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Overview of Article 75 of the Constitution of Pakistan
Embedded within the constitutional fabric of Pakistan is Article 75, a keystone outlining the intricate dance between the legislative and executive branches. This article elucidates the process by which Bills transform into law, emphasizing the role of the President in granting assent. A closer examination of Article 75 unravels the delicate balance between parliamentary authority and executive oversight, enshrined in the 1973 Constitution of Pakistan.
Article 75 States
75. President’s assent to Bills
- When a Bill is presented to the President for assent, the President shall, within 183[ten] 183 days,-
- assent to the Bill; or
- in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.
- When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting; it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.
- When the President has assented 189[or is deemed to have assented] 189 to a Bill, it shall become law and be called an Act of Majlis-e-Shoora (Parliament).
- No act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.
Key Points of Article 75 of the Constitution of Pakistan
- Assent Procedure: Upon receiving a Bill, the President is mandated to respond within ten days. The President has two options: assent to the Bill or, in the case of non-Money Bills, return it to the Majlis-e-Shoora (Parliament) with specific recommendations for reconsideration.
- Reconsideration by Majlis-e-Shoora: If the President opts for reconsideration, the Majlis-e-Shoora (Parliament) engages in a joint sitting to reevaluate the Bill. A majority vote is required for the Bill to be passed again, with or without amendments.
- Deemed Passage: Successful reconsideration results in the Bill being deemed passed by both Houses, prompting presentation to the President once more. The President must provide assent within ten days, or it is automatically deemed to have been given.
- Becoming Law: Upon presidential assent or deemed assent, the Bill officially transforms into law. It is conferred the title of an “Act of Majlis-e-Shoora (Parliament).”
- Validity of Acts: Article 75 reinforces that no legislative act or provision within an Act is invalidated if constitutional recommendations or consent procedures were not followed, as long as the Act receives assent in line with constitutional requirements.
Crux of Article 75 of the Constitution of Pakistan
The heart of Article 75 lies in its meticulous design to uphold the constitutional integrity of the legislative process. It strikes a nuanced balance between the powers vested in the President and the parliamentary authority, ensuring that Bills undergo thorough scrutiny before ascending to the status of law. The provision reflects the framers’ foresight, embedding a mechanism that prevents hasty or arbitrary legislative decisions.
At its heart, Article 75’s primary function is fostering harmonious relations between the executive and legislative branches. By including the President’s role in the legislative process, Article 75 creates accountability and reflection to prevent hasty decisions that could have far-reaching repercussions for our nation.
Conclusion: Article 75 of the Constitution of Pakistan
In conclusion, Article 75 emerges as a linchpin in the constitutional architecture of Pakistan. It delineates a well-thought-out process for the transformation of Bills into law, ensuring that the President’s assent is a deliberative and considered step. The provision encapsulates the spirit of democratic governance, where checks and balances fortify the foundations of the legislative framework.
As we navigate the intricacies of the 1973 Constitution of Pakistan, Article 75 stands as a testament to the commitment to responsible governance. It exemplifies the delicate equilibrium between the branches of government, underscoring the importance of a systematic and thorough approach to legislation. In the ever-evolving landscape of Pakistani politics, Article 75 remains a guardian, ensuring that the journey from Bill to Law is marked by prudence, accountability, and constitutional compliance.