Provincial Assembly of the Punjab
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Provincial Assembly of the Punjab is a unicameral house of elected representatives of People of Punjab established under the Article 106 of the Constitution of the Islamic Republic of Pakistan. Under this article the total number of seats for the Provincial Assembly of the Punjab through direct vote is 297, 66 seats are reserved for women and 8 seats for non-Muslims.
[edit] Historical Background Of The Building
The Present Punjab Assembly Chamber was built in 1935. It was then situated on a relatively very open area. It was designed by Mr Bazel M. Salune, Superintending Architect, Architecture circle, Punjab. Its foundation stone was laid down by Sir Jogindar Singh, Minister for Agriculture, in November, 1935.
[edit] Site and Structure of the Building
The Punjab Assembly Building, built on the Shahrah-e-Quaid-Azam, (The Mall) is a marvelleous piece of Roman architecture and is one of the historical and prestigious buildings of the country. The building and the beautiful lawns appertaining thereto are spread over an area of 16 acres. Assembly building has two floors. The first floor consists of a hall. The Assembly Hall, which is the Pivotal and the most important part of the building, presents a rare admixture of grandeur and beauty. It was originally constructed for small number of members, however it has capacity to accommodate 271 members. The hall is fitted with the latest Public Address/ conference and CCTV system. There are galleries for the Press, Radio, and T.V and visitors for witnessing the proceedings of the Assembly, with a total capacity of 200 seats. Besides that first floor consists of Speaker's Chamber, C.M's Chamber, Deputy Speaker's Office, Cabinet Room, Minister's Offices, two committee rooms and Assembly Secretariat offices.
There is wide reception Area, Cafeteria, Library, Prayer room, Dispensary, Leader of the Opposition office, One Committee room, Bank and Offices of Assembly Secretariat on ground floor.
[edit] M.P.As. Hostels
Besides Punjab Assembly chambers, there are two residential hostels owned by Punjab Assembly authorities. Which are used for the boarding of out station members coming to Lahore for attending meetings of the Assembly or any of the committees. (a) Pipals House.- The member's first residential hostel is called 'Pipal's House' which is situated near the Punjab Civil Secretariat. It was built in 1950. There are only 40 rooms in the hostel. The hostel consists of three double storyed blocks each facing a common garden in the centre, 6 rooms on each storey and a fourth block with four rooms. Each residential unit consists of a huge bed cum sitting room, a dressing room and a bath room. Some units have kitchen and verandah at the back of rooms. There is a corridor in front of all rooms served as passage. (b) New M.P.As. Hostel.- Due to inadequate residential facility of Pipals House, it was in 1988, the project for construction of new hostel, near the Provincial Assembly of the Punjab was envisaged. It was planned to cater the residential facility of increasing Members of the Provincial Assembly. M/s Nayyar Ali Dada, was appointed as consultant by the Chief Minister, Punjab, who carried out the Master Plan for this project. The site was selected for the construction of a New MPA's Hostel in the lawn of the western side of the Assembly Building. In view of heavy financial implications and inadequate funding, the possibility of undertaking this project as a whole was not feasible, therefore, this project was split into different phases. As per master plan, it was planned that New M.P.As Hostel building would comprise 2 blocks A and B. The shape of Block 'A' was Semi circular, where as Block "B" was rectangular in shape. I According to the Master plan Block 'A' comprising phase I and II, consisted of 108 suites. In 1988, construction of phase I started and foundation stone was laid down by the then Chief Minister Mian Muhammad Nawaz Sharif. This phase (1/3 portion of Block 'A') completed in 1992 and inaugurated by Mian Manzoor Ahmad Wattoo, the then Speaker of Provincial Assembly of the Punjab. It consists of basement, ground floor consisting of reception and lounge for visitors. service floor, (for provision of different services like water supply, sewerage, gas supply etc.). Then start four residential floors consisting of total 36 suites. Each floor consists of 9 suites and each suite consists of one bed room with attached bath and kitchen. The construction of phase II, could not be undertaken. According to the original plan, this phase had 72 residential units/suites for M.P.As which was later revised. According to the revised plan it had only 40 residential suites consisted of a lounge, a bed room, an office, a kitchen, and two bath rooms. One bath room was attached with the lounge and other with the bed room.
[edit] CONSTITUTIONAL INTRODUCTION OF PROVINCIAL ASSEMBLY
By virtue of 1973 Constitution, Pakistan[1] is a Federal Republic with Parliamentary System of Government. As Pakistan is composed of four provinces, therefore, it has federal system. The authority is distributed between Federation and provinces. The parliament of federation consists of the President and two Houses namely Senate and the National Assembly. However, in the provinces, there is unicameral system.
[edit] Constitution of Provincial Assemblies
Article 106 provides the Constitution of Provincial Assemblies and under this article the total number of seats for the Provincial Assembly of the Punjab through direct vote is 297, 66 seats are reserved for women and 8 seats for Non-Muslims
[edit] Qualification and disqualification of members
(a) Qualification of members.- Article 62 read with Article 113 deals with qualifications for the membership of the Provincial Assembly. (b) Disqualification of members.- Article 63 read with Article 113 and 127 and Article 63 A read with Article 127 deal with disqualifications for a membership of the Provincial Assembly. Article 63 A which deals with disqualification on ground of defection, was added in the Constitution in 1997.
[edit] Privileges of members
Article 66 read with Article 127 confers freedom of speech on the members of the Provincial Assembly. No member is liable to any proceedings in any court of law in respect of anything said or any vote given by him in Assembly. Similarly no member is liable in respect of any publication which is published under the authority of Provincial Assembly. However, Article 114 of the Constitution curtails this privilege and prohibits members from discussing conduct of judges of High Court and Supreme Court in the discharge of their duties. First day proceedings in the Provincial Assembly (a) Oath of Members.- After general elections, elected members in the first meeting take oath in the form set out in Third Schedule of the Constitution. Article 65 read with Article 127 states "A person elected to a House shall not sit or vote until he has made before the House oath in the form set out in the Third Schedule". Those members who have not taken oath in the first meeting take oath when they attend a meeting for the first time. The first meeting is presided by the outgoing Speaker. Article 53 (8) read with Article 127 says "the Speaker shall continue in his office till the person elected to fill the office by next Assembly enters upon his office." (b) Election and oath of Speaker and Deputy Speaker.- In addition to oath taking by the members, Provincial Assembly according to Article 108 to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker. When office of Speaker or Deputy Speaker becomes vacant, in anyway, the Assembly elects another member as Speaker or Deputy Speaker. The elected Speaker and Deputy Speaker according to clause 2 of Article 53 read with Article 127 take oath before the House in the form set out in the Third Schedule.
[edit] Summoning and prorogation of Provincial Assemblies
Article 109 authorizes Governor of the Province to summon Provincial Assembly to meet at such time and place as he thinks fit. Where Governor summons Assembly he is authorized to prorogue it too. In addition to it, Speaker, on a requisition signed by not less than one-fourth of the total membership of the Provincial Assembly, can summon it, at such time and place as he thinks fit within fourteen days of the receipt of the requisition. Article 54(3) read with Article 127 also empowers the Speaker to prorogue the session where he summons it.
[edit] Number of Sessions and days during a year
Article 54 (2) and (3) read with article 127 say there are at least three sessions of Provincial Assembly every year, with not more than 120 days intervening between the last sitting of the Assembly in one session and the date appointed for its first sitting in the next session. While clause 'g' of Article 127 read with Proviso to Article 54 provides that Provincial Assembly shall meet for not less than 70 working days in each year.
[edit] Duration of Provincial Assembly
The term of Provincial Assembly in Pakistan according to Article 107 is five years unless it is sooner dissolved, from the day of its first meeting and stands dissolved at the expiration of its terms.
[edit] Other methods of dissolution of Provincial Assembly
(a) Dissolution of Provincial Assembly on the advice by the Chief Minister.- Under Article 112, clause 1. The Governor of a Province is empowered to dissolve Provincial Assembly if so advised by the Chief Minister. Where Chief Minister so advises, the Provincial Assembly stands dissolved at the expiration of 48 hours. (b) Dissolution of Provincial Assembly by the Governor on the approval by the President Clause 2 of the same Article again empowers the Governor to dissolve Provincial Assembly subject to the approval of the President, where he is of the opinion, that after having been passed a vote of no confidence against the Chief Minister, there is no other member of the Provincial Assembly to command the confidence of the majority of the members of the Provincial Assembly, in a session of the Provincial Assembly summoned for the purpose.
[edit] Executive Authority of a Province
Executive Authority is exercised by the Governor and under Article 105, he shall act in accordance with advice of the cabinet or the Chief Minister.
[edit] Appointment and ascertainment of Chief Minister
According to clause 2 A of Article 130, the Governor of a Province invites the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly as ascertained in the session of the Assembly summoned for the purpose in accordance with the provisions of the constitution.
[edit] Powers and Functions of Provincial Assembly
There are three major functions or powers of a Provincial Assembly. 1- To make laws. (as laid down in Article 141 and 142 of Constistution Of Pakistan) 2- Manager of the purse of the nation. [as laid down in Article123 (3)]. 3- To keep checks on the policies and practices of the Government. [as laid down in Article 130
1- To make laws.
One of the major function of Provincial Assembly is to make laws as provided in Article 141 of the Constitution for conferring of functions upon officers or authorities subordinate to the Provincial Governments, Constitutionally. This function is subject to some limitations.
1. under Article 142, a Provincial Assembly cannot legislate when emergency is declared in the country.
2. A Provincial Assembly cannot make law which is against fundamental rights.
3. Principles of policy or rule of law should be the base of each law.
4. A law cannot be enacted if it is not in conformity with the injunctions of Islam.
These are limitations which are imposed both on National Assembly and Provincial Assemblies in the area of law making.
(a) Federal Legislative List and Concurrent Legislative List.-
In addition to these limitations, there is one restriction on a Provincial Assembly provided by Article 142 that it can not legislate on matters which do not fall within its preview. However, under the same article, Provincial Assembly can legislate on matters mentioned in Concurrent Legislative List. But where parliament makes a law in Concurrent Legislative List, and Provincial Assembly also legislates on it, the Provincial law, will be void to the extent of the repugnancy with the Federal law.
(b) Residuary List.-
But Provincial Assembly has exclusive powers to make law, with respect to any matter not enumerated either in Federal Legislative List or in the Concurrent Legislative List. Such list is called Residuary List. Residuary matters are exclusively within Provincial autonomy. From the above it cannot be extracted that Province is subordinate to the Federation or Federation is subordinate to Province. In fact legislative powers are distributed between Federation and the Provinces vide Article 142. And one institution cannot take over powers of other institution. However, this provincial law making power comes to an end, and shifts to Federation during emergency when declared vide Articles 232, 233 or 234. 2. Manager of purse of a nation. Second important function of Provincial Assembly under Article 123 (3) is that it acts as a manager or custodian of the purse of a nation.
[edit] Provincial Consolidated Fund
No expenditure from the Provincial Consolidated Fund is deemed to be duly authorised unless it is specified in the schedule so authenticated and is laid before the Provincial Assembly. Provincial Assembly exercises checks over executive through control over the Finance. Article 119 provides custody and withdrawal of money from Provincial Consolidated Fund, (defined in Article 118) and public accounts of a Province, unless it is regulated by the Act of the Provincial Assembly.
[edit] Annual and Supplementary Budget statement
Provisions given under Article 120 dealing with annual budget statement and Article 124 dealing with supplementary budget or excess grant become effective, when it is approved by the Provincial Assembly.
[edit] Approval of Budgets
Article 122(2) and Article 124 authorise Provincial Assembly to approve or refuse any demand and reduce the amount specified in the demand. Once budget is approved, the Government has no right to deviate from these sanctions. For excess expenditure Government has to seek regularization from the Assembly. Similarly under Article 88 read with Article 127, accounts and audit reports of the Government are further scrutinized by the public accounts Committee of the Assembly.
3- To keep checks on the policies and practices of the Government
The significance of Provincial Assembly is that it is a representative institution and keeps checks upon policies, practices and performance of the Government. Article 130 (4) says.-
130 (4) The Cabinet shall be collectively responsible to the Provincial Assembly.
[edit] Devices of Accountability
Issues relating to Public interest are raised by the Members for discussion in the House in the form of questions, adjournment motions, call attention notices, general discussion, resolutions and various Reports
The Members make the Executive accountable to the legislature through these devices according to the Rules of Procedure of the Provincial Assembly of the Punjab 1997.
[edit] MEMBERS SUPPORT PROGRAMME
This programme is in fact meant to effectively serve Members of the Provincial Assembly in different areas. They are provided legislative help in drafting private members bill. They are provided useful and informative books. Internet facility is also available to them and through surfing they can polish their ideas.
To provide these facilities to the Members, in 1997 Research and Reference Division was formed in Provincial Assembly of the Punjab. Library and Computer Sections were made a necessary part of this Division.
In fact, this division was exclusively established with the objectives to provide necessary information and data to the Members when needed and collect up to date data information and data from the resources available.
To attain these objectives different posts starting from Director (Research & Publications) upto Research Officers were created in Research Section. It was also formed to provide legislative help to the people representatives like drafting of a bill etc. This service prior to the establishment of Research and Reference Wing was effectively and proficiently performed by Legislation Branch.
[edit] Automation Section and Library Section are parts of Research and Reference Division
The primary functions of Library Section is to provide data to the Members and Research Section which is available in the library in form of proceedings of different Assemblies in books and microfilms, electronic multi-media and books of encyclopedias, different reports etc. while Automation Section in collaboration with Research Section helps members to know summary or proceedings on daily, monthly and yearly basis. The information such as Agenda of the proceedings, date of next sitting, schedule of the meetings of the committees and information about Members are available due to installation of latest PBX. The Assembly Secretariat has stored vital information in computer and it can be accessible from anywhere round the clock.
Moreover, Research and Reference Division has designed web page to provide information to the Members about Assembly Secretariat and proceedings of the Assembly including schedule, agenda and summary of proceedings. This web page also includes rules of procedure of the Provincial Assembly of the Punjab and some other important laws of the country.
However, it can be opined that all efforts accomplished by Research and Reference Division for Members support service will be more effective and useful in future.
[edit] COMPOSITION OF THE CURRENT ASSEMBLY
- Date of General Election 10.10.2002
- Date of first meeting of the Assembly 25.11.2002
- First meeting Presided over by Ch Pervaiz Elahi outgoing Speaker of PAP.
- Total Seats = 371
1.General Seats 297 2.Women Reserved Seats 066 3.Non-Muslims Reserved Seats 008
[edit] FUNCTIONARIES
- Speaker, his date of election and Oath
Ch Muhammad Afzal Sahi:,27-11-2002
- Deputy Speaker, his date of election & oath
Sardar Shaukat Hussain Mazari:, 27-11.2002
- Chief Minister, his date of Ascertainment, oath & vote of confidence.
Ch. Pervaiz Elahi:,29-11-2002:,30-11-2002
- Leader of Opposition & his date of nomination
Mr Qasim Zia:,19-12-2002
- Secretary, his date of assumption
Mr Saeed Ahmad:,15-01-2004
[edit] PARTY POSITION IN THE HOUSE
- NAME AND SEATS OF THE PARTY IN ASSEMBLY
a)Pakistan Muslim League (Q) = 240
b)Pakistan Peoples Party (Parliamentarian)= 60
c)Pakistan Muslim League (N) = 32
d)National Alliance = 15
e)M.M.A. = 8
f)Pakistan Peoples Party (Patriot) = 7
g)Pakistan Muslim League (Jinnah) = 4
h)Pakistan Muslim League (J) = 3
i)Pakistan Muslim League (Zia) = 1
j)vacant seat = 1
Total seats = 371
