We have studied in the beginning of this chapter that the government of the Islamic Republic of Pakistan is comprised of one federal and four provincial governments, all the provincial governments have identical governmental structures and institutions, but due to variation of the size of the provinces, numerical strength of the Assemblies and the number of judges in the provincial High Courts differs from each other. We shall discuss these provincial institutions separately.
i. 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 Constitution. From each constituency voters return one member to their respective Provincial Assembly. Elections are held on the principle of universal adult franchise. Head of the provincial executive is called Chief Minister. The Chief Minister is elected by the absolute majority of the members of the Provincial Assembly. For running administration, the Chief Minister appoints members of the provincial cabinet. 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 form office.
ii. Executive (the Chief Minister and the Governor)
Chief Minister is the leader of the Provincial Assembly. The Chief Minister has almost the same position in the province as the Prime Minster has in the federal government. The Chief Minister runs his government with the help of his cabinet.
Constitutional head of each province is called Governor. In each province the governor enjoys the same position as the President enjoys in the centre. All the four provincial governors are appointed by the President. The governors represent the federal government at the provincial level. The President can remove any Governor form his office without assigning reason. A piece of legislation passed by the Provincial Assembly takes the force of law only if it has been countersigned by the Governor of the province. The Governor, however, 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 of time. The respective Provincial Assembly can reject the ordinance or adopt it as a permanent piece of legislation.
iii. Judiciary (the High Courts)
Four High Courts have been established under the Constitution in all the four provinces. The High Courts function 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 also 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.
