PROVINCIAL ASSEMBLIES || COMPOSITION AND FUNCTION ||ARTICLE 106 TO 117|| CONSTITUTION OF PAKISTAN ||

Описание: Q.3. Explain the composition and functions of Provincial Assemblies.
Introduction
According to Pakistan’s 1973 Constitution, the federation of Pakistan comprises four provincial units, Baluchistan, Khyber Pakhtunkhwa, Punjab, and Sindh. Each provincial unit has its own elected legislative body called a provincial assembly that sits in the provincial capitals. A provincial cabinet is selected from among the members of the provincial assembly and is headed by the Chief Minister who is elected by the provincial assembly from among its members. Provincial assemblies of Pakistan are the autonomous bodies according to the constitution.

Relevant provisions
According to the Constitution of Pakistan 1973, Chapter 2 of Part IV of the Constitution deals with the provincial assemblies of Pakistan from article 106 to 117.

Qualification for member of National assembly
Qualifications required to become a member of provincial assembly so following are the qualifications of the members of provincial assemblies which are same for both provincial assembly and National Assembly.
• The candidate must be a Muslim by faith.
• The candidate must be a citizen of Pakistan.
• The candidate must not be less than 25 years of age.
• The candidate should not hold any office of profit in Pakistan.
• Candidate’s name should be in electoral roll.
• The candidate must be mentally and physically fit.

Method for election in provincial Assemblies
The members of provincial Assemblies are elected by direct method of election.

Term of provincial Assemblies article 107
The term of provincial Assemblies is five years, the term of five years shall start from the day of its first meeting and shall dissolve at the expiration of its term.
Composition in provincial assemblies in Pakistan Article 106
The number of seats in each provincial assembly is based on the population of the respective province and explained in the Constitution. In addition to the general seats, there are reserved seats for women and non-Muslims. The table below shows details of seats in each province for which candidates will be contesting the General Election, 2018*.
Description Baluchistan Khyber Pakhtunkhwa Punjab Sindh
General seats 51 99 297 130
Women 11 22 66 29
Non-Muslims 3 3 8 9
Total 65 124 371 168



*The number of provincial seats for KP has been increased because of its merger with FATA after the 25th constitutional amendment was passed by Parliament in May 2018. The new number of seats for the KP assembly according to the 25th constitutional amendment is given below.
Description General seats Women Non-Muslims Total
Khyber Pakhtunkhwa 115 26 4 145

Dissolution of Provincial Assembly article 112
On the advice of the chief minister, the governor will be bound to dissolve the provincial assembly. If the provincial assembly is not dissolved by the governor upon the advice of chief minister, the provincial assembly will be automatically dissolved after 48 hours.

Powers and functions of Provincial Assembly
1. Legislative powers
The Provincial Assemblies is empowered to make laws for the provinces with respect to criminal law, criminal procedure, evidence, and any matter not stated in the Federal Legislative List. It cannot, however, make any law:
• which is repugnant to the injunctions of Islam as laid down in the Holy Quran and the Sunnah
• which is repugnant to any provision of the Constitution.
• which is inconsistent with a federal law.
• which violates or contravenes any of the fundamental rights.
• which is not in consonance with the Principles of Policy.

2. Elect speaker and deputy speaker
The first function of provincial assembly is to elect the Speaker, Deputy Speaker, and Chief Minister from the fellow members in the first meeting of provincial assembly after the general elections.

3. Approval of budgets
Article 122(2) and Article 124 empower the provincial assembly to approve or deny any demand and reduce the amount specified in the demand. After the approval of the budget, the government has no right to deviate from these restrictions. The government must get regularization from the provincial assembly .

4. election of the President
The provincial assemblies Act as an electoral college for the election of the President of Pakistan.

5. To keep checks on the policies and practices of the Government
The importance of the provincial assembly is that it is a representative body and monitors the policies, practices, and performance of the government. Article 130 (4) states that the cabinet shall collectively be responsible for the provincial assembly.

6. Autonomy to establish local government systems.
According to the 18th amendment, provinces are now granted power and autonomy to establish local government systems and transfer political, administrative, and financial responsibility and authority to elected representatives. It also increased the administrative and financial autonomy of the provinces.