| 32 |
Can members of the legislature be held accountable for their actions? |
| |
| |
32a:
In law, the judiciary can review laws passed by the legislature.
|
| |
| Score: |
YES |
NO |
 |
|
| |
Comments:
References: Constitution of Pakistan 1973, articles 184(3), 199
|
| |
32b:
In practice, when necessary, the judiciary reviews laws passed by the legislature.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Interview with Moazzam Butt, advocate
Amin Khan, advocate, Peshawar
|
| |
32c:
In law, are members of the national legislature subject to criminal proceedings?
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Based on the nature of the crime, criminal laws are equally applicable to members of the national legislature.
References: Criminal Procedure Code
Pakistan Penal Code
|
| 33 |
Are there regulations governing conflicts of interest by members of the national legislature? |
| |
| |
33a:
In law, members of the national legislature are required to file an asset disclosure form.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Representation of People Act 1976
Conduct of General Elections Order 2002
|
| |
33b:
In law, there are restrictions for national legislators entering the private sector after leaving the government.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Interview with Moazzam Butt, advocate
|
| |
33c:
In law, there are regulations governing gifts and hospitality offered to members of the national legislature.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Gifts received by members of the national or provincial legislature are deposited in the Toshakhana. Responsibility of reporting the receipt of gifts from foreign dignitaries or delegations including the names of the recipients lies with the chief of protocol or ambassador in the concerned foreign country. For foreign delegations with whom the chief of protocol is not associated, the ministry sponsoring the visit is responsible for supplying the details of gifts and the list of recipients.
References: N/A
|
| |
33d:
In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Rules of National Assembly
Election laws of the Representation of People Act 1976
Conduct of General Elections Order 2002
|
| |
33e:
In practice, the regulations restricting post-government private sector employment for national legislators are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: There are no regulations governing post-government-service private-sector employment of national legislators. In practice, members of parliament run private businesses and companies even when they are sitting members of parliament. Former Prime Minster Shaukat Aziz is a case in point: He left the country to take up his job in an international bank.
References: Interview with Moazzam Butt, advocate
Interview with Amin Khan, advocate, High Court, Peshawar
|
| |
33f:
In practice, the regulations governing gifts and hospitality offered to national legislators are effective.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Moazzam Butt, advocate, Peshawar
Amin Khan, advocate, Peshawar
|
| |
33g:
In practice, national legislative branch asset disclosures are audited.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Asset disclosures by members of the legislative branch are audited, but audits are limited or do not follow auditing standards, or there are exceptions. The audits are never made public. In practice, assets are not declared.
References: Moazzam Butt, advocate, Peshawar
Amin Khan, advocate, Peshawar
|
| 34 |
Can citizens access the asset disclosure records of members of the national legislature? |
| |
| |
34a:
In law, citizens can access the asset disclosure records of members of the national legislature.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments:
References: Representation of the People Act 1976
Election Commission Order 2002
Interview with Moazzam Butt, advocate
|
| |
34b:
In practice, citizens can access legislative asset disclosure records within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: In 99% of cases, citizens cannot access legislative asset-disclosure records.
References: Interview with Moazzam Butt, advocate
|
| |
34c:
In practice, citizens can access legislative asset disclosure records at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Moazzam Butt, advcoate
|
| 35 |
Can citizens access legislative processes and documents? |
| |
| |
35a:
In law, citizens can access records of legislative processes and documents.
|
| |
| Score: |
YES |
NO |
|
|
| |
Comments: Under the Rules of Business of the National Assembly or rules of provincial assemblies, copies of bills and proceedings are to be distributed among the media for distribution to the public.
References: Moazzam Butt, advocate
Peer Review Comments: Most of them are available on the National Assembly website as well.
|
| |
35b:
In practice, citizens can access records of legislative processes and documents within a reasonable time period.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments: Records of legislative processes can be accessed, but not all citizen can do so. It takes a fair amount of time and money to get to the relevant places to access legislative-process records. Practically, it depends on individuals' connections to the circles keeping those records.
References: Moazzam Butt, advocate
Peer Review Comments: Though computers and media have played a vital role in educating people, they still need more education to enable them to get information through websites.
|
| |
35c:
In practice, citizens can access records of legislative processes and documents at a reasonable cost.
|
| |
| Score: |
100 |
75 |
50 |
25 |
0 |
|
|
| |
Comments:
References: Interview with Moazzam Butt, advocate
|
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