Historical Background
Pakistan is a federal republic with a bicameral national Parliament and four unicameral Provincial Assemblies in its four provinces, the province of Punjab being the most populous of the four provinces. The Provincial Assembly of the Punjab, Pakistan, commonly known as Punjab Assembly, like other parliamentary institutions in the country, has evolved through a long process of constitutional development during the pre independence and the post independence periods.
Born as the Council of the Lieutenant Governor in 1897, it was merely a body of ten nominated members. The Council of the Lieutenant Governor was replaced by the Legislative Council in 1921; and ultimately reached the status of Assembly in 1937.
In the independent Pakistan, two Legislative Assemblies remained functional in the Punjab when in 1955, all the four provinces were incorporated into One Unit called West Pakistan. In July 1970, the Province of West Pakistan was abolished and the status of provinces was restored. The Constitution of Pakistan 1973 gave the present status to the Provincial Assembly of the Punjab.
Building
The present Assembly building, situated at the Shahrah-e-Quaid-Azam, (The Mall), Lahore, a marvelous piece of Roman architecture, was designed by Mr Bazel M. Salune. Its foundation stone was laid on November 17, 1935 and the building was completed in 1938. The fourth session of the Punjab Legislative Assembly, constituted in 1937, was held in this building on November 10, 1938. Since 1947, the present building has been the permanent seat of the Punjab as well as the West Pakistan Assemblies.
Functions
There are three main functions performed by the Assembly viz a viz, legislation, management of public money and policy making.
Functionaries
1. The Speaker and Deputy Speaker
After the first meeting of the Assembly, the members take an oath. The Assembly elects, from amongst its members, a Speaker and a Deputy Speaker. The election is held through a secret ballot, and the members who obtain a majority of the votes amongst the members present are elected as Speaker and Deputy Speaker.
The term of office of the Speaker and the Deputy Speaker is the same as that of the Assembly. Once the Assembly has been dissolved, the Speaker and Deputy Speaker remain until they are replaced at the following session.
Resignation or Removal: The Speaker may submit his resignation to the Governor, and the Deputy Speaker may do so to the Speaker. The Speaker or the Deputy Speaker may also be removed from office by the majority of the total membership of the Assembly. The Speaker/Deputy Speaker cannot take the chair at the meeting of an Assembly in which a resolution for his removal from office is being considered.
Functions: At the start of each session, the Speaker nominates, in order of precedence, from amongst the members, a panel of not more than four Chairmen to preside over the sittings of the Assembly in the absence of Speaker and Deputy Speaker.
The Speaker takes a central position in the Assembly. Although elected as a nominee of a political party, it is assumed that the Speaker will conduct the business of the Assembly in a just and fair manner, as an impartial arbiter, and manage the proceedings in line with the established norms of democracy. The Speaker is required to affect a balance between the Treasury and the Opposition benches.
In addition to the functions relating to the conduct of business of the Assembly, the Speaker also performs certain administrative and financial functions under the Constitution and rules.
2. The Chief Minister
After the election of the Speaker and the Deputy Speaker, the Assembly cannot transact any other business unless it elects the Chief Minister. The Chief Minister is elected in a special session, summoned by the Governor on a day specified by the President. The Chief Minister obtains vote of confidence from the Assembly within 60 days of assuming office.
The majority of the total membership of the Assembly may also remove the Chief Minister by passing a resolution for a vote of no-confidence against him. The Chief Minister may, by writing addressed to the Governor, resign.
A Cabinet of Ministers, headed by the Chief Minister, is formed to aid and advise the Governor of his functions. The Governor appoints Provincial Ministers from amongst members of the Assembly on the advice of the Chief Minister. A Minister may also submit resignation to the Governor. A Minister may also be removed from office by the Governor on the advice of the Chief Minister.
3. Leader of the Opposition
The Opposition within the Assembly has a significant role in the democratic process. The Members of the opposition who have an alternative view of governance to the party in power are also committed to the same principles upheld by the Constitution. A Member, elected to serve as the focal point and presenter of such opposing views, is known as the Leader of the Opposition. The Speaker nominates a Member as Leader of Opposition, who, in his opinion commands the majority of opposition Members.
Summoning
The Governor of the Province has the power to call a meeting of the Provincial Assembly. The Governor is also authorized to postpone or discontinue the session. Also the Speaker, on a written request signed by not less than a quarter of the total membership of the Provincial Assembly, can summon it, within 14 days of receipt of the request.
There must be at least three sessions of the Provincial Assembly every year, with not more than 120 days intervening between the last sitting of the Assembly in one session and the date appointed for its first sitting in the next session. The Provincial Assembly must meet for not less than 70 working days in each year.
Duration of the Provincial Assembly
The term of Provincial Assembly in Pakistan is five years unless it is dissolved before that.
Dissolution of the Provincial Assembly
The Governor is empowered to dissolve Provincial Assembly if advised by the Chief Minister. On the Chief Minister’s advice, the Provincial Assembly can be dissolved within 48 hours.
The Governor can dissolve the Provincial Assembly if the President so advises. This takes place if the Governor is of the opinion, that after a vote of no confidence against the Chief Minister has been passed, there is no other member of the Provincial Assembly who can command the confidence of the majority of the members of the Provincial Assembly.