Politics

In recent history, the Pakistani political processes have taken place in the framework of a federal republic, where the system of government has at times been parliamentary, presidential or semi-presidential. In the current semi-presidential system, the President of Pakistan is the head of state, the Prime Minister is head of government and there is a pluriform multi-party system. Executive power is exercised by the government. Legislative power is largely vested in the Parliament.

Background

The Muslim League formed Pakistan's first government under the leadership of Muhammad Ali Jinnah and Liaquat Ali Khan. The Muslim League's leadership of Pakistani politics decreased significantly with the rise of other political parties, with the Pakistan People's Party in West Pakistan, and the Awami League in East Pakistan, which would ultimately lead to the creation of Bangladesh. The first Constitution of Pakistan was adopted in 1956, but was suspended in 1958 by Ayub Khan. The Constitution of 1973, suspended in 1977 by Zia-ul-Haq, was re-instated in 1991 and is the country's most important document, laying the foundations of government.

Executive Branch

The president, in keeping with the constitutional provision that the state religion is Islam, must be a Muslim. Elected for a five-year term by an Electoral College consisting of members of the Senate and National Assembly and members of the provincial assemblies, the president is eligible for re-election, although no individual may hold the office for more than two consecutive terms. The president may resign or be impeached and may be removed from office for incapacity or gross misconduct by a two-thirds vote of the members of the parliament. The president generally acts on the advice of the prime minister but has important residual powers.

The prime minister is appointed by the members of the National Assembly through a vote. The prime minister is assisted by the Federal Cabinet, a council of ministers whose members are appointed by the president on the advice of the prime minister. The Federal Cabinet comprises the ministers, ministers of state, and advisers.

Legislative Branch

The bicameral federal legislature consists of the Senate (upper house) and National Assembly (lower house). According to Article 50 of the Constitution, the National Assembly, the Senate and the President together make up a body known as the Majlis-i-Shoora (Council of Advisers).

Pakistan's democracy has no recall method. However, past governments have been dismissed for corruption by the President's invocation of Article 58 of the Constitution. The President's power to dismiss the Prime Minister and dissolve the National Assembly was removed by the Thirteenth Amendment and partially restored by the Seventeenth Amendment.

Senate

The Senate is a permanent legislative body with equal representation from each of the four provinces, elected by the members of their respective provincial assemblies. There are representatives from the Federally Administered Tribal Areas and from Islamabad Capital Territory. The chairman of the Senate, under the constitution, is next in line to act as president should the office become vacant and until such time as a new president can be formally elected. Both the Senate and the National Assembly can initiate and pass legislation except for finance bills. Only the National Assembly can approve the federal budget and all finance bills. In the case of other bills, the president may prevent passage unless the legislature in joint sitting overrules the president by a majority of members of both houses present and voting. Unlike the National Assembly, the Senate cannot be dissolved by the President.

National Assembly

Members of the National Assembly are elected by universal adult suffrage. Seats are allocated to each of the four provinces, the Federally Administered Tribal Areas, and Islamabad Capital Territory on the basis of population. National Assembly members serve for the parliamentary term, which is five years, unless the National Assembly is dissolved. Although the vast majority of the members are Muslim, about 5 percent of the seats are reserved for minorities, including Christians, Hindus, and Sikhs. Elections for minority seats are held on the basis of separate electorates at the same time as the polls for Muslim seats during the general elections. There are also 50+ special seats for women now, and women are selected (i.e. not directly elected in the general election but given representation accordingly their parties performed in the general election) on these seats by their party head: another seventeenth amendment innovation.

Judicial Branch

The judiciary includes the Supreme Court, provincial high courts, and other lesser courts exercising civil and criminal jurisdiction.

Supreme Court

The Supreme Court has original, appellate and advisory jurisdiction. The Chief Justice of the Supreme Court is appointed by the president; the other Supreme Court judges are appointed by the president after consultation with the chief justice. The chief justice and judges of the Supreme Court may remain in office until age 68.

Provincial and High Courts

Judges of the provincial high courts are appointed by the president after consultation with the chief justice of the Supreme Court, as well as the governor of the province and the chief justice of the high court to which the appointment is being made. High courts have original and appellate jurisdiction.

Federal Shariat Court

There is also a Federal Shariat Court consisting of eight Muslim judges, including a chief justice appointed by the president. Three of the judges are ulama, that is, Islamic Scholars, and are well versed in Islamic law. The Federal Shariat Court has original and appellate jurisdiction. This court decides whether any law is contrary to the injunctions of Islam. When a law is deemed contrary to Islam, the president, in the case of a federal law, or the governor, in the case of a provincial law, is charged with taking steps to bring the law into conformity with the injunctions of Islam. The court also hears appeals from decisions of criminal courts under laws relating to the enforcement of hudud laws that is, laws pertaining to such offences as intoxication, theft, and unlawful sexual intercourse.

Special Courts

In addition, there are special courts and tribunals to deal with specific kinds of cases, such as drug courts, commercial courts, labour courts, traffic courts, an insurance appellate tribunal, an income tax appellate tribunal and special courts for bank offences. There are also special courts to try terrorists. Appeals from special courts go to high courts except for labour and traffic courts, which have their own forums for appeal. Appeals from the tribunals go to the Supreme Court.

Mohtasib

A further feature of the judicial system is the office of Mohtasib (Ombudsman), which is provided for in the constitution. The office of Mohtasib was established in many early Muslim states to ensure that no wrongs were done to citizens. Appointed by the president, the Mohtasib holds office for four years; the term cannot be extended or renewed. The Mohtasib's purpose is to institutionalise a system for enforcing administrative accountability, through investigating and rectifying any injustice done to a person through maladministration by a federal agency or a federal government official. The Mohtasib is empowered to award compensation to those who have suffered loss or damage as a result of maladministration. Excluded from jurisdiction, however, are personal grievances or service matters of a public servant as well as matters relating to foreign affairs, national defence, and the armed services. This institution is designed to bridge the gap between administrator and citizen, to improve administrative processes and procedures, and to help curb misuse of discretionary powers.

Foreign Relations

Pakistan is the second largest Muslim country in terms of population, and its status as a declared nuclear power, being the only Muslim nation to have that status, plays a part in its international role. It is also an active member of the United Nations. Historically, its foreign policy has encompassed difficult relations with India, a desire for a stable Afghanistan, long-standing close relations with the People's Republic of China, extensive security and economic interests in the Persian Gulf and wide-ranging bilateral relations with the United States and other Western countries. Pakistan is also an important member of the Organisation of the Islamic Conference (OIC). Pakistan has used the OIC as a forum for Enlightened Moderation, its plan to promote a renaissance and enlightenment in the Islamic world.

Wary of Soviet expansion, Pakistan had strong relations with both the United States of America and the People's Republic of China during much of the Cold War. It was a member of the ADNTO and SEATO military alliances. Its alliance with the United States was especially close after the Soviets invaded the neighbouring country of Afghanistan.

In 1964, Pakistan signed the Regional Cooperation for Development (RCD) Pact with Turkey and Iran, when all three countries were closely allied with the US, and as neighbours of the Soviet Union. To this day, Pakistan has a close relationship with Turkey. RCD became defunct after the Iranian Revolution, and a Pakistani-Turkish initiative led to the founding of the Economic Cooperation Organisation (ECO) in 1985. Pakistan's relations with India have improved recently and this has opened up Pakistan's foreign policy to issues beyond security.