Politics of Pakistan
The Politics of Pakistan takes place within the framework established by the constitution. The country is a federal parliamentary republic in which provincial governments enjoy a high degree of autonomy and residuary powers. Executive power is vested with the national cabinet which is headed by Prime Minister of Pakistan, who works with the bicameral parliament and the judiciary. Stipulations set by the constitution provide a delicate check and balance of sharing powers between executive, legislative, and judicial branches of the government.
The head of state is the president who is elected by the electoral college for a five-year term. Asif Ali Zardari is currently the president of Pakistan. The president was a significant authority until the 18th amendment, passed in 2010, stripped the presidency of most of its powers. Since then, Pakistan has shifted from a Semi-presidential system to a purely parliamentary government. Since the amendment, the president's powers include the right to pardon and the ability to suspend or moderate any sentence passed by any court or authority.
The government consists of three branches: executive, legislative and judicial. The Executive branch consists of the Cabinet and is led by the Prime Minister. It is totally independent of the legislative branch that consists of a bicameral parliament. The Upper House is the Senate whilst the National Assembly is the lower house. The Judicial branch forms with the composition of the Supreme Court as an apex court, alongside the high courts and other inferior courts. The judiciary's function is to interpret the Constitution and federal laws and regulations.
Pakistan is a multiparty democracy where several political parties compete for seats in the National and Provincial assemblies. However, as an aftermath of the Fall of Dhaka in 1971, a two-party system was developed between the People's Party and Muslim League. There has also been a sharp rise in the popularity of centrist parties such as PML-Q and PTI. The Armed Forces has historically played an influential role in the country's politics, although it has declined in recent years. From the 1950s to 2000s, several coups were staged that overthrew democratic regimes. After the resignation of President Pervez Musharraf in 2008, a sharp line has been drawn between the "military establishment" and politics and Pakistan is moving closer to becoming a democracy after general elections in 2013. Imran Khan ascended to leadership in 2018 with the backing of the military, but was subsequently removed from power in 2022 after losing that support. However, he won re-election in 2024. No Prime Minister of Pakistan has ever completed their full length tenure.
According to the V-Dem Democracy indices Pakistan was autocratizing in 2024. In 2023, according to Freedom in the World, report by Freedom House, Pakistan is categorised as a "partly free" country, and it is categorised as "not free" in terms of internet freedom.
Executive branch
The current and former Presidents of Pakistan, in keeping with the constitutional provision that the state religion is Islam, must be 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. But 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 due to 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.In the past one of these powers —a legacy of military dictator General Muhammad Zia-ul-Haq— has included the president's discretionary ability to dissolve the National Assembly when "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary." This power has twice been granted —by the Eighth Amendment in 1985 and by the Seventeenth Amendment in 2003 —and has twice been revoked— by the Thirteenth Amendment in 1997 and under the Eighteenth Amendment in 2010. Despite this most recent power-stripping, the President remains the ex officio chair of the National Security Council, as per the National Security Act 2004.
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 consists of ministers, ministers of state, and advisers. As of early 1994, there were thirty-three ministerial portfolios: commerce; communications; culture; defence; defence production; education; environment; finance and economic affairs; food and agriculture; foreign affairs; health; housing; information and broadcasting; interior; Kashmiri affairs and Northern Areas; law and justice; local government; minority affairs; narcotics control; parliamentary affairs; petroleum and natural resources production; planning and development; railways; religious affairs; science and technology; social welfare; special education; sports; state and frontier regions; tourism; water and power; women's development; and youth affairs.
Legislative branch
The bicameral federal legislature consists of the Senate and National Assembly. According to Article 50 of the Constitution, the National Assembly, the Senate and the President together make up a body known as the Majlis-e-Shoora.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 they die or resign sooner, or 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.Judicial Branch
The judiciary includes the Supreme Court, provincial high courts, District & sessions Courts, Civil and Magistrate courts exercising civil and criminal jurisdiction. Some federal and provincial courts and tribunals such as Services court, Income tax & excise court, Banking court and Boards of Revenue's Tribunals are as well established in all provinces.Supreme Court
In reference of ARTICLE 175 APPOINTMENT OF JUDGESThe Supreme Court has original, appellate, and advisory jurisdiction.
There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.
For appointment of Judges of the Supreme Court, the Commission shall consist of---
Chief Justice of Pakistan; Chairman
most senior Judges of the Supreme Court;Member
a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the member Judges, for a term of two years; Member
Federal Minister for Law and Justice;Member
Attorney-General for Pakistan; and Member
a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years.
Now withstanding anything contained in clause or clause, the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.
The chief justice and judges of the Supreme Court may remain in office until age sixty-five: now 68 years and this is also another clause of seventeenth amendment.
Federal Shariat Court of Pakistan
The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Of the eight judges, three are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of three years, which may eventually be extended by the President.Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of three Muslim judges of the Supreme Court and two Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take the necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.
Ever since its establishment in 1980, the Federal Shariat Court of Pakistan has been the subject of criticism and controversy in society. Created as an Islamisation measure by the military regime and subsequently protected under the controversial 8th Amendment, its opponents question the very rationale and utility of this institution. It is stated that this court merely duplicates the functions of the existing superior courts and also operates as a check on the sovereignty of Parliament. The composition of the court, particularly the mode of appointment of its judges and the insecurity of their tenure, is taken exception to, and it is alleged, that this court does not fully meet the criterion prescribed for the independence of the judiciary. That is to say, it is not immune to pressures and influences from the Executive.
In the past, this court was used as a refuge for the recalcitrant judges. And whereas some of its judgments, particularly the ones which rely on the Islamic concept of equity, justice and fair play, expanded and enlarged the scope and contents of individual's rights were commended, others that tend to restrict the rights of women, are severely criticised and deplored.