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Introduction to Public Administration

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Introduction To Public Administration­MGT111
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LESSON 11
1973 CONSTITUTION OF PAKISTAN
At the end of the lecture the students will be able to understand the:
1.
The constitutional provisions relating to the government structure
2.
Preamble of the Constitution (1973) of Islamic Republic of Pakistan
3.
Territories of the State of Pakistan
4.
Constitutional bodies of decisions making
The Constitutional Framework of Government of Pakistan
Overview of 1973 Constitution
We will start with the Preamble of the Constitution. A Preamble is the `Preface' or `introduction'
which tells us the main focus of the document. According to the Preamble the entire control of universe
belongs to Allah. The constitution reads as follows:
Preamble
"Whereas Sovereignty over the entire universe belongs to Allah alone, and the authority to be
exercised by the people of Pakistan within limits prescribed by Him is a sacred trust;......."
The Republic of Pakistan
The Constitution explains Republic as:
"Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan." Federal
Republic means that the country has provinces and these together constitute the federation. Besides we call
ourselves Islamic Republic, because we are ideological state, as the basis of independence of this country
was Islam.
The Territories
According to the Constitution the territories of the state are:
a.
The Province of Balochistan, the North-West Frontier, the Punjab and Sindh
b.
The Islamabad Capital territory, Hereinafter referred to as the Federal Capital.
c.
The Federally Administered Tribal Areas; and
d.
Such states and territories as are or may be included in Pakistan, whether by accession or otherwise.
So there are 4 Provinces, the capital territory and the Federally Administered Tribal Areas (FATA)
and section (d) above sees the inclusion of Kashmir in Pakistan as and when the decision about it takes
place.
State Religion
Article 2 of the Constitution provide for the Islam as the State Religion: "Islam shall be the State
Religion of Pakistan".
Definition of the State
Article 7 of the Constitution gives definition of the state which is as follows:
"State means the Federal Government, Parliament, a Provincial Government, a Provincial Assembly, and
such Local or other Authorities in Pakistan as are by Law empowered to impose any Tax"
So the state comprises of all Governments i.e. Federal, Provincial and the Assemblies and the local
or other authorities. It means it comprise of all these institutions which are permanent.
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Introduction To Public Administration­MGT111
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What does Government Comprise?
It is appropriate to differentiable between government and state. But is must be stated that the two
are used interchangeably. We have attempted to explain this term before. But now we relate to the
explanation with the definition given in the Constitution. The basic difference is that state institutions are
fixed but people who occupy the positions in the institutions may come and go, thus government will come
after every 5 years through elections as given in the Constitution and go after five years. It means people
have fixed period in which they work so Government (in generic) comprise:
- Elected Representatives (Politicians: members of Political Parties)
- Judiciary
- Executive (career civil servants).
Now the government sector and private sector touch each other boundaries
Figure
Government
Private
Sector (Public)
Sector
Therefore, these influence each other.
The Federation of Pakistan
The Federation is the Unity of all the constituent units and article 41 of the constitution defines
President as the symbol of unity. It says:
"There shall be President of Pakistan who shall be the Head of State and shall represent the unity of
State."
The Parliament
Article 50 of the Constitution explains the Parliament. It states:
There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two
houses to be known respectively as
1. The National Assembly
2. The Senate
The National Assembly
Article 51 explains that:
"The National Assembly shall consist of three hundred and thirty two Muslim Members to be
elected by direct and free vote in accordance with Law."
Besides there shall be 10 non Muslim members and the total members in National Assembly shall
be 342. The National Assembly is also called the `Lower House'. The table below shows the provincial
distribution of seats:
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Table
Seats in the National Assembly
General seats
Women
Total
Balochistan
14
3
17
The NWFP
35
8
43
The Punjab
148
35
183
Sindh
61
14
75
The FATA
12
-
12
Capita
2
-
2
Total
272
60
332
Non- Muslims
10
-
The Senate
The Senate is `Upper House' and according to Article 59 (1) of the constitution:
The Senate shall consist of one hundred members, of whom,
a.  Fourteen shall be elected by members of each Provincial Assembly (56)
b. Eight shall be elected from FATA. (8)
c.  Two on general seats, and one women and one technocrat.....(4)
d. Four women shall be elected by the members of each Provincial Assembly (16)
e.  Four technocrats including ulema shall be elected by the members of each Provincial Assembly (16)
The total of all the above seats comes to 100.
Federal Government
Article 90 of the Constitution provides for the exercise of executive authority by the President.
"The Executive Authority of the federation shall vest in the President and shall be exercised by
him, either directly or through officers subordinate to him."
The Cabinet
A cabinet according to the Constitution Article 91 (1) of the Constitution comprises of Ministers
and the prime minister heads the Cabinet:
"There shall be a Cabinet of Ministers, with the Prime Minister as its head, to aid and advise the
President in the exercise of his Functions."
So, the Prime Minister is the functional head and he helps the President in fulfilling his duties.
Constitutional Bodies
There are other constitutional bodies which have the functions defined by the constitution. These
are:
National Economic Council, National Finance Commission, The Supreme Court, High Court and
Public Service Commission. These bodies regulate and make policy decisions which have long term impact.
National Economic Council (NEC)
Article 156 (1) of the constitution states that:
"The President shall constitute a National Economic Council consisting of Prime Minister, who
shall be its Chairman, and such other members as the President may determine."
2) NEC shall review the overall economic condition of the country and shall, formulate plans in
respect of financial, commercial, social and economic policies.
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Thus NEC is the highest body in the that it provides framework for the economic and financial and
social policies. In this way it is an important body.
National Finance Commission (NFC)
Article 160 provides for the NFC:
"The President shall constitute a National Finance Commission consisting of the Minister of
finance of Federal Government, Ministers of Finance of the Provincial Governments etc."
The NFC is a body that decides every five years that from the taxes collected by the government,
how much should be given to provinces and how much to the federal government. It also gives the criteria
on the basis of which resources are allocated among provinces.
The Courts
Article 175 of the constitution provides:
"There shall be a Supreme Court of Pakistan, a High Court for each Province and such other
courts as may be established by law."
Article 176 provides for the Supreme Court:
The Supreme Court of Pakistan shall consist of a Chief Justice and so any other Judges as may be
determined by Act of Majlis-e-Shoora or, as ay be fixed by the President."
The High Court
Article 192 provides for the high court:
"A High Court shall consist of a Chief Justice and so many other Judges as may be determined by
the law or, until so determined, as may be fixed by the President."
Courts are bodies which interpret law i.e. give decisions on cases brought before the courts e.g. A
case was brought before the Court by the affected party against legislation passed by the provincial assembly
banning serving of food on marriage. The court after reviewing the case, up held the legislation.
Provisions of the Services
The Constitution Article 240 also provides for the service condition of the civil service:
The appointments to and the conditions of services of persons in the service of Pakistan shall be
determined:-
a) In the case of the Services of the Federation, Posts in connection with the Affairs of the Federation
and All-Pakistan services, by and under the act of Parliament, and
b) In the case of the services of a Province and posts in connection with the affairs of the Province,
by or under Act of the Provincial Assembly."
The Act of parliament referred to in the above article is the Civil Service Act 1973.
Public Service Commission
The Public Service Commission, Article 242, gives provision of a body which is the recruiting
agency for the Federal and Provincial Governments:
"Parliament in relation to the affairs of the Federation, and the Provincial Assembly of a Province
in relation to affairs of a Province, may, by law, provide for the Establishment of a Public Service
Commission."
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Conclusions
The Constitution provides the framework for the government. It gives provision of the bodies that
will make policies for the government. In fact, if we look at all the provisions studied we will find that it
gives the structure for the three branches of the government i.e. executive, legislative and judiciary. It also
provides for bodies like NEC and NFC, both of which are important bodies for making decision of
national significance.
Concepts
National Economic Council:
This body makes financial, commercial, social and
economic decisions for the country.
Federation:
It is the unity of diverse constituent units. It is also the
unity of the provinces and territories of a country.
Parliament:
It is also called legislature. It comprises National
Assembly, Provincial Assemblies and the Senate.
National Finance Commission (NFC): NFC is constituted every five years. This body decides
the criteria on which the resources will be distributed
between the Federal Government and Provincial
Government and amongst provinces.
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Table of Contents:
  1. INTRODUCTION:Institutions of State, Individualism
  2. EVOLUTION OF PUBLIC ADMINISTRATION:Classical School, The Shovelling Experiment
  3. CLASSICAL SCHOOL OF THOUGHTS I:Theory of Bureaucracy, Human Relation Approach
  4. CLASSICAL SCHOOL OF THOUGHTS II:Contributors of This Approach
  5. HUMAN RELATIONS SCHOOLS:Behavioural School, System Schools
  6. POWER AND POLITICS:Conflict- as Positive and Negative, Reactions of Managers, Three Dimensional Typology
  7. HISTORY OF PUBLIC ADMINISTRATION I:Moghul Period, British Period
  8. HISTORY OF PUBLIC ADMINISTRATION II
  9. CIVIL SERVICE:What are the Functions Performed by the Government?
  10. CIVIL SERVICE REFORMS:Implementation of the Reforms, Categories of the Civil Service
  11. 1973 CONSTITUTION OF PAKISTAN:The Republic of Pakistan, Definition of the State
  12. STRUCTURE OF GOVERNMENT:Rules of Business, Conclusion
  13. PUBLIC AND PRIVATE ADMINISTRATION:The Public Interest, Ambiguity, Less Efficient
  14. ORGANIZATION:Formal Organizations, Departmentalization
  15. DEPARTMENTALIZATION:Departmentalization by Enterprise Function, Departments by Product
  16. POWER AND AUTHORITY:Nature of Relationship, Delegation of Functional Authority
  17. DELEGATION OF AUTHORITY:The Art of Delegation, Coordination
  18. PLANNING I:Four Major Aspects of Planning, Types of Plans
  19. PLANNING II:Planning ProcessThree principles of plans
  20. PLANNING COMMISSION AND PLANNING DEVELOPMENT:Functions, Approval Authority
  21. DECISION MAKING:Theories on Decision Making, Steps in Rational Decision Making
  22. HUMAN RESOURCE MANAGEMENT (HRM):Importance of Human Resource, Recruitment
  23. SELECTION PROCESS AND TRAINING:Levels at Which Selection takes Place, Training and Development
  24. PERFORMANCE APPRAISAL:Formal Appraisals, Informal Appraisals
  25. SELECTION AND TRAINING AND PUBLIC ORGANIZATIONS:Performance Evaluation,
  26. PUBLIC FINANCE:Background, Components of Public Finance, Dissimilarities
  27. BUDGET:Components of Public Income, Use of Taxes, Types of Taxation
  28. PUBLIC BUDGET:Incremental Budget, Annual Budget Statement, Budget Preparation
  29. NATIONAL FINANCE COMMISSION:Fiscal Federalism Defined, Multiple Criteria
  30. ADMINISTRATIVE CONTROL:Types of Accountability, Internal Control, External Control
  31. AUDIT:Economy, Effectiveness, Objectives of Performance Audit, Concepts
  32. MOTIVATION:Assumptions about Motivation, Early ViewsThree Needs
  33. MOTIVATION AND LEADERSHIP:Reinforcement Theory, Leadership, The Trait Approach
  34. LEADERSHIP:Contingency Approaches, Personal Characteristics of Employees
  35. TEAM I:Formal & Informal teams, Functions of Informal Groups, Characteristics of Teams
  36. TEAM II:Team Cohesiveness, Four ways to Cohesiveness, Communication
  37. COMMUNICATION I:Types of Communication, How to Improve Communication
  38. COMMUNICATION II:Factors in Organizational Communication, Negotiating To Manage Conflicts
  39. DISTRICT ADMINISTRATION:The British Period, After Independence, The Issues
  40. DEVOLUTION PLAN I:Country Information, Tiers or Level of Government
  41. DEVOLUTION PLAN II:Aim of Devolution Plan, Administrative Reforms, Separation of powers
  42. POLITICAL REFORMS:District, Tehsil, Functions of Union Council, Fiscal Reforms
  43. NEW PUBLIC MANAGEMENT (NPM):Strategy, Beginning of Management Approach
  44. MANAGERIAL PROGRAMME AGENDA I
  45. MANAGERIAL PROGRAMME AGENDA II:Theoretical Bases of Management, Critique on Management