Masood Khan Khan
In every functioning democracy, a government is built upon three main pillars: the Legislature, the Executive, and the Judiciary. These three branches work independently, yet in coordination, to ensure that power is balanced and the rights of citizens are protected. In the Pakistani context, understanding how these branches operate, interact, and hold each other accountable is vital for any citizen wishing to understand the state’s functioning and governance.
The Legislature:
The Law-Making Body In Pakistan, the Legislature is composed of elected representatives—Members of the National Assembly (MNAs) and Senators—who together form the Parliament. Pakistan follows a parliamentary system, which means that the people elect legislators, and these legislators then indirectly choose the Prime Minister (the head of the executive). This is different from the presidential system like that of the United States, where the president is directly elected by the people.
The main role of the Legislature is to:
Make laws that govern the country. Debate policies and national issues. Approve the national budget.
Hold the executive (i.e., the government) accountable through question hours, motions, and parliamentary committees.
In Pakistan, the Parliament has two houses:
The National Assembly (lower house), elected by the people.
The Senate (upper house), representing the provinces.
All laws begin as bills, which are proposed by legislators or the government, and after discussion, amendments, and voting in both houses, they are passed into Acts—which are enforceable laws. For, constitutional law, two third majority is required.
The Executive:
The Implementing Arm, once laws are passed by the Parliament, the Executive is responsible for implementing them. In Pakistan, the Executive has two layers:
a. Political Executive: This includes:
The Prime Minister (chief executive of the country). Federal Ministers and State Ministers. Provincial Chief Ministers and their cabinets.
These are elected politicians, and their role is to set policy directions, make decisions, and ensure implementation through the bureaucracy.
b. Bureaucratic Executive: This consists of civil servants who are career officials. These include:
Federal and Provincial Secretaries. District Administrators (e.g., Deputy Commissioners). Police, Revenue, and Local Government officers.
The bureaucracy remains in place even when governments change and is tasked with executing the decisions made by the political executive. It runs ministries, departments, and local institutions to carry out laws and policies.
In the parliamentary system of Pakistan, the Executive comes from within the Legislature. That is, the Prime Minister and ministers are elected Members of Parliament, which creates a direct line of accountability between law-making and law-implementation.
The Judiciary:
The Interpreting Authority The Judiciary is the branch of government responsible for interpreting the law, ensuring justice, and resolving disputes. In Pakistan, it includes:
The Supreme Court (the highest court in the land). High Courts (in each province). Civil, Criminal, and Special Courts at the lower level.
The judiciary is independent of the Legislature and Executive. Its primary responsibilities include: Interpreting the laws made by the Legislature.
Ensuring that the Executive does not act beyond its authority. Protecting the fundamental rights of citizens under the Constitution.
Judicial Review and the Constitution A unique power the judiciary holds in Pakistan is Judicial Review. Under this principle:
The Supreme Court and High Courts can review laws passed by Parliament and actions taken by the Executive.
If any law or action contradicts the Constitution, the judiciary can declare it null and void.
This function serves as a safeguard to ensure that neither the Parliament nor the Executive can violate the Constitution, which is the supreme law of Pakistan.
For example:
If Parliament passes a law that restricts freedom of speech beyond what the Constitution allows, the judiciary can strike it down. If an executive order violates fundamental rights or bypasses legal procedure, the judiciary can suspend or cancel it.
How Do They Work Together in the Pakistani Context?
To understand this in simple terms, let’s imagine the process of introducing a new health law in Pakistan:
The Legislature debates and passes a law to establish a provincial health insurance scheme.
The Executive then creates departments, allocates funds, hires staff, and launches the program to implement the law.
If a citizen believes the scheme is being applied unfairly, or that it violates constitutional rights, the Judiciary may step in to interpret the law, hear cases, and provide justice.
In Pakistan’s system, the three branches check and balance each other:
Parliament can remove the Prime Minister through a vote of no confidence.
The judiciary can disqualify politicians for violating the Constitution. ( It needs to be ammended though ) The executive, through the President, can send laws back to Parliament for reconsideration (although not permanently block them).
Challenges in the Pakistani Context : While the constitutional design is clear, the practical functioning in Pakistan has often faced challenges:
Judicial activism sometimes blurs the line between judicial interpretation and executive interference.
Parliamentary oversight is often weak, with limited questioning of executive actions.
Bureaucratic inertia or politicization slows down policy implementation.
Moreover, the inter-institutional balance of power is frequently disrupted due to military influence, political instability, and weak party discipline.
However, the principle remains firm: the Constitution is the supreme law, and each institution must function within its legal boundaries.
Why Citizens Should Understand This As citizens of Pakistan, it is important to know:
Who makes laws (your elected representatives in Parliament). Who implements them (government ministers and officials).
Who interprets them (courts and judges).
Understanding this division helps in demanding accountability. If there is a problem in your area—be it poor roads, water issues, or unfair policies—you can:
Raise it with your MNA/MPA (Legislature).
Write to the Ministry or Department (Executive).
Seek remedy through courts (Judiciary) if rights are violated.
Hence,, the Legislature, Executive, and Judiciary are the three parts of Pakistan’s government that work like gears in a machine. Each has its role, but none can function properly in isolation. When they work in balance, democracy thrives. When one dominates or weakens, the whole system suffers. For democracy to work, citizens must be aware, vigilant, and participatory. Understanding how these institutions function empowers you to ask the right questions, elect the right people, and protect your constitutional rights.
As the saying goes in constitutional democracies: “The price of liberty is eternal vigilance” — and that begins with knowing how your government works.
