower house and has 336 members (according to new census and emerging of FATA). 266 general members are elected directly by the people, while 60 seats are reserved for women and 10 seats for religious minorities. The Senate, presided by Chairman of the Senate of Pakistan, deputed by Deputy Chairman of the Senate of Pakistan. is the upper house and has 96 senators elected indirectly by members of respective provincial assemblies for the term of six years.
The Parliament enjoys parliamentary supremacy. All the Cabinet ministers, as well as the prime minister, must be members of Parliament (MPs), according to the constitution. The prime minister and the Cabinet ministers are jointly accountable to the Parliament. If there is a policy failure or lapse on the part of the government, all the members of the cabinet are jointly responsible. If a vote of no confidence is passed against the government, then the government collapses and a new one must be formed.
Executive branch By general definition, the executive branch of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers. The separation of powers system is designed to distribute authority away from the executive branch – an attempt to preserve individual liberty in response to tyrannical leadership throughout history.
Prime Minister and Cabinet The Prime Minister of Pakistan (Urdu: ; lit: Wazir-e- Azam), is the executive head of government of Pakistan, constitutionally designated as the Chief Executive (CE). after the retirement of the Prime Minister, an interim (or Caretaker) Prime Minister is appointed by the president of Pakistan after consulting incumbent Prime Minister and the Leader of the Opposition of the national assembly.
The Prime Minister must be a Muslim citizen of Pakistan above 25 years of age. There have been 20 different Prime Ministers of Pakistan, with 24 different tenures, where only three people (Benazir Bhutto, Nawaz Sharif, and Shehbaz Sharif) to become Prime Minister of Pakistan more than once. None of them complete their 5 years tenure. Pakistan also has had 4 Caretaker Prime Ministers.
The Prime Minister makes key appointments on various important positions, including; The federal secretaries as head of cabinet- level ministries The chief secretaries of the provinces Key administrative and military personnel in the Pakistan Armed Forces The chairmen of large public sector organisations and corporations such as NHA, TCP, PNSC, etc. The chairmen and other members of the federal commissions and public institutions Ambassadors and High Commissioners to other countries
The Cabinet can have a maximum of 11 percent (50 members including the Prime Minister) of the total strength of the Parliament. Each Cabinet member must be a member of Parliament (MP). The Minister can be from the either house of the Parliament, but maximum 1/4th of the Ministers can be from the Senate. The Cabinet Ministers chair the Cabinet and are further assisted by the Cabinet Secretary of Pakistan, whose appointment comes from the Civil Services of Pakistan. Other Ministers are Ministers of State, junior members who report directly to one of the Cabinet Ministers, often overseeing a specific aspect of government.
Once appointed by the prime minister, all Cabinet Ministers are officially confirmed to their appointment offices by the president in a special oath of ceremony.
The president of Pakistan, officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces.Article 243(3) in Chapter 2: The Armed Forces. Part XII: Miscellaneous in the Constitution of Pakistan.Article 41(1) in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan.
The office of president was created upon the proclamation of Islamic Republic on 23 March 1956. The then serving governor-general, Major-General Iskander Mirza, assumed office as the first president. Following the 1958 coup d'etat, the office of prime minister was abolished, leaving the Presidency as the most powerful office in the country. This position was further strengthened when the 1962 Constitution was adopted. It turned Pakistan into a Presidential Republic, giving all executive powers to the president. In 1973, the new Constitution established Parliamentary democracy and reduced president's role to a ceremonial one. Nevertheless, the military takeover in 1977 reversed the changes. The 8th Amendment turned Pakistan into a semi-presidential republic and in the period between 1985 and 2010, the executive power was shared by president and prime minister. The 18th Amendment in 2010 restored Parliamentary Democracy in the country, and reduced presidency to a ceremonial position.
The constitution prohibits the president from directly running the government.Article 43(1)–43(2) in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan. Instead, the executive power is exercised on his behalf by the prime minister who keeps him informed on all matters of internal and foreign policy, as well as all legislative proposals.Article 46 in Chapter 1: The President, Part III: The Federation of Pakistan in the Constitution of Pakistan. The Constitution however, vests the president with the powers of granting pardons, reprieves, and the control over the military; however, all appointments at higher commands of the military must be made by the president on a "required and necessary" basis, upon consultation and approval from the prime minister.Article 243(2) in Chapter 2: The Armed Forces. Part XII: Miscellaneous in the Constitution of Pakistan.
The president is indirectly elected by the Electoral College for a five-year term. The Constitution requires the president to be a "Muslim of not less than forty five (45) years of age". The president resides in an estate in Islamabad known as Aiwan-e-Sadar (President's House). In his absence, the chairman of Senate exercises the responsibilities of the post, until the actual president resumes office, or the next office holder is elected.
There have been a total of 13 presidents. The first president was Iskander Ali Mirza who entered office on 23 March 1956. The current office holder is Asif Ali Zardari, who took charge on 10 March 2024, following his victory in the 2023 elections.
Judicial branch
Pakistan's independent judicial system began under the British Raj, and its concepts and procedures resemble those of Anglo-Saxon countries. Institutional and judicial procedures were later changed, in 1950s, under the influence of American legal system to remove the fundamental rights problems. The judiciary consists of the Supreme Court of Pakistan, Provincial High Courts, District Courts, Anti-terrorism courts, Sharia courts, and Environmental courts all over the country; Supreme Court being the superior court. The Supreme Court of Pakistan consists of a Chief Justice, and Senior Justices appointed by the president after consultation with the Chief Justice of Pakistan. The Constitution does not fix the number of justices of the Supreme Court, though it can be fixed by Parliament through an act signed by the president.
Judicature transfer The Constitution grants powers to the Supreme Court to make judicature transfers. Although the proceedings in the Supreme Court arise out of the judgement or orders made by the subordinate courts, the Supreme Court reserves the right to transfer any case, appeal or proceedings pending before any High Court to any other High Court.
Supreme Judicial Council Misconduct of judges is highly intolerable as is mentioned in the constitution. Under the mainframe of the Supreme Judicial Council Article 209 an inquiry into the capacity or conduct of a Judge, who is a member of the council, may be conducted.