CAF 04: Business Laws Outlines:
Chapter 1: Introduction to the legal system This chapter discusses: Premium Content
Secret Sheet for Quick Revision Constitution of Pakistan. (For Spring 2025)
(For students of Muhammad Asif, FCA) Legislative Authorities
Process of Legislation
Part - 1: Introduction to the Law and its Types
LO 4: Legislative Bodies
LO 1: Difference between Civil Law LO 2: Sources of Law LO 3: Constitution of Pakistan
and Criminal Law Government System Legislative System
Basis of Legal System of Pakistan: 12 Parts: (Parliamentary System)
1. Definition Constitution of Pakistan 1973 as well as 1. Introductory: President Prime Minister
2. Purpose Islamic law (Sharia). 2. Fundamental rights and principles of policy National Assembly Senate
3. Case filed by 3. The Federation of Pakistan
4. Burden of proof Sources of Law in Pakistan: 4. Provinces Functions of President: Elected by MNAs.
5. Type of punishment/ Remedy 1. Legislation (act by Parliaments) 5. Relationship between Federation and Provinces Head of the state. PM is assisted by Federal Cabinet Role is Law making and formulation of policies. Role is Law making (except money bill) of Senate,
6. Examples 2. Precedents (decisions by superior courts) 6. Finance, Property, Contracts and Suits Approves statutes. (appointed by President on advice of PM). Registered voters elect MNAs for 05 years. equal representation of all provinces.
3. Customs (common practices in a society) 7. Judiciary Guides PM. MNAs elect Speaker, Deputy Speaker and Prime Minister.. Registered voters elect MPAs. MPAs elect Senators
4. Agreement (between parties) 8. Elections Acts on advice of PM or Cabinet. for 06 years. Half senators are elected every 3 years.
9. Islamic Provisions PM informs President about Permanent legislative body.
10. Emergency Provisions. matters of internal and foreign policy. Senators elect Chairman and Deputy Chairman.
11. Amendment of Constitution
12. Miscellaneous How President is elected:
A Muslim.
5 Schedules: for 05 years by Senate, National
1. “Laws exempted from Constitution”. Assembly and Provincial Assemblies.
2. “Election of President”. Eligible for re-election, more than
3. “Oaths of Office”. 02 consecutive terms not allowed.
4. “Legislative Lists”.
5. “Remuneration, T&C of Services of Judges”.
LO 5: Process of Legislation LO 6: Delegated Legislation
National Assembly is in session National Assembly NOT in session Money Bill Dissolution of National Assembly Definition: Control over Delegated Legislation:
Power given by Parliament to an executive to Parliamentary Control:
President can pass an Ordinance. Passed by National Assembly. Approval All bills pending in National Assembly shall lapse. make bye-laws for specified purposes. Restriction
Origination of Bill:
Effective without approval of Parliament of Senate NOT required. Approval
By either House. Advantages:
Validity: 120 days (National Assembly can Sent to President for approval. Bills pending in Senate:
--> shall lapse if passed by National Assembly. 1. Time Saving Judicial Control:
Passing of Bill by Other House: extend period, or disapprove early by resolution)
--> shall not lapse if not yet passed by National Assembly. 2. Use of Expert Knowledge Challenge in Court if ultra-vires.
1. Without amendment --> President 3. Flexibility
4. Speed
2. With amendment --> Originating House:
if amendments approved --> sent to President Disadvantages:
if amendments not approved -->sent in Joint-sitting. 1. Unconstitutional.
2. Bulk.
3. Rejection or not passing within 90 days --> sent in Joint-sitting. 3. Loss of Accountability and Control.
Approval by President:
Within 10 days:
Approve, or
Sent to joint-sitting for reconsideration. Approve if passed by
joint-sitting.