Chapter 5 Administrative Structure of Pakistan and the Concept

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Chapter 5 Administrative Structure of Pakistan and the Concept Pakistan history

Pakistan Study Class 12 notes Chapter 5 Administrative Structure of Pakistan and the Concept for kpk.

Short Questions/Answers

1) Enlist the areas of the Islamic Republic of Pakistan as per constitutional division.

Answer:
The administrative structure of the Islamic Republic of Pakistan is based on the 1973 Constitution. Under this Constitution, the Islamic Republic of Pakistan would be a federal state constituted of the areas falling in four categories:
1.    Four provinces, Punjab, the Sindh, the NWFP, and Baluchistan.
2.    Federal Capital (Islamabad) and areas adjoining it.
3.    Federally Administered Tribal Agencies (FATA) and the Northern Areas.
4.    Tribal Areas adjoining the NWFP and Baluchistan. 

2)    Enumerate the subjects enlisted in the Federal List.

Answer:
The Federal list contains the subjects on which only the Federal Parliament can legislate. The important matters enumerated in this list are Armed Forces, Covenants, Banking, Currency, Foreign Exchange, Nuclear Energy, Planning, Citizenship, Foreign Affairs, and Communications.

3)    Enumerate the important subjects included in the Concurrent List.

Answer:
National Parliament and Provincial Assemblies have an equal jurisdiction regarding the subjects mentioned in the Concurrent List. Following are the important matters enumerated in this list are Health, Education, Criminal and Civil Law, Family Planning, Irrigation, Newspaper, Zakat, Tourism, and archives.

4)    Write a note on the federal judiciary (The Supreme Court).

Answer:
Under the Constitution of 1973, a Supreme Court had been established at the federal level. All persons and organisation operating within the state of Pakistan fall within the jurisdiction of the Supreme Court. The Supreme Court is comprised of one Chief Justice and a number of judges. The President appoints the Chief Justice, and the President with the consultation of Chief Justice selects the rest of the judges. Justices of the Supreme Court have full security of the service. Only the Supreme Judicial Council can make recommendations about the removal of a judge based on serious disability. The President passes the order of the removal, but he cannot remove a judge, on his own without the recommendation of the Supreme Judicial Council.

5)    When and why was the Devolution Plan introduced?

Answer:
General Pervez Musharraf introduced a new system of local governments in 2000, which he named “Devolution of Power and Responsibility Plan.” This plan was introduced to transfer of resources and power to lower-level authorities, which are largely, or wholly independent of higher levels of government in order to bring the maximum benefits to its population and to the entire society. 

6)   Enlist five significant obstacles in the way of good governance.

Answer:
Good governance can be established only in a strong and stable political culture. The major obstacles interposed in the way of establishing good governance are:
1.    Bad citizenship
2.    Illiteracy and ignorance
3.    Poverty
4.    Culture-based on war and terrorism
5.    Oppressive political system
6.    Social system based on corruption and dishonest practices.

7)  Give an account of the system of accountability adopted in Hazrat Omer’s (RA) government.

Answer:
Hazrat Omer RA was all time ready and willing to answer any question that anybody would raise about his public decisions or personal life. From the tradition of prophet S.A.W, he inferred a principle that if the Ameer of the Muslims or any member of his household commits a crime, he or she would be given double punishment. He observed this principle strictly throughout his life. He inflicted double penalty for drinking wine on his own son. He was extremely vigilant and harsh about the governors he set. Every important officer holder in the state had to submit a list of his property, at the time of his appointment. The Caliph got it signed by four witnesses and preserved it for the record.  The common citizens were free to make complaints against the highest of the government functionaries. If the charges were proved, the functionaries were given exemplary punishment and even removed from office in case of serious charges.

8)   What measures were taken by Hazrat Omer (RA) to ensure social security?

Answer:
The concept of social security as the prime responsibility of the state reached its climax during the reign of Hazrat Omer RA. He once said, “Omer (RA) will be held accountable if a dog at the bank of Dajlah dies of hunger.” Therefore, he established a system of permanent financial support for the widows, orphan, and the destitute to be paid from the Bait-ul-Maal (Public Exchequer). He also fixed an amount for the purchase of milk at the time a baby was born in the state.

9)    Enlist the four tiers of the District Government.

Answer:
The four tiers of District government are:
1.    Union Council
2.    City District
3.    Tehsil Council
4.    District Council

10)    What is Citizen Community Board?

Answer:
The society of Citizen Community Boards has been developed in the Local Government Ordinance to enable the bold elements of the society to participate in community work and development related activities at gross-root-levels. These boards are formed by monitoring the committees of the Union Council for managing government hospitals, basic health units, educational and other important services institutions. 


Long Question/Answers

1)  What is the composition of the federal legislature in Pakistan? (Separate narration of Senate and National Assembly composition is not required)

Answer:

The Constitution of 1973 is the first Constitution of Pakistan made by a constituent assembly elected directly by the people based on adult franchise. All the political parties with membership in the Constituent Assembly voted for the Constitution. The administrative structure of the Islamic Republic of Pakistan is based on the 1973 Constitution.

The composition of the Federal Legislature in Pakistan:

Legislative is defined as the law forming body of the state. The Federal legislative of Pakistan under the Constitution of 1973 has been named ‘Parliament’. The Parliament of Pakistan, officially termed the Majlis-e-Shoora, is the federal and supreme legislative body of Pakistan. Pakistan’s Parliament is the bicameral federal legislature that consists of the two houses i.e. National Assembly or the lower house and Senate or the upper house. Every piece of Legislation that parliament passes undergoes four stages, i.e.

  1. First of all, a draft of the desired law is prepared by the law experts. This draft is called “Bill.” Private members can also prepare or draft bills to be presented before the Parliament.
  2. A draft is generally initiated before the lower house (National Assembly) first. The National Assembly undertakes a debate on the bill, which is carried out in different stages. If the National Assembly passes the bill in original or amended form, it is sent to the upper house (Senate) for approval.
  3. A bill passed by the National Assembly is again debated in different stages in the Senate. After the debate, the bill may be passed in original or amended form or rejected.
  4. A bill passed by the Parliament (National Assembly and Senate) is submitted for the final approval of the President. After the approval of the President, the bill is published as law and makes a part of the statute book. The President has no real authority to reject a bill passed by the Parliament. All bills except the monetary bills can be initiated in either of the two houses (National Assembly or Senate). If a bill is initiated in the Senate it will be sent to the National Assembly after the approval of the Senate, but as a matter of practice, most of the bills are first initiated in the National Assembly.

2)   Describe the composition and functions of the National Assembly of Pakistan under the 1973 Constitution.

Answer:

National Assembly:

The National Assembly of Pakistan is the country’s sovereign legislative body. It embodies the will of the people to let themselves be governed under the democratic, multi-party Federal Parliamentary System.

The composition of National Assembly:

The Pakistani National Assembly is the lower house of the bicameral Majlis-e-Shoora or the Parliament. The National Assembly is a democratically elected body consisting of 342 members, who are referred to as Members of the National Assembly (MNAs), of which 272 are directly elected members and 70 reserved seats for women and religious minorities. The country has been divided into constituencies’ demarcated based on the nearly equal number of voters in each constituency. Each constituency returns one member to the National Assembly, which is elected by the Universal Adult Franchise. The members of the Provincial Assemblies in all the four provinces elect woman members to fill the seats reserved for women members allocated for each province. Any citizen of the Islamic Republic of Pakistan who has attained to the age of 25 is eligible for the membership of the National Assembly.

The presiding officer of the National Assembly is called “Speaker” while “Deputy Speaker” is also elected to perform duties in the absence of the Speaker. The Prime Minister is the most powerful and dignified office of the Republic. He is the head of the administrative machinery and the Chief Executive as well as the leader of the majority party in the National Assembly. The President cannot overrule or reject the advice tendered by the Prime Minister. The President, however, enjoys certain discretionary powers.

Functions of National Assembly:

Under the Constitution of 1973, The National Assembly is elected for five years, but the President can dissolve the National Assembly on Prime Minister’s advice during its term. In this case, midterm elections are held within 90 days of the dissolution of the Assembly. The functions of National Assembly are:

  1. The National Assembly has wide-ranging powers of legislation.
  2. It enjoys full control of financial matters. 
  3. No tax in the country can be levied without the approval of the National Assembly.
  4.  The National Assembly makes laws for the federation and elects the Prime Minister. In this way, the National Assembly exercises full control over the administration in the country.

3)  Describe the composition and functions of the Senate under the 1973 Constitution of Pakistan.

Answer:

The composition of the Senate:

The Senate is the second chamber of Parliament, first introduced in the Constitution of 1973.  This house represents the provinces and all the four provinces, large and small, have equal representation in the Senate. The composition of the Senate takes place as:

  1. Any registered voter, at least 30 years of age, is eligible to contest for a seat of the Senate, allocated for his province of domicile. 
  2. The Senate session is presided over by a Chairman, who is assisted by a Vice-Chairman. Both these officials are elected by the Senators, which are formed among themselves.
  3. The composition of the Senate has further changed with the incorporation of the Seventeenth Amendment in the Constitution. The Senate now has a strength of 100 members. Of these, 14 are elected from each provincial assembly; eight are elected from the FATA, 4 from the Federal Capital, 4 women elected by each provincial assembly and 4 technocrats including Ulama, elected by each provincial assembly. 
  4. The Senate is a permanent institution, which cannot be dissolved en block (as a whole). Each Senator is elected for six years and half of the total number of Senators retires every three years.

The Functions of the Senate:

The functions of the Senate are:

  1. No law in the Republic can be promulgated unless it has been passed by the Senate.
  2. The Senate’s powers of legislation are at par with the National Assembly accepting monetary matters regarding which the National Assembly has a dominant role.
    The chairman of the Senate officiates as President of Pakistan in his absence.
  3. The framers of the Constitution of Pakistan gave the Senate the important role of protecting the interest of federating units. 
  4. The Senate promotes a feeling of equality, peace, and harmony, which is essential for the growth and prosperity of a nation. Thus, the Senate over the years has emerged as an essential organ and a stabilizing factor of the federation.

4)  What is the composition of the federal administration under the 1973 Constitution; also enlist its important functions.

Answer: 

The administrative structure of the Islamic Republic of Pakistan is based on the 1973 Constitution. There are five governments working in Pakistan; one federal and four provincial governments. All federal systems are based on the principle of division of powers among the federating units (Provinces) and the federal government (the central government). Governments are composed of three organs. The composition of these three organs under the Constitution of the Islamic Republic of Pakistan is based on Legislative, Executive and the Federal Judiciary.

1.    The Legislative:

Legislative is defined as the law forming body of the state. The Federal legislative of Pakistan under the Constitution of 1973 has been named ‘Parliament’. The Parliament of Pakistan, officially termed the Majlis-e-Shoora, is the federal and supreme legislative body of Pakistan. Pakistan’s Parliament is the bicameral federal legislature that consists of the two houses i.e. National Assembly or the lower house and Senate or the upper house. Every piece of legislation that the parliament passes undergoes four stages, i.e.

  • First of all, a draft of the desired law is prepared by the law experts. This draft is called “Bill.” Private members can also prepare or draft bills to be presented before the Parliament.
  •  A draft is generally initiated before the lower house (National Assembly) first. The National Assembly undertakes a debate on the bill, which is carried out in different stages. If the National Assembly passes the bill in original or amended form, it is sent to the upper house (Senate) for approval.
  • A bill passed by the National Assembly is again debated in different stages in the Senate. After the debate, the bill may be passed in original or amended form or rejected.
  •  A bill passed by the Parliament (National Assembly and Senate) is submitted for the final approval of the President. After the approval of the President, the bill is published as law and makes a part of the statute book. The President has no real authority to reject a bill passed by the Parliament. All bills except the monetary bills can be initiated in either of the two houses (National Assembly or Senate). If a bill is initiated in the Senate it will be sent to the National Assembly after the approval of the Senate, but as a matter of practice, most of the bills are first initiated in the National Assembly.

2.    The Executive:

The Democratic systems are classified into two major government forms based on the division of powers between the organs of government; parliamentary and presidential. The Parliamentary system has been adopted in a number of countries including Pakistan, India, and the UK. The United States of America is the most outstanding example of a country run under the presidential system. In the Parliamentary system, the legislature dominates the executive. However, in Pakistan, the executive is formed by the legislature. The two important organs of the Executive are the Prime Minister and President.

i.    The Prime Minister:

The National Assembly (Legislative) elects the Prime Minister. The Prime Minister is legally bound to select three-fourths of the members of his cabinet from the National Assembly members. Every minister acts as the executive head of one or more of the government departments. The Prime Minister is the chief executive. The office of the President is less powerful in practice because the Prime Minister countersign all the orders passed by the President. The National Assembly can force the Prime Minister and his Cabinet to resign office by passing a no-confidence motion against the government.

ii.    The President:

The President enjoys the protocol of being the highest office bearer of the Islamic Republic of Pakistan. Constitutionally, his discretion is limited by the binding advice of the Prime Minister. The President is elected by the two houses of Parliament and the four Provincial Assemblies. The Parliament can remove the President if he is suffering from mental or physical disability. A Muslim, who qualifies for the membership of the National Assembly and has attained to the age of 45 is eligible to contest election for the office of the President. The responsibilities of President are:

  1. The President can impose emergency in any province and can dissolve the Provincial Assembly. 
  2. He is authorized to appoint judges of the Supreme Court and judges of all the four High Courts. 
  3. In addition, the President also appoints the Attorney General, four provincial Governors, members of the Council for Islamic Ideology and the three Army Chiefs. 
  4. He also appoints a number of other important functions of the Government.
  5. The President can promulgate ordinances on the advice of the Prime Minister by having the force of law if the National Assembly is not in session. 
  6. An ordinance issued by the President has the force of law for a period of four months. However, within or after the lapse of four months the Parliament may abrogate an ordinance or pass it as a piece of law. After approval by the Parliament, an ordinance has the same force as a law passed by the Parliament through the normal procedure. 
  7. The President has the authority to hold a referendum on an issue of national importance.

3.    The Federal Judiciary:

Under the Constitution of 1973, a Supreme Court had been established at the federal level. All persons and institutions operating within the state of Pakistan fall within the jurisdiction of the Supreme Court. The Supreme Court consists of one Chief Justice and a number of judges. The President appoints the Chief Justice, and the President with the consultation of Chief Justice appoints the rest of the judges. The Judges of the Supreme Court have full security of the service. Only the Supreme Judicial Council can make recommendations about the removal of a judge based on serious disability. The President passes the order of the removal, but he cannot remove a judge on his own without the recommendation of the Supreme Judicial Council.

5)   How provincial governments are formed and what functions do they perform in the Islamic Republic of Pakistan.

Answer:

The government of the Islamic Republic of Pakistan is comprised of one federal and four provincial governments, all the provincial governments have identical government structures and institutions, but due to the variation of the size of the provinces, the numerical strength of the Assemblies and the number of judges in the provincial High Courts differ from each other.

The Legislature:

The Provincial Assembly in each province performs almost the same functions as the National Assembly does at the federal level. The Provincial Assemblies can legislate on all matters mentioned in the Concurrent List. Every Province has been divided into constituencies equal in number to the seats allocated to the Provincial Assembly under the Constitution. From each constituency, voters return one member to their respective Provincial Assembly. Elections are held on the principle of universal adult franchise.  The head of the provincial executive is called Chief Minister. The absolute majority of the members of the Provincial Assembly elect the Chief Minister. The Chief Minister appoints members of the provincial cabinet to run the administration. Each minister heads one or more administrative departments. The Chief Minister along with his cabinet is accountable to the Assembly. The Provincial Assembly can pass a vote of no confidence to remove the Chief Minister and his cabinet from office.

Executive: (The Chief Minister and the Governor)

The Chief Minister is the leader of the Provincial Assembly. The Chief Minister has almost the same position in the province as the Prime Minister has in the federal government. The Chief Minister runs his government with the help of his cabinet. The Constitutional head of each province is called Governor. In each province, the governor enjoys the same position as the President enjoys in the centre. The President appoints all the four provincial governors. The governors represent the federal government at the provincial level. The President can remove any Governor from his office without assigning the reason. The piece of legislation passed by the Provincial Assemblies takes the force of law only if the Governor of the province has countersigned it. However, the governor cannot reject a piece of legislation passed by the Provincial Assembly. The Governor can promulgate ordinances having the force of law in the province. This power is identical to the President’s power of promulgating ordinances at the centre. Ordinances are effective for a specified period. The respective Provincial Assembly can reject the ordinance or adopt it as a permanent piece of legislation.

Judiciary: (the High Courts)

Four high Courts have been established under the Constitution in all four provinces. The High Court functions under the supervision of the Supreme Court. Each High Court consists of one Chief Justice and a number of judges. The High Court has original jurisdiction as well as appellate jurisdiction. High Courts also hear cases regarding contempt of court and tender expert legal advice to their respective Governors and Provincial Assemblies. The Supreme Court has the power to hear appeals against the decisions passed by the High Courts. 

6)  Give an account of the targets and expectations proclaimed by the authors of the Devolution Plan.

Answer:

General Pervez Musharraf assumed power on Oct 12, 1999, as Chief Executive and in 2000 he introduced a new system of local governments, which he named as “Devolution of Power and Responsibility Plan.” Devolution is the transfer of resources and power to lower-level authorities, which are largely or wholly independent of higher levels of government. The main philosophy underlying this system was to dissolve powers and responsibilities regarding governmental affairs to the “gross-root-level.” The devolution plan gave a four-tier system of local government i.e. Union Council, City District, Tehsil District, District Council.

Expectations and Targets:

The major stipulated targets and expectations of the plan were:

1.   Build the confidence of the nation.

2.   Strengthen the federation and remove disparities existing among different provinces.

3.   Build the confidence of the investors.

4.   Rule of law and ensure speedy justice.

5.   Eliminate political maneuvering from the institutions of the state.

6.   To devolve governmental authority at the grass-root level.

7.   To ensure speedy and transparent accountability.

7) Give an estimate of Hazrat Omar RA system of government in respect of democracy and the rights of minorities. 

Answer:

Hazrat Omer’s system of government in respect of Democracy and Right of Minorities:

Hazrat Omer was an energetic and brilliant man. He was known as the forerunner of any “visionary modern state” in which people are prosperous and safe and are treated equally by the law of the state, irrespective of their social or financial status.

Democracy:

Democracy in Islam refers to a political ideology that seeks to apply Islamic principles to public policy within a democratic framework. The Prophet S.A.W established a democratic state in the city-state of Madina. After the death of Hazrat Muhammad S.A.W, Hazrat Umar (R.A) was the pioneer of modern civilization who formed a state based upon the Islamic democratic system. Hazrat Omer’s (RA) Caliphate, which touched some of the remote parts of the globe, was based on the same democratic principles. He decided all the matters after consultation with the Shoora (the Council of Advisors).

This state was to serve as a role model of democracy for the rest of the world. The French philosopher Rousseau’s treatise, ” The Social Contract” is considered the pioneering work from which the Western world took its first lessons of democracy. Rousseau opens his book with the statement that “Mothers give birth to freemen. How dare you to make them slaves.” In his book, he clearly admitted that Prophet Muhammad S.A.W and his companion were the first torchbearers of democracy in the world. Likewise, India’s great leader Mahatma Gandhi said that the establishment of Ram Rajya (Rule of God) was his cherished dream when he was asked about it, he said that it would be modelled exactly on the pattern set by Hazrat Omer (RA) and Hazrat Abu Bakar (RA).

Rights of minorities:

The greatness of Caliph Umar is apparent from his sympathetic treatment of his non-Muslim subjects. Hazrat Omer’s treatment of the non-Muslim citizens was exemplary. He granted peace to the Christians who had surrendered. He consulted non-Muslims in State matters. Their voice carried much weight in the handling of affairs of special interest to them. According to Imam Shafi, once a Muslim murdered a Christian. The matter was brought to the notice of the Caliph, who allowed the heirs of the Christian to avenge the murder and the Muslim was beheaded.

Once the Muslims wanted to put up a mosque in Syria, when a suitable place was located and the plan chalked out, it was found that the plan would not be executed unless a private house, built on the proposed site were demolished. A Christian owned this house. He was asked to sell it, but he did not agree. The Muslims demolished the house by force and made it part of the mosque. When the news of this incident reached Hazrat Omer RA he ordered that the part of mosque put upon the Christian’s house be demolished immediately and the house restored and given to its owner.

Conclusion:

Hazrat Umar possessed an exemplary character and practiced what he preached. The period of Hazrat Umar’s caliphate is the “Golden Age” of Islam in every respect. He gave equal rights to all the citizens of his state. He was a man of extraordinary genius who not only molded the destiny of the nation but made history of his own.

8)    Give an estimate of Hazrat Omer’s (RA) system of government.

Answer:

Hazrat Omer’s (RA) System of Government:

Hazrat Omer RA assumed the office of Khalifah in August 634 and was assassinated in 644. He ruled for ten years. Hazrat Omer RA was one of the greatest rulers and conquerors of the world. Islamic state under his Khilafat occupied an area of 58 lac sq. kilometers but the greatest ascribed to Hazrat Omer RA was due to the marvelous system of government, which he evolved.

Guiding principles of Hazrat Omer’s RA Government:

Hazrat Omer followed the rules and principles of Hazrat Muhammad S.A.W and the Holy Quran and presented the example of the greatest ruler. His guiding principles were:

1.    The sense of Responsibility:

Hazrat Omer (RA) knew very well the responsibilities of a ruler. To him the seat of a Muslim ruler was not a seat of authority or privilege; it was rather a position that asked for selfless service and complete devotion. He never aspired to be the ruler of the state. He himself said that he only accepted the responsibility of Khilafat because Hazrat Abu Bakar RA whom he revered most, wanted him to do so, and he could not dare to disobey him.

2.    Service above Self:

Hazrat Omer set the example of a head of state who was the most humble servant of the people. Once a few camels of the Bait-ul-Maal ran away in the desert, Hazrat Omer (RA) himself went out to round them up. A companion asked him why he did not send a slave to run this errand, Hazrat Omer replied; “Am I not the most humble of all the slaves”.

3.    Social Security:

The concept of social security as the prime responsibility of the state reached its climax during the reign of Hazrat Omer RA can be gathered from his frequently quoted saying, “Omer (RA) will be held accountable if a dog at the bank of Dajlah dies of hunger.” He established a system of permanent financial support for the widows, orphans, and the destitute to be paid from the Bait-ul-Maal (Public Exchequer). An amount for the purchase of milk was fixed right at the time a baby was born in the state.

4.    Equality:

The most outstanding feature of Hazrat Omer’s (RA) System of government was the superb level of equality he maintained amongst the citizens of his state. During his reign, the worst type of famine hit Madina. He (RA) ordered all the citizens of Madina to deposit all the eatables they had, in the Bait-ul-Maal. The food was cooked in a common kitchen and was served in a common mess. Disabled and the women were served food at home. Hazrat Omer himself decided to abstain from taking food items, which were short in supply especially cooking oils and fats. His skin got dry and he grew weak and thin due to starvation. The Caliph himself and the members of his household were served food after everybody else had been served.

Once somebody suggested to him that, the children living in the Madina should be given a bigger food quota as compared to the village children because they were comparatively delicate and unable to sustain hardship and starvation like village children. Hazrat Omer RA declined to do so by saying, “this calamity has descended from the sky upon all of us, and all of us have to share it collectively”.

Once the Governor of Azerbaijan sent a jar of a delicious sweetmeat to Hazrat Omer (RA) as a gift, he opened the jar, tasted a pinch full of it and asked the carrier whether all the people in Azerbaijan take sweets like this. The courier told him that the sweet was a delicacy, which is afforded by only very rich people. Hazrat Omer (RA) replaced the lid and instantly returned it back to the courier and said that anything, which is not accessible for all citizens of the state; their Ameer has no right to enjoy.

5.    Vigilance and Accountability:

He was all time ready and willing to answer any question that anybody would raise about his public decisions or personal life. From the tradition of prophet S.A.W, he inferred a principle that if the Ameer of the Muslims or any member of his household commits a crime, he or she would be given double punishment. He observed this principle strictly throughout his life. He inflicted double punishment for drinking wine on his own son. He was extremely vigilant and harsh about the governors he appointed. Every important officer holder in the state had to submit a list of his property, at the time of his appointment. The Caliph got it signed by four witnesses and preserved it for the record. Common citizens were free to make complaints against the highest of the government functionaries. If the charges were proved, the functionaries were given exemplary punishment and even removed from office in case of serious charges.

6.    Supremacy of Law:

The system of justice established by Hazrat Omer RA contained all the prerequisites deemed necessary for the establishment of the rule of law. Very pious and honest people were appointed as Qazis (Judges). All the members of the state machinery, right from the head of the state to the commonest of the citizens, had equal status in the eyes of the law.

Once Hazrat Omer Ra himself had to appear in the court of Hazrat Zaid Bin Sabit RA as plaintiff, the Qazi gave him honour due to his esteemed position and personality. Hazrat Omer admonished him by saying, “this is the first injustice you have done” and took a seat by the side of the defendant. He observed that the Qazi was reluctant in taking oath from him, he said, “You do not qualify for the seat of Justice unless you learn to treat a common man and the head of the state at the equal level.”

7.    Freedom of Expression:

Careless and biased reporters have portrayed Hazrat Omer (RA) as a harsh and aggressive person. No doubt, he was very harsh in the administration of justice and the use of public exchequer. As far as the consultation is concerned, nobody after the Prophet S.A.W was as keen and considerate in this matter as Hazrat Omer (RA) was. When a person raised objections, regarding the length of his shirt in an open public meeting, somebody tried to silent the objective, Hazrat Omer (RA) said, “let him speak, if people do not criticize us they are of no use, if we do not listen to them we are of no use”.

8.    Democracy:

The Prophet S.A.W established a democratic state in the city-state of Madina. Hazrat Omer’s RA Caliphate, which touched some of the remote parts of the globe, was based on the same democratic principles.

This state was to serve as a role model of democracy for the rest of the world. French philosopher Rousseau’s treatise, “The Social Contract” is considered the pioneering work from which the western world took its first lessons of democracy. Rousseau opens his book with a statement, which sounds to be a direct replica of Hazrat Omer’s RA sentence, which he wrote in a letter to one of his government, “Mothers give birth to freemen, how dare you make them slaves’ ‘. In his book, he clearly admitted that Prophet Muhammad S.A.W and his companion were the first torchbearers of democracy in the world. India’s great leader Mahatma Gandhi used to say that the establishment of Ram Rajya (rule of God) was his cherished dream. He further said that Ram Rajjiya would be modeled exactly on the pattern set by Hazrat Omer RA and Hazrat Abu Bakar RA.

9.    Rights of minorities:

Hazrat Omer’s treatment of the non-Muslim citizens was exemplary. Muslims wanted to put up a mosque in Syria when a suitable place was located and the plan chalked out, it was found that the plan would not be executed unless a private house, built on the proposed site were demolished. A Christian owned this house. He was asked to sell it, but he did not agree. The Muslims demolished the house by force and made it part of the mosque. When the news of this incident reached Hazrat Omer RA he ordered that the part of mosque put upon the Christian’s house be demolished immediately and the house restored and given to its owner.

10.    Discipline:

Hazrat Omer RA for the first time established such a perfect system of government that would serve as a role model for times to come. History of many of the successful systems and practices applied in the modern states dates back to Hazrat Omer’s Caliphate, he was the pioneer and innovator of the systems like:

  • Population census
  • Division of the country into provinces and administrative divisions
  • Appointment of Governors, functionaries, and their accountability to the head of the state
  • Posting of the Tax Collectors (Sahib-ul-Kharaj) in each province
  • Appointment of the Police Chief (Sahib-ul-Ahdath)
  • Appointment of the secretary (Katib)
  • Appointment of the Finance Minister (Sahib-e-Bait-ul-Maal)
  • Appointment of Justices (Qaziz) in all the provinces
  • Establishment of a Divan (Secretariat) to maintain the account of the salaries and financial assistance paid to the soldiers and the families of the Mujahidin.
  • Establishment of a standing Army and a system of assigning ranks to army personnel
  • Putting up a number of military cantonments on a permanent basis, each of these cantonments was called ‘Jund’. More famous among these were Fistaat, Basrah, Koofah, Dimashq (Damascus) Mosal, Hamas, Urdun (Jordan), Philistine (Palestine) and Madina. Hazrat Omer RA was the first ruler who established separate departments for rendering authentic opinions in the light of Islamic Shari’ah (Ifta), and implementation of penalties on criminals (Hudood and Taziraat). He also established post and income tax departments. Put up mosques at public places and built new roads.

Conclusion:

Good governance is neither dependent on democracy nor infrastructure of institutions. Rather, the primary determinant of good governance is the leader who is responsible for establishing all the necessary systems of a Muslim state. Omer RA was one of the most powerful and influential Muslim caliphs in history and he created the best example of a Muslim state and a Muslim Leader. The Muslims should follow the system of Hazrat Omer’s (RA) Government to achieve great success in the world.

9) How did Hazrat Omar (RA) assure the supremacy of law and accountability of the government functionaries?

Answer:

Supremacy of law and accountability of the government functionaries of Hazrat Omer RA.

Under the reign of Omer (RA) Islam became a world power and the mighty empires of Persia and Roman crumbled before the arm of Islam. Within ten years of his glorious rule, most of the big Empires came under the banner of Islam and the nations entered in the fold of Islam. He was not only a conqueror but also an exemplary administrator who originated an efficient system of administration, and thus he was the real founder of the political system of Islam. He enforced Divine Law (Shari’ah) as the code of a newly formed International Islamic State.

Supremacy of Law:

Hazrat Omar was the justest ruler in the Islamic History. The system of justice established by Hazrat Omer RA contained all the pre-requisites for the establishment of the rule of law. He appointed pious and honest people as Qazis (Judges). All the members of the state machinery, right from the head of the state to the commonest of the citizens, had equal status in the eyes of the law.

Once Hazrat Omer (RA) himself had to appear in the court of Hazrat Zaid Bin Sabit RA as plaintiff, the Qazi gave him honour due to his esteemed position. Hazrat Omer admonished him by saying, “this is the first injustice you have done” and took a seat by the side of the defendant. He observed that the Qazi was reluctant in taking oath from him, he said, “You do not qualify for the seat of Justice unless you learn to treat a common man and the head of the state at the equal level.”

Vigilance and Accountability:

Hazrat Omer RA was a great Caliph and he was all time ready and willing to answer any question that anybody would raise about his state matters, public decisions or personal life. He inferred a principle from the tradition of prophet S.A.W that if the Ameer of the Muslims or any member of his household commits a crime, he or she would be given double punishment. He observed this principle strictly throughout his life and inflicted double punishment for drinking wine on his own son. He was extremely vigilant and harsh about the governors he appointed. Every important office holder in the state had to submit a list of his property, at the time of his appointment. The Caliph got it signed by four witnesses and preserved it for the record. The common citizens were free to make complaints against the highest of the government functionaries. If the charges were proved, the functionaries were given exemplary punishment and even removed from office in case of serious charges.

Conclusion:

Islam is a religion, which guides us in all aspects of human life. Islamic system originates mainly from the Holy Quran and Sunnah and the Muslim’s progress is forever dependent on its application. The system of the supremacy of law and accountability presented by Hazrat Omer RA proved a great establishment of justice and equality in a Muslim state.

10)   What are the obstacles interposed in the way of good governance and how can these be overcome?

Answer:

The concept of “Good Governance” can be defined as the manner in which power is exercised in the management of a country’s economic and social resources for development. It relates to the quality of the relationship between government and the citizens whom it exists to serve and protect. However, if the relationship between citizens and the government could not be maintained, it resulted in bad governance, which is regarded as one of the root causes of all evils within our societies. It is coordinated by aggression i.e. violence, deception, cheating against the wills of citizens who are not using deceitful methods to benefit their interests etc. It is also characterized by the absence of strong opposition and pressure groups. 

Obstacles and in the way of Good Governance:

The major obstacles interposed in the way of establishing good governance are:

1.     Bad Citizenship:

Good governance is directly related to good citizenship. It is generally regarded that bad citizens do not take their civic duty. This means that whenever the government formulates policies, citizens do not participate in matters of state. They do not vote seriously and do not respect the basic rights and beliefs of other citizens.

2.    Illiteracy and ignorance:

There is no short cut remedy to the vices of a bad political culture. The problem of good governance is very complex and complicated. It is the root of a multitude of problems. Ignorance is the mother of all evils. It cannot be gotten rid of unless education is made universal. A poor society cannot afford to educate its citizens due to the lack of resources.

3.   Poverty:

The most troublesome facet of the poverty condition is due to the growing economic disparities in the country. Poverty in itself is such a great curse, which gives birth to a multitude of vices, i.e. greed, indolence, corruption, and social integration. Poor people fall easy prey to petty temptations offered to them by the self-serving politicians.

4.   The culture based on War and Terrorism:

War has become an extremely expensive enterprise after the development of technology. Even the richest nations of the world cannot venture to remain in a state of war for long. German dictator Adolph Hitler is known to be the most callous and ruthless of the world’s dictators. He idealized war as the noblest of human pursuits, he said that one who does not want to wage war must perish, and the nobility of a person according to him, could be judged only by the intensity of his love for war. It was due to this philosophy that the fire lit by Hitler’s militancy set an extensive part of World War II. Vanquished and spent out, because of his insane proclamations, Hitler had to admit at last; “in modern warfare, there are no conquerors, there are only the perished and the survivors.”

5.  Oppressive Political System:

The oppressive political system is a big problem in the way of good governance. The political leaders have no interest in the welfare of the population. In most of the developing countries, rich industrialists join politics to safeguard their industries. The feudalist involved in politics for the sake of status and power.

6. Social System based on Corruption and dishonest practices:

Corruption and dishonest practices in a social system are one of the major issues in the way of good governance because discipline is almost negligent and regulations are not evenly imposed in the society.

Removal of hurdles in the way of good governance:

Good governance has a significant impact on the economic development of a country. Therefore, some of the solutions for removing the obstacles in the way of good governance are:

1.    Participation of Citizens:

The participation of citizens in the matter of policies, elections, and other democratic processes can help the state in the selection of a good leader who will work for the betterment of the people.

2.    Promotion of Education:

The government should work for the promotion of education and persuasion to remove the hurdle of illiteracy and ignorance.

3.    Role of Civil Society:

Citizens face potential corruption, practically at every level and every sector of life. Government alone cannot succeed in combating corruption without the active participation of civil society and citizen action groups. Civil society should serve its role as observer, critic, analyst, campaigner, or protestor.

4.     Awareness of the effects of bad governance:

The social organizations can make coordinated efforts to spread the message that corrupt governance at every level affects the economic development, impairs equitable distribution of wealth, destroys social justice, and degrades the moral of the society.

5.     Role of Institutions:

For good governance, existing institutions need to be renovated, overhauled, and strengthened by laws, guidance, and regulations. New regulatory institutions should be established to address gaps in monitoring governance.

6.  Enforcement of Law:

Good government should enforce the rule of law, which requires a fair legal framework that is enforced impartially. This indicates that no one is above the law; everyone has to abide by the law.

Conclusion:

The system of governance affects the performance of the state in executing its core functions and the performance of countries in meeting the major economic and social goals. Law and order, economy, political stability, and accountability are the key concepts of good governance. Therefore, it is needed for good governance to review and revise the policies to earn effective and efficient governance practices.

11)   What is the composition of the Union Council and functions it is required to perform under the new system of District Government?

Answer:

Union Council:

Union Council is one of the important electoral structures of the devolution plan, which was introduced by Pervez Musharraf. At the lower tier, unions are organized in rural as well as urban areas across the whole district.

Composition under new District Government:

Union council in Pakistan is an elected local government body consisting of 21 councilors and headed by a Nazim and a Naib Nazim. Union Council will be elected directly, for the tenure of four years, on one-man one vote basis. Union Councils shall be so demarcated as to have approximately equal population. Each Union Council shall have twenty-one members elected based on the following seat allocation break up:

CategoryNo. of Seats
                1.  Nazim                2.  Naib Nazim                3.  Muslim (Male)                4.  Muslim (Female)                5.  Workers/ Peasants (Male)                6.  Worker/ Peasants (Female)                7.  Minorities                Total118442121

If the population of the minority community in a Union Council exceeds 10 % of the total population, the provincial government shall affect a revised seat allocation.

Functions Of Union Council:

The Union Council shall perform the following functions:

  1. To undertake development projects at the local level, by working in collaboration with village councils in rural areas, and the Citizens community Board in both urban and rural areas.
    To levy taxes in order to raise funds.
  2. To prepare annual development plans to be carried out in its jurisdiction.
  3. To act as a conciliatory body to resolve civil, criminal and family disputes.
  4. To facilitate the formation of co-operatives for improving economic returns and a reduction of interstitial poverty
  5. To adopt appropriate measures and provide support to the City District Government for the achievement of socio-economic development and improvement of services

Conclusion:

The Union Council plays a central role in the local government system. In order to address people’s problems and demands effectively, Nazim must establish a participatory management system for needs identification, planning, and monitoring procedures. Therefore, the People of an area should be encouraged to interact with the union council and should be informed about decisions regarding the union.

12) What is the composition of Tehsil administration; also give an account of its powers and functions.

Answer:

Tehsil Administration:

Tehsil Administration is one of the tiers of Local Government Plan. It was formed with respect to the constant growth in the population’s needs for establishing cities or towns at grass root level in an environment that has all the basic and important requisites to serve society. Many of the functions previously performed by the local offices of provincial government departments now fall within the domain of the new system of tehsil/town municipal administrations.

The Tehsil government includes the Tehsil Nazim, Tehsil Naib Nazim, Tehsil Assembly, and the Tehsil Administration. A Tehsil Municipal officer (TMO) shall act as coordinator for the Tehsil administration. Four Tehsil Officers (TOs) shall report and assist the TMO on subjects of finance, budget, municipal standards, land use, control, and rural-urban planning.

Functions:

The Tehsil Nazim should be the head of Tehsil Municipal Administration and shall perform such functions and exercise such powers, which have been assigned to him under the Ordinance and rules. The Tehsil Municipal Administration is entrusted with the functions of administration, finances, and management of the offices of Local Government and Rural Development, and numerous other subjects at the regional, Divisional, District, Tehsil, and lower levels. Tehsil Council shall perform the following functions, i.e.:

  1. The responsibility of coordination of all policy matters
  2. Provision of municipal services within the Tehsil area.
  3. Coordination between and the monitoring of the district government officials.
  4. Development through land control and master planning in all towns and villages of the Tehsil.
  5.  Reversing the process of serialization of the urban areas and urbanization of the rural areas.
  6. If a Tehsil area becomes urbanized it shall be raised to the status of a ‘City District’. The ‘City District’ shall be divided into a number of towns based on population.

Conclusion: 

The Tehsil Municipal Administration is exclusively responsible for zonal planning, municipal services, and maintenance of the Tehsil. The Local government should be considered new improved techniques to make the services more applicable with effectiveness guaranteed.

13)  What do you know about the City District Police and District Judicial system?

Answer:

City District:

The City District Government intends to provide empowerment to politics by improving governance and decentralization of Administrative Authority. Therefore, different departments have been established for working under one platform. If a Tehsil area becomes unable to perform its functions smoothly due to its urbanization, it shall be raised to the status of a City district. The City district shall be divided into a number of towns. The division will be made on the population basis. The newly formed towns of the City District shall have the powers and authority to perform municipal functions and provide civic facilities to the residents of the area.

City District Police:

According to the new concept of devolution plan, law and order is the responsibility of the provincial government. One important feature of the new legal framework for police is the ability to establish an institutional link between the District Police and District Government. Under the Police Order, the DPO is responsible to Zila Nazim for his performance, although administration of police remains with the DPO.

In order to make the police answerable to the public, a new system of accountability has been introduced at district and city district levels. From the citizens’ point of view, the most important feature of the new legal framework is its ability to institutionalize citizen participation and oversight in the police functions. A number of new institutions have been envisaged, which bring the public closer to the police to take maximum benefits from its services.

District Judicial System:

District courts exist in every district of each province and have civil and criminal jurisdiction. The Devolution Plan 2000 speaks about new judicial principles i.e.

  1. Quick and effective dispensation of justice
  2. Provision of justice at the doorstep
  3. Pre-emption of litigation
  4. Decentralization of judiciary
  5. Horizontal expansion of judiciary by establishing new small cause courts at the Tehsil level.
  6. Establishment of special courts for women

14)   Write an essay on the “Islamic Concept of Good Governance”.  

Answer:

Islamic Concept of Good Governance:

Islamic pattern of state demands that the relationship between the individual and the state be organized in a pattern that should neither cause stress and oppression for the individual nor allow the government to exert its authority autocratically. Islam wants to create a political culture based on a complete balance between the objectives of the state and aspirations of the citizens. These Islamic principles can be upheld by observing certain principles.

Principles of Islamic State:

The Islamic conduct of the state is based on the following guiding principles:

1. Selection of the Head of the State:

People should be allowed to exercise their free will in the selection of the head of the state. He should be a person distinguished due to his outstanding merits of knowledge and God-fearing (Taqwa). Quran says:

“… verily most honoured of you in the sight of Allah is (he who is) the most righteous of you…”

2. Equality before Law:

All the institutions of the state should be run strictly according to law. All citizens should be equal before the law.

3. Equality:

No discrimination among citizens should be made on the basis of colour, race, place of domicile, language, creed or gender.

4. Protection of citizen’s Rights:

The basic social, political, and religious rights of the citizens should be protected. All the citizens should enjoy equal freedom.

5.  Prohibition of Usury:

Usury (Riba) should be strictly prohibited and accumulation of wealth discouraged.

6. Organization of Islamic practices:

It should be the duty of the state to collect Usher, Zakat, Khums, and Sadqaat from the wealthy and spend it for the uplift of the poor and the destitute.

7.  Basic Human Needs:

The state should take the responsibility of providing all the citizens with the basic human needs. These basic needs include food, shelter, dress, old age pension, and health facilities.

8.  Justice:

An Islamic state should administer justice without discrimination. Allah has ordered his Prophet SAW and all the Muslims to do justice in every situation. Quran says:

“… and let not the hatred of others make you swerve to wrong and depart from justice, be just; that is next to pity, and fear Allah…”

9.  Enforcement of Hudood Ordinance:

An Islamic state should enforce those punishments which have especially been mentioned in the Holy Quran and which are termed as “Hadd” i.e. the moral vices like lying, breaking of the promise and covenant, backbiting and untrue allegation, and miserliness greed and avarice, taking bribe, robbery, falling short the balance and measurements, drinking, gambling, arrogance, and hypocrisy etc.

10. Promotion of Education and persuasion Method:

The state should work for the promotion of virtue by applying the methods of education and persuasion. Widows, orphans, and the destitute should be given help from the Bait-ul-Maal. An Islamic state should try to inculcate in its citizens the qualities of chastity, self -respect, piety, love of humanity, tolerance and forgiveness, fair dealing, humanity, kindness, and consideration of the fellow beings.

11. Free and Compulsory Education:

It is the duty of an Islamic state to provide free and compulsory education for all citizens. The education scheme should include not only basic literacy but also higher Islamic learning, linguistics as well as the physical and social sciences on the highest possible level.

12. Minorities Rights:

It is the duty of an Islamic state to establish peace and punish the criminals. In an Islamic state Muslim and Non-Muslim, citizens have equal social rights. The non-Muslim citizens, rather excel in certain matters e.g., they are exempt from compulsory military services. The non-Muslim citizens should be given complete freedom for the preservation of their culture, language, personal law, places of worship, and religious institutions. No person should be forced to pay a tax for the maintenance and support of the religious institutions or the preaching of religion.

13. Moral and Spiritual Uplift of the Citizens:

An Islamic state is established not merely for the maintenance of peace. It has higher objectives to achieve and it has to work for the moral and spiritual uplift of its citizens. It prepares them for a successful life in their world and deliverance in the Hereafter. The Holy Quran enlists the paramount objectives of an Islamic state in the following words:

“… (they are) those who if we establish them in the land, establish regular prayer, and give regular charity, enjoin the right and forbid wrong; with Allah rests the end (and decision) of (all) affairs.”

Conclusion:

Islam is not only a religion but it is a complete code of life. It is a perfect religion to follow and to implement good governance. In fact, the model of good governance offered by Islam is unmatched in all respects and the policies pursued by Prophet Muhammad SAW and his followers especially the first four caliphs (R.A.) offer great insight for the modern world as well. Thus, Islam encourages the formation of a just society based on the principles of equality, justice, rational thinking, tolerance, and equity, which presented a model of good governance. 


What are the 5 provinces of Pakistan?

The motherland consists of four regions and one federal territory: Balochistan, Punjab, Sindh, Khyber Pakhtunkhwa, and the Federally Issued Tribal Areas of Islamabad Capital Territory.


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