Tariq Mahmood Awan
Legislation is the process of making or enacting laws by a legislative body. Furthermore, the delegated Legislation can also refer to the derived laws, entrusted laws or policies the government passes. Legislation is critical for the legislature, the executive and the judiciary because it affects their roles and functions differently. The government has three branches: the legislature, the executive and the judiciary. Accordingly, the legislature enacts the laws, the executive implements them, and the judiciary interprets them. Therefore, the Legislation is the foundation of the governance, and therefore, the legislature is the supreme organ of the government.
For the legislature, Legislation is the primary way of fulfilling its constitutional duty to make laws for the governance system. The legislature represents the will of the people and reflects their interests and values in the laws it passes. The legislature also oversees the executive branch and holds it accountable for implementing and enforcing the laws in a parliamentary form of governance. The legislature can use its legislative powers to check and balance the executive branch, such as by passing resolutions, amendments, appropriations, investigations, or impeachment.
For the executive branch of the government, legislation is the basis of its authority and responsibility to execute and administer the laws. The executive branch carries out the laws passed by the legislature and ensures that they are followed by the ministries, departments, organizations, officials, and citizens under its jurisdiction. The executive branch also proposes Legislation to the legislature based on its policy agenda and priorities. The executive branch can use its executive powers to influence or veto Legislation, such as by issuing orders, regulations, directives, or pardons. Furthermore, in Pakistan, due to the average quality of legislators, it is the executive, especially the political executive, which is the propelling force to get laws enacted by the legislature.
For the judiciary, Legislation is the source of its jurisdiction and duty to interpret and apply the laws. The judiciary branch resolves disputes and conflicts arising from the laws and determines their constitutionality and validity. The judiciary branch also protects and enforces the rights and liberties of the people under the law. The judiciary branch can use its judicial powers to review or strike down Legislation, such as by issuing opinions, rulings, injunctions, or writs. Pakistan is a federation, and therefore, judicial and executive reviews are critical for the advancement of federalism. In federations, the superior courts normally protect the sanctity of the constitution because the federal units are connected through the political contact protected in the constitution. Therefore, the judiciary in Pakistan is constitutionally empowered to protect the constitution of Pakistan. Accordingly, the judiciary has a potent role despite the checks and balances among the three branches of the government.
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Why is it critical for the legislators to be the most competent for functional governance? Legislators are responsible for enacting laws that govern all aspects of society, from the economy to education to healthcare. Their decisions have a profound impact on the lives of all citizens, so it is essential that they are able and capable of making rational legislation. Accordingly, there are a number of reasons why legislators should be more competent than bureaucracy, judges, and other public servants. First, legislators are directly elected by the people, which means that they are accountable to their constituents. This gives them a vested interest in making decisions that are in the best interests of the people they represent. Second, legislators should have a wide range of experience and expertise in different fields. This allows them to bring a diversity of perspectives to the legislative process and to make decisions that are informed by a variety of factors. Third, legislators are subject to public scrutiny and accountability. This means that they are more likely to be transparent and honest in their legislative decision-making. Finally, they must be more competent because the quality of legislation will determine the quality of governance. If legislators are incapable, how the system of government will work?
Furthermore, the legislators are responsible for making essential decisions that have a significant impact on the lives of citizens. It is, therefore, essential that they are able to think critically and weigh the pros and cons of different options before making legislation. The legislation is the regulatory framework which is critical for the political, administrative, developmental and economic outcomes. The issues that legislators face are often complex and multifaceted. They need to be able to understand the different perspectives on an issue and to identify the best course of action for productive and effective legislation. Furthermore, the legislators need to be able to communicate their ideas clearly and concisely to both their constituents and to other legislators. It is essential for building consensus and for passing effective Legislation.
Likewise, the legislators need to be able to build relationships with their colleagues, with constituents, and with other stakeholders. It is essential for getting things done in the legislative process.
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Why should legislators be more competent than bureaucracy, judges, and other public servants? Legislation is the foundation of governance. Accordingly, the quality of legislation is directly proportionate to the governance outcomes. Therefore, the foundation architects should be the most competent people in the realm of governance. Legislators are directly elected by the people, which means that they are accountable to their constituents. This gives them a vested interest in making decisions that are in the best interests of the people they represent. Bureaucrats, judges, and other public servants are not directly accountable to the people, which means that they may be less likely to make decisions that are in the best interests of the public. Furthermore, the Legislators normally have a wide range of experience and expertise in different domains. This allows them to bring a multiplicity of perspectives to the legislative process and to make decisions that are informed by a variety of factors. Bureaucrats, judges, and other public servants may have expertise in specific areas, but they may have a different breadth of experience than legislators.
Then, the legislators are subject to public scrutiny and accountability. This means that they are more likely to be transparent and honest in their decision-making. Bureaucrats, judges, and other public servants may be less transparent and accountable, which could lead to corruption and other abuses of power. However, it is a matter of debate in Pakistan, where politicians have yet to prove the worth of being legislators. Unfortunately, the political system in Pakistan does not produce or elect those legislators who are normally expected to lead the governance. Therefore, the governance outcomes in Pakistan are yet to match the quality of democratically developed countries. Does it raise a question? Do we elect legislators in Pakistan?
Sadly, we do not elect legislators in Pakistan. There are no qualitative criteria for the legislators. Yes, the electability by the people is vital, but then, there have to be standardized criteria for legislators to meet because they are expected to make laws. Lawmaking is a specialized competence and requires far singular skills than those of civil servants and judges. How can illiterate, generalist and unqualified candidates be allowed to become legislators? Unskilled and incompetent legislators are the primary reason for the system’s failure. Therefore, good governance will only happen in Pakistan if specialized and competent legislators are allowed to contest and voted in by the public. It is also equally important for the people to elect those who have the capacity to legislate. Then, it is even more significant in Pakistan due to the parliamentary form of governance, where the legislature begets the executive. Pakistan will only function once competent legislators are voted in the federal and provincial legislatures.
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