Legislative Process

In order for a bill to become law in Pakistan, it undergoes a legislative procedure in both
houses of Parliament i.e. National Assembly and Senate. This procedure is controlled by
Pakistan’s Constitution and the Rules of Procedure of the relevant house, and involves
twelve or thirteen steps. After the bill is passed it is to be signed by The President. Without
President’s Sign the bill cannot pass except money related bills
The steps are
(a) Introduction of the bill,
(b) A first reading,
(c) The select committee stage,
(d) A second reading,
(e) A third reading, and
(f) Presidential assent.
More generally, the Constitution provides the following rules on the introduction and
passage of bills:

1) A bill about any matter in the Federal Legislative List may be presented first in the
house whose member is going to present the bill, and then it may be moved to the
other house. After the bill has been passed by both the houses then it is presented to
the President for sign.
2) If 2nd house in which the bill is presented, propose some changes in the bill, then it
shall be sent to the house where it had originated and then sent to the president for
sign.
3) If the Bill is rejected by any house in its first 90 days then the bill it is presented for
vote in a joint sitting both for voting. After successful voting it shall be sent to the
president.
 A. Types and Forms of Bills
Generally, there are two forms of bills:
1. Government Bills: bill presented by Government ministers
2. Private Members’ Bill: bill presented by a member of Parliament
Both can be passed by a simple majority.

Bills are also classified by type, according to the subject matter addressed.
For example, a constitutional amendment bill, a money bill etc.

B. Overview of the Process

A federal bill must pass three readings in both the National Assembly and the Senate
before it is passed into law.

Introduction, Order of the Day, and First Reading

The legislative process is started by the introduction of a bill.
For Government Bills, a notice signed by minister including following documents should
be sent to all the members of the house in which it has been presented first.
1. Copy of the Bill
2. Statements of Reasons
3. A certificate telling whether it is a Money Bill or not.
For Private Members Bill, Notice should be sent ten days before the introduction and it
will be presented only on Private Member’s Day. If the request to present the bill is
rejected then the Speaker may without further debate put the question, however the
Speaker may allow the mover and Member opposing a little time to settle the issue.
When the request is granted, the member-in- charge shall move to introduce the Bill
forthwith, and the Bill shall stand introduced. Copy of the Bill shall be supplied to the
members:

After a bill is introduced it is published in the official gazette as early as possible.

The Bill may be sent to a standing committee for further analysis or may not be. After this
request to present the bill must be written down in the Orders of the Day.
The following motions may be made:
(a) that it be taken into consideration at once;
or
(b) that it be taken into consideration on a date to be fixed forthwith;
or
(c) that it be referred to a Select Committee;
or
(d)
(e) that it be circulated for getting the opinion of all the members.

2. Bills as per Islamic Laws

Before its first reading, a member may raise an objection that the bill in question is not as
per Islamic laws. The house may then, by a voting of at least two-fifths of its members,
send the bill to the Council of Islamic Ideology for advice. The Council of Islamic Ideology
is a constitutional advisory body on Islamic law (Shari‘a) issues. Constitution of Pakistan
states that any bill or law of Pakistan should follow the principals of Quran and Sunnah.

However, the Assembly may at any time proceed with a bill even without the advice of
the Islamic Council, if it considers that quick passage of the bill is in the public interest. If
an issue has been reported by the Council after a bill referred to that body has been
passed., the Minister concerned must move to have the law considered for further action
within seven days of receiving the Council’s advice.
The bill then goes through its first reading, where it is circulated to members for
discussion. The principles of the bill and its general provisions may be discussed, but
according to the rules, “the details of the Bill shall not be discussed further than is
necessary to explain its principles.” Moreover, “At this stage changes to the Bill may not
be moved.” Subsequently a bill may be considered and referred to a select committee or
the bill may be moved to all members for opinion.
The Rules of Procedure on how a bill may be handled at this stage are as follows:
1. The member in charge may move the bill in the house or may sent it to a Select
Committee,
 2. Any Member of the house may ask to circulate the bill for getting the opinion on
the date given in the bill.
3. If the bill has been circulated for opinion, then the member in charge may move
the bill in the house or may sent it to a Select Committee

3. Select Committee Stage

The National Assembly may make select committees on bills These committees “may
allow the bill to be moved as a whole, or any part of it. The committee presents a final
report to the National Assembly.

4. Second Reading
After a bill has been circulated, it then undergoes a second reading, which consists of
reading the entire bill, clause by clause. One day notice is given by the member in charge
for any changes (if any) to be made to the bill. The whole bill, clause by clause, goes
through the second reading and the Speaker decides if the changes made (if any) are to
worthy to be presented in the assembly or not. The speaker may call each clause of the
changes in the bill (if Any) and ask the members that it may or may not be included in the
bill.

5. Third Reading & Passage of Bill

After second reading and no changes made the member in charge may pass the bill for
approval of the house. No changes may be made at this time, and the debate should
contain the arguments supporting or rejecting the measure.” 131

6. Repeated in Other House

After a bill is passed in one house of Parliament, it is sent to the other house for
agreement. Same procedure is to be followed for Senate for approval of bill. Bill(s)
passed from the Senate are sent to the President for his approval.
 7. Presidential Assent
Presidential Assent is the last stage that a bill must complete before officially becoming
an Act of Parliament and part of Pakistan’s laws. The President has to approve the bill in
ten days or it will be considered rejected. The President may send the Bill for changes to
Islamic Council of Ideology. If any changes are made then the whole process is repeated
and then again, the bill is presented to The President for approval and he has to approve
it in Ten Days otherwise it will be considered rejected.
Federal Legislative List
PART I
1. The defence of the Federation or any part thereof in peace or war; the military,
naval and air forces of the Federation and any other armed forces raised or maintained
by the Federation; any armed forces which are not forces of the Federation but are
attached to or operating with any of the Armed Forces of the Federation including civil
armed forces; Federal Intelligence Bureau; preventive detention for reasons of State
connected with defence, external affairs, or the security of Pakistan or any part thereof;
person subjected to such detention; industries declared by Federal law to be necessary
for the purpose of defence or for the prosecution of war.

2. Military, naval and air force works; local self- government in cantonment areas, the
constitution and powers within such areas of cantonment authorities, the regulation of
house accommodation in such areas, and the delimitation of such areas.

3. External affairs; the implementing of treaties and agreements, including

educational and cultural pacts and agreements, with other countries; extradition, including
the surrender of criminals and accused persons to Governments outside Pakistan.

4. Nationality, citizenship and naturalization.

5. Migration from or into, or settlement in, a Province or the Federal Capital.

6. Admission into, and emigration and expulsion from, Pakistan including in relation
thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan;
pilgrimages to places beyond Pakistan.

7. Posts and telegraphs, including telephones, wireless, broadcasting and other like
forms of communications; Post Office Saving Bank.

8. Currency, coinage and legal tender.

9. Foreign exchange; cheques, bills of exchange, promissory notes and other like
instruments.

10. Public debt of the Federation, including the borrowing of money on the security of
the Federal Consolidated Fund; foreign loans and foreign aid.

11. Federal Public Services and Federal Public Service Commission.

12. Federal Pensions, that is to say, pensions payable by the Federation or out of the
Federal Consolidated Fund.

13. Federal Ombudsmen.

14. Administrative Courts and Tribunals for Federal subjects.

15. Libraries, museums, and similar institutions controlled or financed by the

Federation.

16. Federal agencies and institutes for the following purposes, that is to say, for
research, for professional or technical training, or for the promotion of special studies.

17. Education as respects Pakistani students in foreign countries and foreign students
in Pakistan.

18. Nuclear energy, including:-

(a) mineral resources necessary for the generation of nuclear energy;
(b) the production of nuclear fuels and the generation and use of nuclear energy, and
(c) ionizing radiations 822[; and] 822
823[
(d) boilers.
] 823

19. Port quarantine, seamen's and marine hospitals and hospitals connected with port
quarantine.

20. Maritime shipping and navigation, including shipping and navigation on tidal
waters; Admiralty jurisdiction.

824[] 824
22. Aircraft and air navigation; the provision of aerodromes; regulation and
organization of air traffic and of aerodromes.

23. Lighthouses, including lightships, beacons and other provisions for the safety of
shipping and aircraft.

24. Carriage of passengers and goods by sea or by air.

25. Copyright, inventions, designs, trademarks and merchandise marks.

26. Opium so far as regards sale for export.

27. Import and export across customs frontiers as deemed by the Federal
Government, inter-provincial trade and commerce, trade and commerce with foreign
countries; standard of quality of goods to be exported out of Pakistan.

28. State Bank of Pakistan; banking, that is to say, the conduct of banking business
by corporations other than corporations owned or controlled by a Province and carrying
on business only within that Province.

29. The law of insurance, except as respects insurance undertaken by a Province, and
the regulation of the conduct of insurance business, except as respects business
undertaken by a Province, Government insurance, except so far as undertaken by a
Province by virtue of any matter within the legislative competence of the Provincial
Assembly.

30. Stock exchanges and future markets with objects and business not confined to
one Province.

31. Corporations, that is to say, the incorporation, regulation and winding- up of trading
corporations, including banking, insurance and financial corporations, but not including
corporations owned or controlled by a Province and carrying on business only within that
Province, or cooperative societies, and of corporations, whether trading or not, with
objects not confined to a Province, but not including universities.

825[
32. International treaties, conventions and agreements and International arbitration.

] 825
826[] 826
34. National highways and strategic roads.

35. Federal surveys including geological surveys and Federal meteorological

organizations.

36. Fishing and fisheries beyond territorial waters.

37. Works, lands and buildings vested in, or in the possession of Government for the
purposes of the Federation (not being military, naval or air force works), but, as regards
property situate in a Province, subject always to Provincial legislation, save in so far as
Federal law otherwise provides.

827[] 827
39. Establishment of standards of weights and measures.

828[] 828
41. Elections to the office of President, to the National Assembly, the Senate and the
Provincial Assemblies; Chief Election Commissioner and Election Commissions.

42. The salaries, allowances and privileges of the President, Speaker and Deputy
Speaker of the National Assembly, Chairman and Deputy Chairman of the Senate, Prime
Minister, Federal Minister, Ministers of State, the salaries, allowances and privileges of
the members of the Senate and the National Assembly, and the punishment of persons
who refuse to give evidence or produce documents before committees thereof.

43. Duties of customs, including export duties.

44. Duties of exercise, including duties on salt, but not including duties on alcoholic
liquors, opium and other narcotics.

829[] 829
830[] 830
47. Taxes on income other than agricultural income;

48. Taxes on corporations.

49. Taxes on the sales and purchases of goods imported, exported, produced,
manufactured or consumed 831[, except sales tax on services] 831.

50. Taxes on the capital value of the assets, not including taxes 832[] 832 on
immovable property.

51. Taxes on mineral oil, natural gas and minerals for use in generation of nuclear
energy.
52. Taxes and duties on the production capacity of any plant, machinery, undertaking,
establishment or installation in lieu of any one or more of them.

53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on
their fares and freights.

54. Fees in respect of any of the matters in this Part, but not including fees taken in
any court.

55. Jurisdiction and powers of all courts, except the Supreme Court, with respect to
any of the matters in this list and, to such extent as is expressly authorized by or under
the Constitution, the enlargement of the jurisdiction of the Supreme Court, and the
conferring thereon of supplemental powers.

56. Offences against laws with respect to any of the matters in this Part.

57. Inquiries and statistics for the purposes of any of the matters in this Part.

58. Matters which under the Constitution are within the legislative competence of
Majlis- e-Shoora (Parliament) or relate to the Federation.

59. Matters incidental or ancillary to any matter enumerated in this Part.

PART II
1. Railways.

2. Mineral oil and natural gas; liquids and substances declared by Federal law to be
dangerously inflammable.
3. Development of industries, where development under Federal control is declared
by Federal law to be expedient in the public interest; institutions, establishments, bodies
and corporations administered or managed by the Federal Government immediately
before the commencing day, including the 833[Pakistan Water and Power Development
Authority and the Pakistan Industrial Development Corporation] 833; all undertakings,
projects and schemes of such institutions, establishments, bodies and corporations,
industries, projects and undertakings owned wholly or partially by the Federation or by a
corporation set up by the Federation.

834[
4. Electricity.

5. Major ports, that is to say, the declaration and delimitation of such ports, and the
constitution and powers of port authorities therein.

6. All regulatory authorities established under a Federal law.

7. National planning and national economic coordination including planning and

coordination of scientific and technological research.

8. Supervision and management of public debt.

9. Census.

10. Extension of the powers and jurisdiction of members of a police force belonging to
any Province to any area in another Province, but not so as to enable the police of one
Province to exercise powers and jurisdiction in another Province without the consent of
the Government of that Province; extension of the powers and jurisdiction of a police force
belonging to any Pronvice to railway areas outside that Province.

11. Legal, medical and other professions.

12. Standards in institutions for higher education and research, scientific and technical
institutions.

13. Inter-provincial matters and co-ordination.

] 834
835[13.] 835 Council of Common Interests.

836[14.] 836 Fees in respect of any of the matters in this Part but not including
fees taken in any court.

837[15.] 837 Offences against laws with respect to any of the matters in this Parts.

838[16.] 838 Inquiries and statistics for the purposes of any of the matters in this
Part.

839[17.] 839 Matters incidental or ancillary to any matter enumerated in this Part.

840[] 840
Notes
822 Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(i)
(with effect from April 19, 2010) for ".".
823 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(i) (with
effect from April 19, 2010).
824 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(1)(iii) (with effect from April 19, 2010) : :

21. Major ports, that is to say, the declaration and delimitation of such ports, and the
constitution and powers of port authorities therein.
825 Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(ii)
(with effect from April 19, 2010) for :

32. National planning and national economic coordination including planning and
coordination of scientific and technological research.

826 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(1)(iii) (with effect from April 19, 2010) : :

33. State lotteries.

827 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(1)(iii) (with effect from April 19, 2010) : :

38. Census.

828 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(1)(iii) (with effect from April 19, 2010) : :

40. Extension of the powers and jurisdiction of members of a police force belonging to
any Province to any area in another Province, but not so as to enable the police of one
Province to exercise powers and jurisdiction in another Province without the consent of
the Government of that Province; extension of the powers and jurisdiction of members of
a police force belonging to any Province to railway areas outside that Province.
829 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(1)(iv) (with effect from April 19, 2010) : :

45. Duties in respect of succession to property.

830 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(1)(iv) (with effect from April 19, 2010) : :

46. Estate duty in respect of property.

831 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(1)(v) (with
effect from April 19, 2010).
832 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(1)(iv) (with effect from April 19, 2010) : "on capital gains".
833 Substituted by Constitution (Fifth Amendment) Act, 1976 (62 of 1976), Section
19(a)(ii) (with effect from September 16, 1976) for "West Pakistan Water and Power
Development Authority and the West Pakistan Industrial Development Corporation".
834 Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 101(2)(ii) (with
effect from April 19, 2010).
835 Renumbered from "4.". by Constitution (Eighteenth Amendment) Act, 2010, Section
101(2)(i) (with effect from April 19, 2010)
836 Renumbered from "5.". by Constitution (Eighteenth Amendment) Act, 2010, Section
101(2)(i) (with effect from April 19, 2010)
837 Renumbered from "6.". by Constitution (Eighteenth Amendment) Act, 2010, Section
101(2)(i) (with effect from April 19, 2010)
838 Renumbered from "7.". by Constitution (Eighteenth Amendment) Act, 2010, Section
101(2)(i) (with effect from April 19, 2010)
839 Renumbered from "8.". by Constitution (Eighteenth Amendment) Act, 2010, Section
101(2)(i) (with effect from April 19, 2010)
840 The following was omitted by Constitution (Eighteenth Amendment) Act, 2010,
Section 101(3) (with effect from April 19, 2010) : :

Concurrent Legislative List

1. Criminal law, including all matters included in the Pakistan Penal Code on the
commencing day, but excluding offences against laws with respect to any of the matters
specified in the Federal Legislative List and excluding the use of naval, military and air
forces in aid of civil power.

2. Criminal procedure, including all matters included in the Code of Criminal

Procedure, on the commencing day.

3. Civil procedure, including the law of limitation and all matters included in the Code
of Civil Procedure on the commencing day, the recovery in a Province or the Federal
Capital of claims in respect of taxes and other public demands, including arrears of land
revenue and sums recoverable as such, arising outside that Province.

4. Evidence and oath; recognition of laws, public acts and records of judicial
proceedings.

5. Marriage and divorce; infants and minors; adoption.

6. Wills, intestacy and succession, save as regards agricultural land.

7. Bankruptcy and insolvency, administrators- general and official trustees.

8. Arbitration.

9. Contracts, including partnership, agency, contracts of carriage, and other special

forms of contracts, but not including contracts relating to agricultural land.
 10. Trusts and trustees.

11. Transfer of property other than agriculture land, registration of deeds and
documents.

12. Actionable wrongs, save in so far as included in laws with respect to any of the
matters specified in the Federal Legislative List.

13. Removal of prisoners and accused persons from one Province to another
Province.

14. Preventive detention for reasons connected with the maintenance of public order,
or the maintenance of supplies and services essential to the community; persons
subjected to such detention.

15. Persons subjected to preventive detention under Federal authority.

16. Measures to combat certain offences committed in connection with matters

concerning the Federal and Provincial Governments and the establishment of a police
force for that purpose.

17. Arms, firearms and ammunition.

18. Explosives.

19. Opium, so far as regards cultivation and manufacture.

20. Drugs and medicines.

21. Poisons and dangerous drugs.

 22. Prevention of the extension from one Province to another of infectious or
contagious diseases or pests affecting men, animals or plants.

23. Mental illness and mental retardation, including places for the reception or
treatment of the mentally ill and mentally retarded.

24. Environmental pollution and ecology.

25. Population planning and social welfare.

26. Welfare of labor; conditions of labor, provident funds; employer's liability and
workmen's compensation, health insurance including invalidity pensions, old age
pensions.

27. Trade unions; industrial and labor disputes.

28. The setting up and carrying on of labor exchanges, employment information

bureaus and training establishments.

29. Boilers.

30. Regulation of labor and safety in mines, factories and oil- fields.

31. Unemployment insurance.

32. Shipping and navigation on inland waterways as regards mechanically propelled

vessels, and the rule of the road on such waterways; carriage of passengers and goods
on inland waterways.

33. Mechanically propelled vehicles.

 34. Electricity.

35. Newspapers, books and printing presses.

36. Evacuee property.

37. Ancient and historical monuments, archaeological sites and remains.

38. Curriculum, syllabus, planning, policy, centres of excellence and standards of

education.

39. Islamic education.

40. Zakat.

41. Production, censorship and exhibition of cinematograph films.

42. Tourism.

43. Legal medical and other professions.

841[
43A. Auqaf.

] 841
44. Fees in respect of any of the matters in this List, but not including fees taken in any
court.

45. Inquiries and statistics for the purpose of any of the matters in this List.
 46. Offences against laws with respect to any of the matters in this List; jurisdiction
and powers of all courts except the Supreme Court, with respect to any of the matters in
this List.

47. Matters incidental or ancillary to any matter enumerated in this List.