Q. Write a detailed note senate under 1973 constitution. (2000/A and (2001/A)
Q. Explain the composition and function of senate under 1973 constitution. (2000/S and 2003/A) (2005)
The present constitution of 1973 provides the parliamentary from of government. Article 50 says that there shall be a Majils-e-Shoora (parliament) consisting of the president and the two houses to be knows as the national assembly and the senate. the senate is the upper house of parliament.
2. Relevant provision:
Article 59, 59, 60, 61.
3. Composition of the senate:
The senate shall consist of 100 members of whom:
(a) Fourteen shall be elected by the members from each provincial assembly.
(b) Eight shall be elected by members the federal administered Tribal Areas in the national assembly.
(c) Four shall be elected from federal capital in such a manner as the president may, by order prescribe.
(d) Four woman and four member by each provincial assembly to represent ulema, technocrats, and other professional.
3. Qualification for the member:
(i) Citizen of Pakistan:
He should be citizen of Pakistan.
He should not be less than thirty year of age.
(iii) Mentally fit:
He should be mentally fit.
(iv) Not insolvent:
He should not be insolvent.
(v) Not hold any office of profit:
He should not hold any office of profit in the service of Pakistan.
4. Procedure for election:
Members of the senate are elected in accordance with system of proportional representation by means of single transferable vote. The device of representation by single transferable vote has been adopted for election to the senate in order to give proportional representation to the various parties so that all parties may also be represented and have a share in political life of the country.
5. Term of the senate:
According to the constitution the senate cannot be dissolved. The term of its member shall be six year.
The candidate can not be member of both houses at a time and has to resign in one house.
7. Privileges of members:
Members of the senate have following privileges:
(i) Freedom of speech:
The members have full freedom of speech in the house.
(ii) Not answerable to any court:
No member is liable to any proceeding in any court for any thing said in the house.
(iii) Salary and allowances:
The members of the senate are paid salary and allowances.
The members are given free accommodation.
8. Summoning and prorogation of session:
The president of Islamic republic of Pakistan from time to time summon the senate to meet at such time and place as he thinks fit and may also prorogate the same.
9. Voting and quroum:
The quroum shall be one fourth of the membership and all decision shall be made with majority vote.
10. Chairman and deputy chairman of the senate:
The senate shall elect from amongst its members a chairman and a deputy chairman. they -shall take oath of their office. the chairman and deputy chairman can be removed from their office by passing a resolution with the majority vote of total membership of the senate.
11. Power and functions of the senate:
The senate has following powers and function.
The senate takes part in law making process. it is most important duty of the parliament. the senate has power to pass a bill or reject by national assembly.
The senate keeps and watch on the administration. all important appointments are made by the senate.
The senate may make rules for regulating its procedure and conduct of its business. if a person in the service of Pakistan disgraces any member of or creates hurdle in the performance of his duties the member may move privilege motion against such government servant.
The senate performs electoral functions in many ways for example election of the president Islamic republic of Pakistan.
(v) Education center for politician:
The senate is education center for politician Pakistan.
(vi) Amendment in the Constitution:
The senate has power to amend the constitution.
(vii) Removal of Grievances of the people:
The senate removes the grievances of the people and discuss their problems.
To conclude I can say that the senate is the upper house of parliament. it consist of 100 members. it is a continuous body. the members of the senate are elected in accordance with the proportional representation by means of the single transferable vote. The daily sessions of the senate are presided by a chairman. under the constitution senate can not be dissolved.
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