Modern political system and Types of political system

They are differentiated from of Modern political system on the basis of the principles of:

• Democracy
• Modernity.

A political system is said to be democratic if its political subsystem, like political parties or interest groups, enjoy autonomy with regard to the decision-making governmental system. If not, it is a traditional political system. Hence there are four types of political systems, as under

• Traditional non-democratic political system.
• Traditional democratic political system.
• Modern non-democratic Political System.

David Easton Political System

The first political scientist to apply systems analysis to politics in his book, The Political System, which he wrote in 1953. The concept of political system was very formally the sold by the political scientist. Easton defines a political system is that system of the interactions in any society through which binding or authoritative allocations are made and implemented. Authoritative allocations relate to the values or objects or resources of human needs and desires. They can be roughly translated as laws or acts of policy. Easton’s model of the political system consists of two main parts the environment and the political system as such. The political system consists of

• The conversion process,
• The inputs,
• The outputs,
• The feedback.

According to Easton, there are, besides the political system, two other political systems. One of them is bellow it, which he called Para-political system, e.g. political panics, pressure groups, etc. and the other is above it, namely the international political system. But it is the national political system which is political system par excellence because it alone makes and implements authoritative decisions allocating values or goods and resources to individuals, and groups, in the society.

Read More

Definition of party system

A political party has been defined as an organized body of people who stand for certain principles and policies in political life of the country, by whose co – operation they seek to promote the interest of the country as a whole. According to,

• Edmund Burke: A political party is a body of men united for promoting by their joint endeavors the national interest, upon some particular principle in which they all are agreed.”
• Stephen Leacock: By a political party we mean more or less an organized group of citizens who act together as political unit”
• Gilchrist: A Political party is an organized group of citizens who professes to share the same political views“

Read More

Theory of the separation of powers

Since the ancient day of Aristotle, political writers have recognized the threefold distribution of governmental functions or powers. They are

• The law making or legislature power
• The law-enforcing or executive power.
• The law adjudicating or judicial power.
Each power is exercised by its own department or organ of government.

Montesquieu theory of the separation of powers

Montesquieu explained his theory in this word: “in every government there are three sorts of power: Legislative, Executive and judicial. The liberty of individual required that neither all these powers nor any two of them should be placed in the hands of one men or one body of men.

• When the legislative and executive powers are united in the same person or body , there can be no liberty, because apprehensions may arise that the king, who is also law maker, might make and enforce the laws in a tyrannical manner.
• If the judicial power is joined with the legislative , the life and liberty of the subject will be exposed to arbitrary control, for the judge would then be the legislator.
• Where the judicial power joined to the executive power, the judge might behave violence and oppression.
• There would be an end of everything if the same man or the same body, whether of the nobles or of the people, were to exercise those three powers, that of enacting laws, that of enforcing them and of trying the cases of individuals

Read More

Relationship of political science with history and sociology.

Political science and history

There is closed and intimate relationship between political science and history. The relationship between political science and history is beautifully explained by.

John Seeley

History without political science has no fruit and political science without history has no root”. To quote the same author again.
Politics is vulgar when not liberalized by history and history fades into mere literature when it loses sight of its relation to politics.

Freeman

History is past politics and politics is present history “. They are complementary to each other.

Montesquieu and Bryce

Montesquieu and Bryce made use of historical materials to study political science.

Lord Bryce

Lord Bryce claims that, political science stands midway between history and politics, between the past and the present. It has drawn its materials from the one; it has to apply them to the other.
History deals with past events, movements revolutions, national struggles etc. and gives information about the origin and development of political institutions and thought. When various issues, concepts and terms, ideologies, are discussed in political science, their historical development is also taken into consideration.

Political science and sociology

Sociology is the root of all social sciences. Auguste Comte is the father of sociology. Sociology is the study of Society. Political science and sociology are inter-related political scientists and sociologists contribute mutually for the benefit of whole society. For example, the institution of marriage and related problems after that, namely divorce are within the domain of sociology. How to solve these problems in a harmonious way for better standard of life is within the competence of political science. What was once a sub-field of sociology has now takes the form of “political sociology” which is now a legitimate subfield of political science.

Read More

Austin’s theory of sovereignty (monistic view)

In the 19th century the theory of sovereignty as a legal concept was perfected by Austin, an English Jurist. He is regarded as a greatest exponent of Monistic Theory.
In his book Province of Jurisprudence Determined (1832) Austin observed if a determinate human superior, not in the habit of obedience to a like superior, receives habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society and that society (including superior) is a society political and independent.
To Austin in every state there exists an authority to which a large mass of citizen show compliance. This authority is absolute, unlimited and indivisible.
Austin’s theory of sovereignty depends mainly upon his view on nature of law. According to Austin “Law is a command given by a superior to inferior” the main tenets of Austin’s theory of sovereignty are as follows.

• Sovereign power is essential in every political society.
• Sovereignty is a person or body of persons. It is not necessary that sovereign should be a single person.
Sovereignty may reside in many persons also. Austin explains that a “Sovereign is not necessarily a single person, in the modern western world he is rarely so but he must have so much of the attributes of a single person as to be a determinate.” To Austin state is a legal order, in which there is a supreme authority, which is source of all powers. Sovereignty is concerned with man, and every state must have human superior who can issue commands and create laws. Human laws are the proper subjects of state activity.

• Sovereign power is indivisible. Division of sovereignty leads to its destruction. It cannot be divided.
• The command of sovereignty is superior to over all individuals and associations. Sovereign is not bound to obey anyone’s order. His will is supreme. There is no question of right or wrong, just or unjust, all his commands are to be obeyed.
• Austin’s theory says that the obedience to sovereign must be habitual. It means that obedience should be continuous. He also includes that is not necessary that obedience should come from the whole society. It is sufficient, if it comes from the lay majority of people. Obedience should come from bulk of the society otherwise there is no sovereign.

In brief we can say that sovereignty according to Austin is supreme, indivisible and unquestionable. Like all other theories of sovereignty Austin’s theory is also not free from criticism. The first criticism is regarding sovereignty residing in a determinate superior. Even sovereign’s acts are shaped by so many other influences, such as morals, values and customs of the society

Read More

Relation between the National Assembly and the Senate

The National Assembly has been granted more power than the powers granted to the Senate.

Responsibility

The Executive is collectively responsible only to the National Assembly and not to the Senate.

Sole Body

The national assembly is the sole body to vote upon the demand for grants of money.

Money bills can be introduced

Money bills can be introduced only in the National Assembly. Conclusion In this way the senate has practically no powers over the money bills.

Read More

The Federal Shariat Court

The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Justice Agha Rafiq Ahmed Khan is the current Chief Justice of the court. Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President.
Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.

Read More

Supreme judicial council, Composition and Powers of Supreme judicial council

Supreme judicial council

The article 209 has been examined by the Supreme Court of Pakistan - The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges.

Composition

The composition of the Council is set out in the constitution as: The Chief Justice. The two next most senior judges of the Supreme Court of Pakistan. The two most senior Chief Justices of the provincial High Courts

Where the council is investigating a member of the council he is replaced by the next most senior judge.

Powers

No judge in Pakistan may be dismissed except by the Supreme Judicial Council. 

Read More

Relation between the National Assembly and the Senate

Relation between the National Assembly and the Senate

The National Assembly has been granted more power than the powers granted to the Senate. 

Responsibility

The Executive is collectively responsible only to the National Assembly and not to the Senate. 

Sole Body

The national assembly is the sole body to vote upon the demand for grants of money. 

Money bills can be introduced

Money bills can be introduced only in the National Assembly. Conclusion

In this way the senate has practically no powers over the money bills.

Read More

Summoning and Prorogation of National Assembly

Summoning and Prorogation of National Assembly

The procedure regarding summoning and prorogation of the Senate is the same as that National Assembly. In normal circumstances the Senate is to be summoned by the President, and in this case he has the power to prorogue it. However, the Senate can also be summoned by the Chairman if he is asked for by not less than one-fourth members of the senate. In this case the President has no power to prorogue it. In this case the power to prorogue the senate has been given to the Chairman only who has called it into session.

It is envisaged that there shall at least he two session of the Senate every years with an interval of not more than one hundred and twenty days. 

Read More

Election of the chairman and deputy chairman, Duties of the Chairman

Before, transacting any business, except the oath taking ceremony, the senate will chose its Chairman and Deputy Chairman among its members. If the office of Chairman or Deputy Chairman becomes vacant, the Senate will elect another member as a Chairman or Deputy Chairman as the case may be. Oath of the office.
It is circumvent upon the Chairman and Deputy Chairman to take an oath before the Senate before entering upon their offices in the form set out in the Third Schedule.

Vacancy in the office

The office of the Chairman or Deputy Chairman may become vacant if.

• He resigns his office,
• He ceases to be a member of the senate,
• He is removed from the office.

Duties of the Chairman under constitution

The duties of the Chairman are the same as of the Speaker. Further he is to act as President of the State when the office of President is vacant, or the President is absent or is unable to perform his functions due to any reason. Chairman or Deputy Chairman is not provided at a meeting of Senate when a resolution for his removal is being considered.

Term of office

The term of office of the Chairman or the Deputy Chairman is three year from the day of on which he enters upon his office.

Resignation

The Chairman can resign his office by writing under his hand addressed to the President. The resignation of the Deputy Chairman is to be addressed to the Chairman.

Read More

How chief election commissioner can be appointed and removed from the office?

How chief election commissioner can be appointed and removed from the office?

The chief election commissioner is appointed by the president in his direction and no person shall be appointed as commissioner unless he is, or has been a judge of the Supreme Court or is, or has been, a judge of the high court. But it is a condition precedent that the judge of high court must be such who can be eligible for appointment as judge of Supreme Court as provided under article 177, clause 2(a). it means that the judge of high court must have got the standing of five years for appointment. Before entering upon office the commissioner shall make before the chief justice of Pakistan oath in the manner prescribed in schedule-III. The term of the office of the commissioner is three years provided that the national assembly may be resolution extent the term of the commissioner by a period not exceeding one year.

Removal of the chief election commissioner

The commissioner shall be removed from office in the manner prescribed under article 209 says that on information received from the supreme judicial council or from any other source the president is of the opinion that the chief election commissioner.. 

(A). May be incapable of properly performing the duties of his office by reason of physical and mental incapacity.

(B). May have been guilty of misconduct…

The president shall direct the council inquire into the matter, and when after inquiry the council report to the president that, 

(A). The chief election com: is incapable of performing the duties of his office, or has been guilty of misconduct.

(B). He should be removed from office.

The president may remove the chief election commissioner from office.

Read More

How chief election commissioner can be appointed and removed from the office?

How chief election commissioner can be appointed and removed from the office?

The chief election commissioner is appointed by the president in his direction and no person shall be appointed as commissioner unless he is, or has been a judge of the Supreme Court or is, or has been, a judge of the high court. But it is a condition precedent that the judge of high court must be such who can be eligible for appointment as judge of Supreme Court as provided under article 177, clause 2(a). it means that the judge of high court must have got the standing of five years for appointment. Before entering upon office the commissioner shall make before the chief justice of Pakistan oath in the manner prescribed in schedule-III. The term of the office of the commissioner is three years provided that the national assembly may be resolution extent the term of the commissioner by a period not exceeding one year.

Removal of the chief election commissioner

The commissioner shall be removed from office in the manner prescribed under article 209 says that on information received from the supreme judicial council or from any other source the president is of the opinion that the chief election commissioner.. 

(A). May be incapable of properly performing the duties of his office by reason of physical and mental incapacity.

(B). May have been guilty of misconduct.

The president shall direct the council inquire into the matter, and when after inquiry the council report to the president that, 

(A). The chief election com: is incapable of performing the duties of his office, or has been guilty of misconduct.

(B). He should be removed from office.

The president may remove the chief election commissioner from office.

Read More

Jurisdiction of the high court and The writ jurisdiction

Jurisdiction of the high court

The jurisdiction of high court is defined in the constitution. But, unlike the Supreme Court, its jurisdiction extends to both judicial and administrative matters. It is mainly because a high court is the highest court in the province, and supervises the work of the subordinate courts in it.

The writ jurisdiction 

flows from the constitution, while its appellate jurisdiction in civil and criminal matters flows from the law such as the civil and criminal procedure codes of Pakistan. We shall here confine ourselves to that part of its jurisdiction which is conferred by the constitution.

The high court has original jurisdiction in certain matters, such as cases of the contempt of court, writs, etc.

Read More

Removal of the judge of high court.

Removal of the judge of high court.

If, on information received from the supreme judicial council or from any other source, the president is of the opinion that a judge of the high court is incapable of properly performing his duties due to physical or mental incapacity or he has been guilty of gross misconduct, the president shall direct the supreme judicial council to inquire into the matter. If the council, on inquiry, finds him so incapable physically or mentally or guilty of misconduct, and report to the president accordingly, he may remove the judge from office.

Read More

Write note on the appointment of the additional judges?

Write note on the appointment of the additional judges?

If the office of the judge of high court is vacant at any time or a judge is absent or unable to perform his duties due to any reason, or there is a need to increase the number of judges of a high court, the president may appoint a person as an additional judge of the high court for such a period as the president may determine. But his period cannot exceed the period prescribed by law. The person so appoints should be otherwise qualified to be appointed as the judge of high court. (Art. 197)

Read More

jurisdiction of Supreme Court

Discuss the following jurisdiction of Supreme Court?

Original jurisdiction
The Supreme Court shall have a exclusive original jurisdiction in any dispute in any two or more government. This jurisdiction shall exercise just to pronounce declaratory judgment only. (Art. 184)

The Supreme Court without prejudice to the provisions of Article 199, shall, if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by chapter-I of part two is involved, have the power to make an order of the nature mentioned in the said article.

Appellate jurisdiction  
(1). Subject to this article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees final orders or sentences of High court.
(2). An appeal shall lie to the supreme court from any judgment, decree, final order or sentence of High court.

A). If the high court has on appeal received an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life or on revision, has enhanced a sentence to a sentence as aforesaid or.
(B). If high court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid or.
(C). If the high court has imposed any punishment or any person for contempt of the high court or.
(D). If the amount or value of the subject matter of the dispute in the court of first instance, was and also in dispute an appeal, is not less than fifty thousand rupees or such other sum as may be specifies in that behalf by act of parliament and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below or.
(E). If the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or the final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below or.
 (F). If the high court certifies that the case involves a substantial question of law as to the interpretation of the constitution

3).  An appeal to the supreme court from a judgment decree order or sentences of high court in a case to which clause 2  does not apply shall lie only if the Supreme Court grants leave to appeal. (Art. 785)

Advisory jurisdiction
If at any time the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. The Supreme Court shall consider the question and referred a report its opinion on the question to the president. The advice so given will not be binding on the President. (Art. 186)

Read More

How are the auditor general of Pakistan appointed and removed and what are the function and powers?

How are the auditor general of Pakistan appointed and removed and what are the function and powers?

Appointed of auditor general

The auditor general is appointed by president. Before entering upon office the auditor general shall make before the chief justice of Pakistan oath in the form of set out in the third schedule. His term and condition of service, including the term of office is determined by act of parliament and until so determined, by order of the president. 

A person shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has cased to hold that office.

Removal of auditor general - He can be removed only in cases of physical or mental incapacity or gross misconduct and not otherwise. He can be removed from office by the president only on the recommendation of the supreme judicial council. (Art. 169).

Function and power of auditor general - The auditor general in relation to 

(A). The account of the federation and of the provinces and 

(B). The account of any authority or body established by the federation or a Province,

Perform such function and exercises such powers as determined by or under the act of parliament and, until so determined, by order of the president. (Art. 169)

Power of auditor general to give direction as to account

The auditor general with the approval of the president gives the direction for the maintenance of accounts of the federation and of the provinces in the manner prescribed by him. (Art.170)

Read More