What is the annual budget statement and discuss its procedure?

Annual budget statement

The federal government shall in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expenditure of the federal Government for that year, in this part referred to as the annual budget statement. The annual shall show separately.
The sums required to meet expenditure described by the constitution as expenditure charged upon the federal consolidated fund and
the sums required to meet other expenditure proposed to be made from the federal consolidated fund,and shall distinguished expenditure on revenue account from other expenditure. (Art. 80)

Producer relating to annual budget statement

So much of the annual budget statement as relates to expenditure charged upon the federal consolidated fund may be discussed in, but shall not be submitted to the vote, of the National Assembly. So much of the annual budget statement as relates o other expenditure shall be submitted to the national assembly in the forms of demands for grants, and the assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein. For a period of ten year from the commencing day or the holding of the second general election to the national assembly whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of assembly, its refused or assent to subject to a reduction of the amount specified therein. No demand for a grant shall be made except on the recommendation of the federal government. (Art. 82)

In what financial matters the prior approval of the federal government is required, before introducing such bill in the national assembly?

A money bill

A money bill, or a bill or amendment which if enacted and brought into operation would involve expenditure from the federal consolidated fund or withdrawal from the public account of the federation or effect the coinage or currency of Pakistan or the constitution or function of the state bank of Pakistan shall not be introduced or moved in parliament except by or with the consent of the federal government. (Art. 74).

What is federal consolidated fund and Public Account?

Federal consolidated fund

All revenue receipts received by the federal government, all loans raised by that Government, and all money received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the federal consolidated fund.

Public account

All other money then those mentioned in the list of consolidated fund.

• received by or on behalf of the Federal Government or.
• received by or deposited with the Supreme court or any other court established under the authority of the federation.

Shall be credited to the public account of the federation. (Art. 78).

Write a note on the summoning and prorogation of Parliament?

The president may from time to time summon either House or both houses of Parliament in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.
There shall be at least three session of national assembly every year, and not more than one hundred and twenty days shall intervene between the last sittings of the Assembly in one session at the date appointed for its first sitting in the next session. The National Assembly shall meet for not lass than one hundred and thirty working days in each year. (Art. 54)

What right to security of person is provided in the constitution?

Article 09 of the constitution declares that no person shall be deprived of life or liberty saves in accordance with law. This right is the most important of all fundamental rights. It is the basis of the “Rule of Law”.
It declares that a person cannot be deprived of his life or liberty except “In accordance with law”. No person can be arrested, detained, or put under restraint except when a law authoresses such arrest or restriction. It prevents arbitrary interference by the executive with the liberty of individual. If so arrested, he can move the court for a writ of habeas corpus. This right is available to all persons, whether citizen or not.
The first out of twenty rights conceded by the constitution relates to person’s life and liberty. This Article state that life and liberty of all the person in Pakistan shall be sacred and shall not be taken away except in accordance with law authorizing violation of such right under circumstances declared by such law to be appropriate for the purpose.

Relation between the National Assembly and the Senate

The National Assembly has been granted more power than the powers granted to the Senate.

Responsibility

The Executive is collectively responsible only to the National Assembly and not to the Senate.

Sole Body

The national assembly is the sole body to vote upon the demand for grants of money.

Money bills can be introduced

Money bills can be introduced only in the National Assembly. Conclusion In this way the senate has practically no powers over the money bills.

The Federal Shariat Court

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. Justice Agha Rafiq Ahmed Khan is the current Chief Justice of the court. Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of 3 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 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take 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.

Supreme judicial council, Composition and Powers of Supreme judicial council

Supreme judicial council

The article 209 has been examined by the Supreme Court of Pakistan – The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges.

Composition

The composition of the Council is set out in the constitution as: The Chief Justice. The two next most senior judges of the Supreme Court of Pakistan. The two most senior Chief Justices of the provincial High Courts

Where the council is investigating a member of the council he is replaced by the next most senior judge.

Powers

No judge in Pakistan may be dismissed except by the Supreme Judicial Council. 

The Council may start proceedings against a judge either by its own initiative or by reference from the President of Pakistan.

If the Council concludes that the judge is guilty of misconduct and should be removed from office they can recommend this to the President.

According to Article 209 

(1). There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.

(2). The Council shall consist of, 

(a) the Chief Justice of Pakistan, 

(b) the two next most senior Judges of the Supreme Court; and, 

(c) the two most senior Chief Justices of High Courts.

Explanation – For the purpose of this clause, the inter seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then, 

(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph 

(b) of clause 

(2), and

(b) If such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority among st the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.

(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.

(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court- 

(a) may be incapable of property performing the duties of his office by reason of physical or mental incapacity; or

(b) May have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.

(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion, 

(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and, 

(b) that he should be removed from office, the President may remove the Judge from office.

(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.

(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.

Relation between the National Assembly and the Senate

Relation between the National Assembly and the Senate

The National Assembly has been granted more power than the powers granted to the Senate. 

Responsibility

The Executive is collectively responsible only to the National Assembly and not to the Senate. 

Sole Body

The national assembly is the sole body to vote upon the demand for grants of money. 

Money bills can be introduced

Money bills can be introduced only in the National Assembly. Conclusion

In this way the senate has practically no powers over the money bills.

Summoning and Prorogation of National Assembly

Summoning and Prorogation of National Assembly

The procedure regarding summoning and prorogation of the Senate is the same as that National Assembly. In normal circumstances the Senate is to be summoned by the President, and in this case he has the power to prorogue it. However, the Senate can also be summoned by the Chairman if he is asked for by not less than one-fourth members of the senate. In this case the President has no power to prorogue it. In this case the power to prorogue the senate has been given to the Chairman only who has called it into session.

It is envisaged that there shall at least he two session of the Senate every years with an interval of not more than one hundred and twenty days. 

Election of the chairman and deputy chairman, Duties of the Chairman

Before, transacting any business, except the oath taking ceremony, the senate will chose its Chairman and Deputy Chairman among its members. If the office of Chairman or Deputy Chairman becomes vacant, the Senate will elect another member as a Chairman or Deputy Chairman as the case may be. Oath of the office.
It is circumvent upon the Chairman and Deputy Chairman to take an oath before the Senate before entering upon their offices in the form set out in the Third Schedule.

Vacancy in the office

The office of the Chairman or Deputy Chairman may become vacant if.

• He resigns his office,
• He ceases to be a member of the senate,
• He is removed from the office.

Duties of the Chairman under constitution

The duties of the Chairman are the same as of the Speaker. Further he is to act as President of the State when the office of President is vacant, or the President is absent or is unable to perform his functions due to any reason. Chairman or Deputy Chairman is not provided at a meeting of Senate when a resolution for his removal is being considered.

Term of office

The term of office of the Chairman or the Deputy Chairman is three year from the day of on which he enters upon his office.

Resignation

The Chairman can resign his office by writing under his hand addressed to the President. The resignation of the Deputy Chairman is to be addressed to the Chairman.