PARLIAMENTARY OVERSIGHT OF THE EXECUTIVE TRAINING MANUAL This manual was made possible with support from the American people through the U.S. Agency for International Development (USAID). The contents of this manual are the sole responsibility of Water, Environment and Sanitation Society and do not necessarily reflect the views of USAID or the United States Government. FOREWARD Legislatures and legislators exemplify the determination of the masses to be ruled under a democratic system. With democracy and the rise of multiparty political systems, these bodies are playing vital roles in government. Legislators or legislature oversight of the executive is although week at provincial level but it is an accepted code of democratic norms. The significance of oversight as a tool in monitoring the executive branch of government is increasingly becoming important for ensuring government transparency and accountability. Oversight in a democratic set up is underpinned by the philosophy of checks and balances through which the elected representatives can keep a watch on what the Executive is doing and discussing in the Parliament and providing the Executive with their feedback. Any country having weak “Parliamentary Oversight” mechanisms may find it difficult to ensure that the rights of its citizen's are fully protected. Sessions Recitation, Registration etc Timing From 09:00 am Activities To 09:15 am Recitation Introduction of participant 09:15 am 09:25 am Participation Norms settings Fears Expectations Introduction of USAID - WESS Project Objectives of Training Session on basic functions of Legislature & Working tea 09:25 am 09:35 am Discussion/charts 09:35 am 09:50 am SPEECH (CVP staff) 09:50 am 10:15 am 10:15 am 12: 30pm Legislative Oversight Mechanisms in the Parliamentary System in Pakistan Lunch Break 01:30 to 02:30 Mechanism of Legislative governance In Parliamentary system Group work on Types, Function, and Power of Committees and role of committees in oversight with budget process and making Certificates 12: 30pm 1.30pm Discussion Group Work (Wall Chart), Presentation and Discussion with Question and answer PPT and Discussion 02:30 pm 3:15 pm Discussion 3:15 pm 4.40pm Group work, Presentation and Question Answer 4.40Pm 5.00pm WESS SESSION: BASIC FUNCTIONS OF LEGISLATURES: Parliament of any country is responsible for making and changing the laws, scrutinizing the function of the executive and ensuring that will of the people is represented in decision-making. The Parliament makes laws to bring about desired social changes in behavior of its citizens. Apart from this Parliament debates, reviews and approves decisions regarding policies drafted by the government and matters of national Interest. Parliament also keeps a check on the government. It ensures that government functions within the parameters set out in the Constitution, and does not violate the people’s fundamental rights. In addition to this Parliament scrutinizes public spending and exercises control of expenditure incurred by the government through the work of the relevant Standing Committees. The Parliament manages and resolves any internal crisis and conflicts and also amend the Constitution. In our country Pakistan it is done by two-thirds majority vote separately in the each House. Almost all the governments find it beneficial to have a good kind of technically characteristic legitimate bodies who should be involved in their lawmaking by discussing and ratifying public policies. In this regard legislatures range from functional to substantial governing partners, they have some same features which specialists use to define them. In this connection it contains a right on legitimacy based on representing the public or publics, some power (official or figurative) over lawmaking, insignificant equality of membership, and processes for policymaking. Oversight refers to the crucial role of the Assemblies to monitor and review the actions of the executive arm of government, both in terms of spending and in execution of laws and policies. The Standing Committees of the Assemblies in Pakistan in fact have a constitutional mandate to oversee their corresponding ministries or departments. A legislative process refers to the role of the Assembly to evaluate, amend, and draft/propose or vote on proposed legislation. To do so, or even to evaluate government legislation properly, requires functioning Standing Committees, access to detailed research, as well as advice from legal drafting experts. The Balochistan Strategic Plan Committee focused on their need to initiate the committee system, strengthen role of legislators through drawing on external expertise, and to develop legislation that truly reflects citizens' aspirations. Such an effort would require strengthening of committee functions and revision of necessary rules and procedures. The Balochistan Assembly Rules of Procedure lack some of the best practices of other Assemblies in Pakistan. For example, the National Assembly calls for selection of Standing Committees within 30 days of a new parliament, which makes it mandatory for committees to function. Also, the Balochistan Assembly Rules of Procedure do not allow for suo moto powers or holding public hearings as is the practice in the rules of the National and NWFP Assemblies, and of the Senate. The Members of the Strategic Planning Committee also want to increase the time of Question Hour in the Balochistan Assembly. Basic Legislative Functions: Since there is significant difference among good legislatures, therefore it would be convenient to say that all functioning legislatures in democratic countries have a greater and more foreseeable part signifying publics, in policy making and constituting laws, and exercising oversight on executive than those of weak democratic cultures and or societies. Enhancing the capacity to perform these functions in less developed legislatures has often been the focus of development assistance. Apart from above, researchers have identified different kind and list of functions executed by at least very few legislatures. Which comprise serving as an electoralcollege to put governments into power in parliamentary systems. Parliaments also use sharing methods recognizing racial/tribal, religious, language, gender, economic and topographical variances for legislative representation as tools for national integration. Additionally, other distinct tasks include; educating and awareness raising of the voters through public displays of struggle; performing roles in executive removal (impeachment, votes of no confidence, censure); serving as a recruiting pools for other government positions; and providing a place where policy ideas might be "incubated". Legislatures Core Functions: Experts of Political science frequently make overviews that unsuccessful assemblies serving as "rubber stamps" in approving decisions are made elsewhere and these are most common type of legislature. However a significant and rising group of legislatures which function as important element of the governing partners because they represent, participate, legislate, shape laws and policies, and exercise oversight function over the executive. The oversight function with effective legislative governance and functions, contributes to good government by increasing its capacity to observe and respond to public opinions and dissatisfactions, by playing a part in passing good legislation proficient of enduring critical oversight, and serving as a vehicle for improving the degree of correctness, participation, efficiency, and responsiveness in the laws. While these functions are important, performing representation, lawmaking, and oversight functions as important elements. Following are core elements of good legislative governance. The core elements of legislative comprise are as under: Representation: This component of the legislative governance where citizen’s demands for action of their representatives in public interest. This is so because legislatures typically operate with greater transparency, or at least with less secrecy, in comparison with either the judicial or executive agencies. They are diverse in their memberships (usually designed to represent a broader range of interests/characteristics/places) from which a first hearing and early support may be gained. Constituents have greater access; they are often more likely to feel that they have a claim on a representative than on other government officials. And legislative proceedings are often organized to maximize public attention to particular controversies and to offer participation opportunities ranging from contacting individual representatives to organized hearings. Not surprisingly, a common legislative role is as an arena for the articulation of societal differences over policy. Lawmaking: Elected representatives are responsible to make and enact laws which truly represent the public, more than expressing citizen preferences; This also involves translating preferences into policy through enacting legislation and laws. The representative and lawmaking functions are not easy process rather they co-exist but necessary relationship. Lawmaking requires reconciling of differences once articulated, as well as pressing the legislature’s claim to power against the executive and other power-holders, such as political parties. In this regard it is necessary that legislative processes should be capable of integration conflicts and bringing to bear enough expertise to be taken seriously by the executive branch and other actors in the system. In most legislative bodies, the workhorses of this portion of the process are committees. Evidences shows that committee role and functions at Balochistan Assembly is very weak, Whereas it is required that committee discussions and actions are important in shaping the conduct of the whole legislature, committee members have powers to specialize and to become both advocates of popular positions and develop transferring skills to shape results. And when a committee system is comprised of specialized bodies, capable of effectively considering legislation in their own areas, the whole legislature develops the capacity to deal with the executive branch across a wide range of topics in sufficient depth to be serious governing partners. Oversight: One of the core element and function of the legislative governance is the oversight function on executive. Oversight occurs after a law is passed and involves watching and monitoring executive activities for quick efficient result, correctness, and faithfulness. While most legislatures have some formal oversight powers, effective oversight is difficult to exercise because it requires information about executive branch activities, the legislative capacity to process that information, legislative will to act, and the power to back up demands for improvement/access/responsiveness. Oversight functions even more than lawmaking puts the legislature into an adversarial relationship with at least some portion of the executive branch. Apart from above the best and handy oversight powers and capacities found in effective legislatures are: a ability to remove executives (through votes of no confidence, impeachment, etc.), the power to get information from the executive (witness and required reports), the operational use of the power of the purse, and a functioning committee system capable of skillfully monitoring and assessing executive branch conduct and work. Successful oversight, in turn, can feed back into better law-making as experience gained in implementing past laws can be incorporated into future laws, and in better symbol when legislators become more skillful at shaping laws. Legislative Oversight Mechanisms in the Parliamentary System Introduction: Democracy is the system of checks and balances among the three pillars of the state i.e. Executive, Legislative, and Judicial. Recently history the media has emerged as a fourth and powerful pillar keeping an attentive eye on the functioning of the representatives of the people as well as the state machinery. Despite various models of democracies and parliaments seen throughout the world, the common thread in all is that the people, through their elected representatives in the Legislature, who control all other pillars. But unfortunately in Pakistan the democracy has been remained in shade of different threats and dominancy of military regime. It is the power of democracy that gave power to legislation and oversight, the Legislature reviews and monitors the working of the Provincial Governments and ensures that policies are made and implemented in the best interest of the citizens. The legislative function at Balochistan Assembly is often seen as secondary to its power to exert vigilant oversight over the Executive. It is through this oversight mechanism that the elected representatives enforce and ensure that their election manifestos and mandates are translated into action by the Government. At Balochistan level the oversight function of legislators over executive is very weak. It is necessary that following below concepts should be understood to through go into oversight function of legislators functions. Presidential vs Parliamentary Models: Democratic system in a country, greatly influences the Legislature's scope and ability to exercise its oversight mechanisms. The system of democracy adopted by a country is a result of various influences including its history and political culture, therefore one system cannot be claimed to be superior to others. Pakistan has faced different kinds of presidential and parliamentary systems. However it will take more time to be a truly democratic country of the world. All systems have positive and negative attributes and it is ultimately the decision of the people of each country as to which System best serves their interests, where the Executive comprises of members of the Legislature.. The legislators then elect a Prime Minister from amongst themselves who then appoints other legislators as ministers. The Executive and majority of the Legislature share one mandate. Pros The Convergence of Executive and majority of Legislature on public policy Executive can translate policy into legislation with ease Especially in developing democracies, the confluence of the Executive and Legislative branches of Government gives the stability needed for democratic institutions and culture to take root. Cons Because the Executive is part of the Legislature, it is also part of the Legislature's oversight mechanisms. Political party discipline often hinders treasury Members of Parliament from critiquing the Government leaving the opposition Members as the only vocal check on the Executive In the Presidential Republic form of government people elect the president (or Executive) independently from the members of the Legislature. The elected President then appoints other members of the Executive at his or her will to serve as Ministers. The Presidential Republic system thus offers a clear distinction between the Executive and Legislative branches of government resulting in check and balance mechanisms different to those found in Parliamentary systems. Pros Complete separation between the Executive and Legislature results in very strong oversight powers of the Legislature Legislature independently controls budget of the Executive Cons Executive can veto laws passed by Legislature Extensive bargaining between the Legislature and Executive often results in diluted legislation and policy Special interest lobbying groups wield extensive influence over individual Legislators Mechanisms for Legislature's oversight in Parliamentary System: Parliamentary debates are the most powerful and productive form of oversight employed. As legislatures, voters expect Legislators to raise issues of public importance in the Houses as well as maintain vigilance over the day to day functioning of the Executive. At Balochistan assembly level mechanisms is available on Rules of Procedure and Conduct of Business, but a lot is required to amend laws for proper implementation on oversight aspects which is very weak (especially the role of standing committees and their oversight functions), which is core components of the legislative governance. Committee System: With the passage of time, the importance of the committee system has increased tremendously. Much of the business presented in Parliament is referred to committees where the bulk of deliberations take place. Detailed consideration and in-depth discussion within the committees ensures that both the legislative business of the Parliament and working of the Ministries are in accordance with the best interests of the public. The powers granted in the recently amended Rules of Procedure and Conduct of Business in the Assembly indicates that committee system is merging as one of the most influential mechanisms of Legislature oversight. At Balochistan level bills are referred to the committee for deliberation and detail consideration and in-depth discussion within the committees ensures that both the legislative business of the Parliament and working of the Ministries are in accordance with the best interests of the public. However there are amendments needed in rule and procedures from legislators to highlight and mainstream the role of committees of Balochistan affectively. The powers granted in the Rules of Procedure and Conduct of Business in the Assembly does not meet the requirement of standardized functions of the committee members’ role. The Strategic plan of Balcohistan Assembly stress that if these committees began to function properly, the Balochistan Assembly could vastly improve its oversight and lawmaking roles. Functions of Committees: Legislative Function of Committees Once a bill is presented in Parliament it is referred to the committee corresponding with the subject of the bill. The bill is scrutinized by the committee to ensure it is in accordance with the constitution and amendments to the bill are proposed. Once the deliberation is complete the bill is referred back to the Assembly with the proposed amendments for a second reading after which it is again sent to the committee. Once the bill is passed in the committee for the second time it is sent back to the Assembly for a final reading and final vote. Matter Referred by the Speaker The speaker may refer any matter raised in the Assembly to the appropriately corresponding committee where the matter is discussed in depth as the committee sees fit. The final report of the committee on the matter is laid in the Assembly. Oversight on Administration and Policy The committees are empowered to examine expenditures, administration, public petitions and policies of its concerned Ministry and associated public bodies. The Ministry is bound to reply to any findings and/or recommendations of the Ministry. Committee Powers: Committees may request members of the media to witness proceedings of their meetings and make it public. The Chairperson of the committees have the power to require the attendance of persons or the production of papers or records if required The Chairperson may invite or summon or allow any person having a special interest in relation to any matter under the committees' consideration and may hear expert evidence and hold public hearing The committees have the powers vested in civil court under the Code of Civil Procedure, for enforcing the attendance of any person and compelling the production of documents. The committees may administer oath or affirmation to a witness examined before them For effective implementation and execution of the powers of the committees of the Balochistan Assembly it is necessary that rules and procedures should be amended for effective role of the committees with respect to oversight and improved legislative governance. Types of Committees: Each Ministry of the Government has a corresponding Standing Committee Public Accounts Committee (PAC): This is one of the most powerful committee in assembly. The PAC examines the accounts showing the appropriation of money granted by the Assembly for the expenditure of the Government and also examines the reports of the Auditor-General of Pakistan. In Balochistan the role of PAC committee is very weak and minimal. It is necessary that rule and procedure be amended for proper and effective functions of the legislators to functionalize the PAC. Committee on Rules of Procedure and Privileges: This committee considers matters related to conduct of business and procedure in the Assembly. Any amendments to the Rules of Procedure and Conduct of Business in the Assembly must be passed in this Committee. The committee also examines questions of privilege raised by Members of the Assembly and determines their validity and recommends remedial action to the Government. Committee on Government Assurances: Again an important committee exerting oversight on the Government. This committee scrutinizes the assurances, promises, commitments, and undertakings of the Government given by the Ministers on the floor of the House. House and Library Committee: This committee supervises the functioning of the facilities related to the Assembly, Parliament Lodges and Library. Business Advisory Committee: This committee is chaired by the Speaker and formed in consultation with the Leader of the Opposition. The Business Advisory Committee usually meets before each sitting of the Assembly and determines the course, scope and content of business in the House. Special Committees: These may be constituted by the Assembly through a motion to carry out functions specified in the motion. Question Hour: The first hour of every sitting of the Assembly, is reserved for “question hour”. This mechanism offers all members the opportunity to ask questions relating to the working and/or policy of any Ministry of the provincial Government and to draw the Executive's attention towards and ensure remedial action on public grievances. The Members must provide their questions to the Assembly Secretariat in writing. At least Fifteen days later the question will be taken up during question hour on a day allocated for specifically for the Ministry to which the question was asked. Members are collectively responsible to ensure all questions taken up during question hour are answered. Types of Questions: Un-starred Questions Only written answers are provided to these questions and laid in the Assembly during session. No supplementary questions are allowed on un-starred questions. Starred Questions Replies to these questions are read out by the concerned Minister during question hour. Members wishing to ask starred questions must place an asterisk next to the question at the time of submission to the Assembly Secretariat. A total of two supplementary questions are allowed for each starred question. Supplementary Questions After the concerned Minister has read the reply to a starred question, any member may ask a supplementary question on the floor of the House. These questions must be related to the subject of the original starred question, and must be responded to by the Minister immediately. This is a powerful oversight tool as it requires the Minister to be thoroughly prepared and ensure his or her Ministry is in full accordance with both the Government's policies and best interests of the public. Calling Attention Notices: During every sitting of the Assembly takes Calling Attention Notices in the house for deliberation. Calling Attention Notices are used to draw a Minister's attention to matters of urgent public importance. After the Calling Attention Notice is read, the Minister must make a statement regarding the Government's policy and action towards the issue or ask for a later hour or date to reply. Each mover of the Calling Attention Notice may then be allowed by the Speaker to ask one question each regarding the matter at hand, to which the Minister must reply. Calling attention Notices can prove to be good oversight tool in Balochsitan Assembly to move the notice regarding any issue raising from any specific department. Adjournment Motions: The normal business of the Assembly may be suspended to take up issues for extensive discussion through Adjournment Motions. After permission of the Speaker, a member may move a motion to adjourn the normal business of the House to debate a specific and recent issue that is of urgent public importance. The majority of the House must first grant leave for the motion to be moved. Once the leave is granted the motion may be moved and the Speaker allocates a time for a discussion of no more than two hours. It is common practice that at the conclusion of debate on an Adjournment Motion a member of the Cabinet makes a speech addressing the points raised during the discussion and highlights the Government's policy and intention towards rectification of the issue. Members of the Balochistan Assembly should take role by incorporating matters of oversight issues, rising from different departments on a specific implementation issues from that department. This could be good oversight tool of the legislators of the Balochistan assembly over the executive. Resolutions: Parliament allows for two general types of resolutions to be moved and discussed in the Houses those resolutions not mentioned in the Constitution of Pakistan and those that are mentioned in the Constitution and vice-versa Resolutions not mentioned in the Constitution These resolutions may be moved by either a Minister or by any other member. The resolution must be on a matter of general public importance and is a mechanism through which the Parliament conveys its opinion, recommendations or messages to the public at large. Resolutions mentioned in the Constitution These resolutions at Balochsitan Assembly could be are one of the most important tools of oversight in the hands of the Legislature as they mostly deal with instating or removing members or appointees of the Executive and with disapproving ordinances passed by the Executive. Challenges of Legislature Oversight and the Way Forward: Notwithstanding the numerous instruments available, the Legislature's oversight on the Executive is not apparent to be as effective as it could be. The fact that Balochsitan political history has not given much room for democratic institutions to take root and flourish is one commonly quoted reason for the minimal oversight exerted by Parliament. Positively, the early discharge of Parliaments from their duties has contributed to the Legislature's reduced capacity to oversee the functioning of the Executive. It is imperative that as we strive to strengthen our democratic institutions, we should not overlook the practices and technicalities that continue to hamper the Legislature's ability to exercise effectual oversight on the Executive. The Parliamentary system practiced in Pakistan, makes the Executive part and parcel of the Legislature thus allowing for Executive influence during any stage of oversight proceedings. Although we cannot change our system of Government, we can explore possible procedural modifications which will establish the Legislature's supremacy over the Executive. Debate in the Houses, the oversight mechanisms of question hour, adjournment motion, resolutions and calling attention notices contribute to oversight functions of the Parliament. By raising issues on the floor of the House the Legislators not only exert their supervision on the Executive, but also gain recognition amongst the voters. Therefore, the aforementioned tools have become the oversight mechanisms of choice for assembly Members of Parliament. Of the various other oversight instruments available to the Legislature, the budget process and committee system need the most immediate and remedial attention. Budget Process: Truly effective oversight is possible only when the Legislature allocates the budget of the Government independent of Executive control. Presently the Balochistan Government pass its budget in Parliament before the 30th of June each year. The budget is usually presented in Parliament in the first week of June and the Members are given only two days to scrutinize the demands for money allocation before the budget debate begins. Once the budget process begins, the Rules of Procedure and Conduct of Business in the Assembly allows for Members to move cut-motions to reduce the amount of any demand for allocation made in the budget. i.e. (a) Disapproval of Policy Cut which proposes any demand to be reduced to Rs 1, (b) Economy Cut proposing the demand to be reduced by a specific amount, and a (c) Token Cut” which demands a reduction of Rs 100 from the demanded amount. The cut-motions are traditionally only moved by Members of the Opposition so as to point out certain grievances towards, and failures of the Government. The cut-motions never get passed. But the practice against this rule of procedure of Balochsitan Assembly is not in practice. Recommendations 1. There may be many practical changes that can be done which will eventually give the Legislature more control over the budget and thus improve its oversight powers over the Executive. 2. The Standing Committees of the Balochistan Assembly have the power to scrutinize the demands for grant the department intends to make in the provincial budget, which is not in practice. It is recommended that the deliberations in each Standing Committee should begin months before the budget is presented in Parliament and allows for the Members to make policy proposals and changes which are reflected in the Department's demand for allocation. 3. Leadership initiates the process on harmonization of Rules of Procedure of Balochistan Assembly. Provincial Minister of Parliamentary Affairs champions changes in the Rules of Procedure that are harmonized with the National Assembly and NWFP Assembly regarding suo moto powers ?(until there is an active Rules Committee). ?Leadership and majority party ensure passage of new rules. Standing Committees exercise powers on oversight and accountability Committee Systems: An operational and independent committee system within Parliament is emerging as a golden standard for any Legislature's oversight capabilities and requires a complete separation between the Executive and Legislature to ensure success. But unfortunately the Balochsitan assembly has not yet taken any advantage from these committees for improved legislative governance. The committee meetings at Balochistan level is partially in practice. In some cases if a committee meeting takes place the Minister acts like a barrier between the Members of Parliament and the functionaries of the State responsible for implementing policies and programs. Because the Minister is a colleague of both the Treasury and Opposition Members, many times the committee is unable to scrutinize and critique the Ministry's work effectively. It is worth mentioning that the role of opposition members in Balochsitan assembly is not up to the mark. It is understandable that after winning a majority of seats in an election, the winning party would want to exert itself as the dominant force in all segments of Parliament; however the benefits of equal representation in committees cannot be overlooked. Recommendations: 1. An amendment in the Rules of Procedure and Conduct of Business in the Balochistan Assembly, can remove barriers in the oversight functions of the members of Balochistan Assembly. 2. Although the rules governing the Assembly do not make specific references to membership aside from the number of members in each committee, it has become Parliamentary practice that the Treasury members outnumber those of the Opposition in each committee. A balanced committee, will be able to make considerations and recommendations that reflect the best interests of the people rather than reflecting the wishes of the Government. Civil society can play a crucial role in lobbying with political parties and influence them to rise above the prevalent Parliamentary practices and ensure balanced bi-partisan membership in the Standing Committees. 3. Committee members should be given suo-moto powers to hold accountable the relevant authorities who are involved on the matters of public interests and or policy making process. 4. The Committee on Government Assurances is a fundamental element of Legislature oversight. The Committee acts as a watchdog over the commitments made by Ministers on the floor of the House and holds the Executive responsible to fulfill the pledges made to the Legislature. Again, because the Committee is dominated by Treasury Members it is not free of the Executive's influence. Thus the meetings of committee members in Balochistan assembly are irregular at best, and don't attentively hold the Executive accountable. The Rules of Procedure and Conduct of Business in the Balochistan Assembly can be amended to ensure that the Committee on Government Assurances meets regularly and periodically submits its reports to the Assembly. Furthermore, if the Chairmanship of the Committee is given to the opposition it will ensure the transparency of the Committee. 4 The Public Accounts Committee is the most powerful of the finance related committees. The PAC scrutinizes the Government's accounts holds the Executive accountable for inefficient expenditure. It is Parliamentary practice throughout the world to give the Chairmanship of this Committee to a member of the opposition to guarantee the Committee's independence and transparency. This has not yet started in Balochsitan, neither the political parties have inferred their intentions to implement this Parliamentary practice. Conclusion: Strengthened democratic institutions are dependent on transparent and efficient pillars of the state and the effective mechanism of checks and balances between them. In many nascent democracies the qualification for democratic rule ends with a fair, free and transparent election. Little or no attention is paid to the functioning of the Legislature in its oversight capacity between elections, thus leaving the electorate despondent and eager to pin its hopes on a new set of faces through their votes. It is essential for elected representatives of the people to ensure the expectations of their voters are fulfilled by the Executive by exerting their attentive oversight in the Parliament.
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