| Parliament name (generic / translated) |
Majlis-E-Shoora / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
National Assembly |
| Related chamber (for bicameral parliaments) |
Senate
|
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· When the Assembly meets first (Art. 52 of the Constitution of 12.04.1973, as amended up to and including 03.07.1997)
|
| Validation of mandates |
· Validation by a Electoral Tribunal only in case of challenge through election petition (Art. 225 of the Constitution, S. 57 (1) of The Representation of the People Act)
· Procedure (see S. 52 to 77 of The Representation of the People Act)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 52 of the Constitution; for early dissolution, see Art. 58 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 64 (1) of the Constitution, Rule 25 (1) of the Rules of Procedure and Conduct of Business)
· Procedure (Art. 64 (1) of the Constitution, Rule 25 (2) to (4) of the Rules of Procedure and Conduct of Business)
· Authority competent to accept the resignation: the resignation need not be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Revocation before expiry of mandate by the party (Art. 63A of the Constitution, S. 99 (2) of The Representation of the People Act, S. 8B of The Political Parties Act)
(b) Definitive exclusion from Parliament by the latter: loss of mandate for absence for forty consecutive sitting days without leave of the House (Art. 64 (2) of the Constitution)
(c) Loss of mandate for disqualification, including incompatibilities (Art. 62, 63, and 223 of the Constitution, S. 99 (1) and 100 of The Representation of the People Act, S. 8 of the Political Parties Act). Procedure (Art. 63 (2) of the Constitution, Rule 28 (1) of the Rules of Procedure and Conduct of Business).
(d) Loss of mandate for false or incorrect declaration of assets
(e) Death (Rule 28 (2) of the Rules of Procedure)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The Deputy Speaker
3. The Leader of the House
4. The Leader of the Opposition
5. The other MPs
· Outside Parliament (Warrant of Precedence for Pakistan): the official order of precedence ranks the MPs in the 16th position.
|
| Indemnities, facilities and services |
· Official passport
· Basic salary (Art. 250 of the Constitution, Salary and Allowance Act): PKR 5,000
+ Additional allowance: PKR 12,600 per month
· Partial exemption from tax
· No pension scheme
· Other facilities:
(a) Assistants for the Chairmen of Standing Committees
(b) Official housing for the Chairmen of Standing Committees
(c) Official car for the Chairmen of Standing Committees
(d) Postal and telephone services
(e) Travel and transport
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 66 (1) of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: discussion on the conduct of a Judge of the Supreme Court or of a High Court (Art. 68 of the Constitution), offence or insult (Rules 267 and 268 of the Rules of Procedure and Conduct of Business, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 66 (2) and 250 of the Constitution in connection with S. 3 of The Members of the National Assembly (Exemption from Prevention Detention and Personal Appearance) Ordinance). See also Art. 69 of the Constitution.
· It covers all offences and protects MPs only from being held in preventive custody. In case of arrest, detention, conviction or release of a Member, the Speaker has to be informed (see Fourth Schedule to the Rules of Procedure and Conduct of Business).
· Derogations: reasons of State connected with defence, external affairs, or the security of Pakistan or any part thereof
· Parliamentary inviolability prevents MPs from being called as witnesses before a judge or tribunal (to appear in person in any Civil or Revenue Court, or before any Election Tribunal).
· Protection is provided during sessions, and for a period of fourteen days before and fourteen days after the session. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted for appearance in person in any Civil or Revenue Court, or before any Election Tribunal (S. 3 of The Members of the National Assembly (Exemption from Prevention Detention and Personal Appearance) Ordinance):
- Competent authority: the Court
- Procedure (S. 4 of The Members of the National Assembly (Exemption from Prevention Detention and Personal Appearance) Ordinance). In this case, MPs can(not) be heard. They do (not) have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament:
- Competent authority: the Speaker
- Procedure: the Speaker may summon the jailed MP if he thinks that his presence is necessary.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbook of parliamentary procedure:
- Rules of Procedure and Conduct of Business
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings. For leave of absence, see Rules 23 and 24 of the Rules of Procedure and Conduct of Business.
· Penalties foreseen in case of failure to attend 40 consecutive sitting days (Art. 64 (2) of the Constitution): loss of mandate
· Body competent to judge such cases/to impose penalties: the National Assembly
|
| Discipline |
· The rules governing discipline within Parliament are contained in Rules 14 (2), 15, 252, 266 to 269 of the Rules of Procedure and Conduct of Business.
· Disciplinary measures foreseen:
- Warning for irrelevance (Rule 252 of the Rules of Procedure and Conduct of Business)
- Order to discontinue the speech (Rule 252 of the Rules of Procedure and Conduct of Business)
- Order to withdraw (Rule 267 of the Rules of Procedure and Conduct of Business)
- Naming and suspension (Rule 268 of the Rules of Procedure and Conduct of Business)
- Adjournment of the House, suspension of the sitting (Rule 269 of the Rules of Procedure and Conduct of Business)
· Specific cases:
- Offence or insult (Rules 267 and 268 of the Rules of Procedure and Conduct of Business): order to withdraw, naming and suspension
· Competent body to judge such cases (Rules 14 (2), 15, and 266 (1) of the Rules of Procedure):
- Warning for irrelevance, order to discontinue the speech, order to withdraw, naming, adjournment of the House, suspension of the sitting: the Speaker or Presiding Officer
- Suspension: the National Assembly
The Sergeant-at-Arms enforces the orders.
· Procedure:
- Warning for irrelevance, order to discontinue the speech (Rule 252 of the Rules of Procedure and Conduct of Business)
- Order to withdraw (Rule 267 of the Rules of Procedure and Conduct of Business)
- Naming and suspension (Rule 268 of the Rules of Procedure and Conduct of Business)
- Adjournment of the House, suspension of the sitting (Rule 269 of the Rules of Procedure and Conduct of Business)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 63 (1) (d), (e), (g) to (l), (n), and (o), and Art. 223 of the Constitution, S. 99 (1) (d) to (h), (1A) (d), (e), (g) to (l), and (n) to (q), and S. 100 (1) of The Representation of the People Act).
· Penalties foreseen for violation of the rules of conduct: loss of mandate (Art. 63 (1) (d), (e), (g) to (l), (n), and (o), and Art. 223 of the Constitution, S. 99 (1) (d) to (h), (1A) (d), (e), (g) to (l), and (n) to (q), and S. 100 (1) of The Representation of the People Act; incompatibilities, misconduct)
· Competent body to judge such cases/to impose penalties: the Chief Election Commissioner
· Procedure:
- Loss of mandate (Art. 63 (1) (d), (e), (g) to (l), (n), and (o), and Art. 223 of the Constitution, S. 99 (1) (d) to (h), (1A) (d), (e), (g) to (l), and (n) to (q), and S. 100 (1) of The Representation of the People Act; incompatibilities, misconduct). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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