A fundamental principle of constitutional law is known as parliamentary sovereignty. This principle asserts that the legislature is the highest authority in the state when it comes to creating rules. The Constitution of Pakistan, which establishes a federal parliamentary system of government, includes a provision that upholds the principle of parliamentary sovereignty as an integral part of the political system in Pakistan. Nevertheless, the implementation of parliamentary sovereignty in Pakistan has been the focus of criticism and debate over the past several years.
The Constitution of Pakistan establishes a federal parliamentary system of government, with a bicameral legislature consisting of the National Assembly (lower house) and the Senate. The National Assembly is the people’s representative body (upper house). The National Assembly is the more powerful of the two bodies because it can make and pass laws, while the Senate serves as a check on the power of the National Assembly. The Prime Minister of Pakistan holds the position of head of government, but the President of Pakistan has the title of head of state. The President of Pakistan is elected by an electoral college comprising members of both houses of the legislature and provincial assemblies.
The Constitution of Pakistan establishes the principle of parliamentary sovereignty by stating that the federal legislature has the authority to legislate for the whole or any part of Pakistan and that no law made by any provincial assembly shall be repugnant to any provision of the Constitution. These provisions ensure that no local community can pass laws that conflict with the Constitution’s provisions. However, several constraints and difficulties are associated with applying this principle.
The judiciary’s power constitutes one of the most significant constraints on the sovereignty of the Pakistani parliament. The Constitution of Pakistan establishes an independent judiciary. This judiciary has the authority to interpret the Constitution and overturn laws deemed to violate the Constitution. This authority has been exercised by the Supreme Court of Pakistan, the country’s highest court, to overturn laws passed by the legislature but is ruled to violate the country’s constitution.
The role played by the military in Pakistan is another factor that constrains the sovereignty of the parliament. The military has frequently played a significant role in Pakistani politics, as the country has a history of several military coups and interventions. In addition, there have been periods in which the military has served as a check on the power held by the legislature and the executive branch. The military has been responsible for dissolving the National Assembly and suspending constitutional protections on multiple occasions.
In Pakistan, parliamentary sovereignty has been the focus of increasing challenges and controversies in recent years. Concerns have been raised regarding the capability of the legislature to operate efficiently and democratically in light of the proliferation of extremist and sectarian groups and intimidation to exert political influence.
Even though the Constitution of Pakistan recognizes the principle of parliamentary sovereignty, its implementation has needed to be improved by several restrictions and difficulties. In Pakistan, various institutions and groups have influenced legislative power, including the judicial system, the military, and extremist organizations. As long as Pakistan is forced to struggle with these issues, the concept of parliamentary sovereignty will continue to be up for discussion and may even spark some controversy.
Moreover, Pakistan’s military, extremist groups, and parliamentary sovereignty have also been the target of criticism due to issues relating to corruption and political polarization. In Pakistan, all three of these institutions pose challenges. Pakistan has long struggled with the issue of corruption, with politicians frequently being accused of exploiting their positions of power for their financial gain. This has resulted in a lack of trust in the legislative process, making it challenging for the legislature to function efficiently. In addition, political polarization has resulted in a situation in which legislators are frequently more concerned with advancing the interests of their party than with serving the country’s interests as a whole.
In Pakistan, the struggles that are being faced by parliamentary sovereignty have also affected the democratic institutions that are present in the country. For instance, the government’s legitimacy has been harmed due to the frequent use of military interventions, undermining the public’s confidence in the democratic process. Similarly, the judiciary’s role in breaking laws is sometimes seen as going beyond its authority and interfering with the proper use of legislative power.
Despite these obstacles, some attempts have been made in Pakistan to strengthen the sovereignty of the legislative branch. For instance, the National Assembly has organized several committees to improve legislative oversight and guarantee that laws are carried out efficiently. In addition, there have been efforts to improve government transparency and accountability, such as establishing an independent accountability bureau to investigate allegations of corruption. One example of these efforts is using the term “transparency and accountability bureau.”
In conclusion, the concept of parliamentary sovereignty is protected by the Constitution of Pakistan; however, the actual implementation of this concept has been fraught with difficulties and restrictions. These challenges have affected the functioning of democratic institutions and have led to a lack of trust on the part of the general public in the process by which laws are made. As the nation continues to struggle to overcome these obstacles, it will be essential to find a happy medium between the exercise of legislative power and the requirement for checks and balances to guarantee that democratic institutions can perform their functions correctly.