The Legislative System And Law Making In Pakistan

The Nature of the Parliament and the legislative system existing in Pakistan cannot be appreciated accurately unless the origin of this institution in Britain is reviewed. 

The word “Parliament“ comes from the French word “Parlement” which means a talk.  

In origin Parliament was not originally a law making body, nor are its functions exclusively legislative at the present day . A Parliament was a “council”. 

The title given in the book of common Prayer was “The High Court of Parliament” because originally it was more like a court, Even Coke used the words, “The High and Most Honourable Court if Parliament” 

The origins of the United Kingdom Parliament are traced from Anglo-Saxon times (8th to 11th centuries) 

The First feature was called the Witan. The King at the discretion called upon advisors and nobles of his choice to discuss the matters affecting the country this was called Witan. 

DEMOCRACY, UNITED KINGDOM AND PAKISTAN 

Today democracy may be associated with the British constitution without a second thought . it is true that democracy did not come to Britain early in comparison with other countries, but many of the key elements of British constitution predate the emergence of democracy, as an accepted form of Govt.  

REPRESENTATIVE DEMOCRACY: 

Universal suffrage was achieved with the enactment of the Representation of the Peoples Act 1918 and 1928. The Act of 1928 lowered the voting age for women to twenty one. Which was the same as for men, and established the principle” one man or women ,one vote “. 

The Representation of peoples Act 1948 abolished the business and university franchises which had qualified certain persons to cast more than one vote.  

Pakistan inherited representative democracy in its fully developed form.  

Ministers in the Govt are elected as Members of the Parliament, but not as Ministers they are appointed by the Prime Minister not elected to ministerial office. 

The Prime Minister himself is appointed by the Monarch, who is not elected although the monarch does appoint as Prime Minister the person who commands majority support in the House of Commons,  

PARTICIPATORY DEMOCRACY: 

Representative Democracy is a great achievement but it does not necessarily prevent an over-centralisation of state power , the dominance of a political elite or an emergence of accountable provate corporations wielding considerable economic power. True democracy is one in which there is greater participation of people, and this is called participatory democracy! 


The Present constitution , called the Constitution for Islamic Republic of Pakistan 1973, was promulgated on 14th August , 1973 

From 1947 t0 1973 the country had a unicameral system of legislature. 

Under the 1973 Constitution Pakistan adopted the bicameral system at the centre, called “The Parliament” which consists of The President, The National Assembly and The Senate.” 

It is now called the Majlis e Shoora (Parliament) 

The latest amendment to the Constitution of Pakistan is the 27th Amendment passed on 13th Nov’2025 and assented by President Asif Ali Zardari same day 

27th Amendment Key Changes: 

Federal Constitutional Court Created (FCC): A new judicial body established above Supreme Court , composed of judges “curated under the new executive -controlled appointment process. 

  • The Supreme Court is stripped of constitutional jurisdiction and reduced to an appellate court.
  • Judicial appointment and Transfers over hauled.
  • CJP no longer chosen by seniority. A Parliamentary committee now selects from among the three most senior judges.
  • Changes to Article 243: Armed Forces
  • Amended provisions relating to control of armed forces /defense command structure

Article 6—Treason expanded 

Now states that any court including the FCC, SC or High courts , cannot validate the abrogation of the Constitution framed as Martial Law 

Federal Provincial Relations: 

  • Reviewed fiscal and administrative 
  • autonomy of provinces
  • Govt claims reforms modernize governance
  • Oath Administration
  • CJP to Administer oath to the President, Chief Election Commissioner, & Auditor General

CONTROVERSY & IMPACT 

Legal experts say the 26th and 27th Amendment have ended the concept of constitutional supremacy, The International Commission of Jurists say “Blow to judicial independence” 

The 27th Amendment is published in the Gazette of Pakistan on 13th Nov 2025.