Overview of Article 59 of the Constitution of Pakistan
The Constitution of Pakistan, first promulgated in 1973, serves as a cornerstone of Pakistani legal and political framework. Within this document, Article 59 plays an essential role by outlining the structure and functions of Pakistan’s Senate – a fundamental part of Majlis-e-Shoora (Parliament). This Article delineates composition criteria for elections of Senators as well as term limits that shed light on its contribution to democracy in Pakistan. In this blog post we shall delve deeper into Article 59’s importance within Pakistani parliamentary democracy.
Article 59 States
59. The Senate
- The Senate shall consist of 118[ninety-six] 118, of whom-
- fourteen shall be elected by the members of each Provincial Assembly;
- two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;
- four women shall be elected by the members of each Provincial Assembly;
- four technocrats including ulema shall be elected by the members of each Provincial Assembly; and
- four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly:
Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.
- Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.
- The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-
- of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;
- of the members referred to in paragraph (c) of the aforesaid clause,-
- one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and
- one elected on the seat reserved for technocrat shall retire after the first three years and the one elected on the seat reserved for women shall retire after the expiration of the next three years;
- of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;
- of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and
- of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years:
Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire after the first three years. - Notwithstanding the omission of paragraph (b) of clause (1) and the omission of paragraph (b) of clause (3), the existing members of the Senate from the Federally Administered Tribal Areas shall continue till expiry of their respective terms of office and on the expiry of the aforesaid terms this clause shall stand omitted.
- The term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.
Key Points of Article 59 of the Constitution of Pakistan
- Composition of the Senate: Article 59 establishes that the Senate consists of 118 members. These members are allocated as follows:
- Fourteen members are elected by each Provincial Assembly.
- Four members, including two on general seats, one woman, and one technocrat (including an aalim), are elected from the Federal Capital as prescribed by the President’s Order.
- Four women members are elected by each Provincial Assembly.
- Four technocrats, including ulema, are elected by each Provincial Assembly.
- Four non-Muslim members, one from each Province, are elected by each Provincial Assembly. This provision took effect after the Constitution (Eighteenth Amendment) Act, 2010.
- Election Procedure: The election of senators to fill seats allocated to each Province follows a system of proportional representation using the single transferable vote method. This method ensures fair representation and diversity in the Senate.
- Terms of Senate Membership: Unlike its counterpart, the National Assembly, the Senate is an inviolate body which does not face dissolution. Members serve for six-year terms with various groups retiring every three years or six.
- Continued Service by Existing Members: Article 59(3A) stipulates that existing senators from FATA continue serving until their terms end, at which point this clause will no longer apply.
- Casual Vacancies: In case of casual vacancies, an elected individual is appointed to fill them for the remainder of the unfulfilled term of their predecessor member whose position has become vacant.
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Crux of Article 59 of the Constitution of Pakistan
Article 59 serves as the cornerstone of the Senate, guaranteeing its representation, diversity, and stability. It outlines its composition – elected members from Provincial Assemblies and Federal Capital will sit alongside women, technocrats and non-Muslims with reserved seats. A proportional representation system ensures all segments of society can have their voices heard within its ranks.
Staggered retirement of Senate members ensures continuity by ensuring not all retire simultaneously and maintains its role as an effective legislative institution. Furthermore, FATA members remaining on the Senate roster and casual vacancies filled through election provide mechanisms that ensure uninterrupted Senate operations.
Conclusion: Article 59 of the Constitution of Pakistan
Article 59 of Pakistan’s 1973 Constitution is fundamental to its democratic governance. It defines the structure and operation of the Senate, creating an effective and representative legislative body. Furthermore, Pakistan’s Senate plays an essential role in democratic governance by reviewing legislation, scrutinizing government policies and providing a forum for different communities’ voices to be heard.
As Pakistan’s democracy progresses, Article 59 remains a cornerstone, symbolizing its nation’s commitment to democratic principles, representation and peaceful power transitions. Additionally, Article 59 highlights the necessity of an inclusive legislative body capable of shaping future outcomes – this makes the Senate established by Article 59 a vital component in Pakistani parliamentary democracy.
