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How Laws Are Made in Pakistan: Articles 75, 76 & 77 Explained

Constitution of Pakistan green book on a wooden desk with a gavel and scales of justice, representing the legislative process and Articles 75, 76, and 77.

The Law Student’s Dilemma: It’s Not Just "Signing a Paper"

I still remember the first time I tried to map out the legislative process for my Constitutional Law exam. In my head, it was simple: The National Assembly passes a bill, the Senate agrees, the President signs it, and voila—we have a law.

But then I opened the Constitution of Pakistan, specifically approaching Article 75, and realized reality is much messier. What if the President doesn't like the bill? What if he just sits on it and does nothing? What happens to a bill if the government suddenly dissolves for early elections? And wait, can the Prime Minister just announce a new tax on TV?

These aren’t just exam questions; they are the mechanics of how our country functions. For any law student—or any citizen trying to understand their rights—Articles 75, 76, and 77 are the engine room of democracy. They define the power struggle between the President and Parliament, the lifespan of a bill, and the safety of your wallet against arbitrary taxes.

Let’s break these down, article by article, stripping away the legalese to see how they actually work in the real world.

Article 75: The Final Hurdle – Presidential Assent

The Context: The President’s Power (or Lack Thereof)

In a parliamentary democracy like Pakistan, the President is the Head of State, but not the Head of Government. However, the Constitution ensures the President isn't just a rubber stamp. Article 75 acts as a check and balance. It gives the President a chance to say, "Hey, Parliament, are you sure about this?" But—and this is crucial—it also puts a strictly timed leash on how long the President can delay a law.

The Text of the Law

1[75. (1) When a Bill is presented to the President for assent, the President shall, within 2[ten] days,–(a) assent to the Bill; or (b) 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.

3[(2) 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.]

(3) When the President has assented 4[or is deemed to have assented] to a Bill, it shall become law and be called an Act of Majlis-e-Shoora (Parliament).

(4) 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.]

Analysis: The "Deemed Assent" and Joint Sittings

This Article has evolved significantly to prevent gridlock. Here is the modern breakdown:

  • The 10-Day Clock: The President only has 10 days to make a decision. This prevents a "pocket veto," where a President essentially kills a bill by ignoring it forever.
  • The Power to Return: The President can send a bill back with suggestions. However, notice the exception in section (1)(b): "other than a Money Bill." The government needs money to function immediately; the President cannot delay the budget.
  • Parliament Strikes Back: If the President returns a bill, it doesn't die. It goes to a Joint Sitting (National Assembly + Senate together). If they pass it again by a simple majority, the President loses the power to say no.
  • Automatic Law: If the President still refuses to sign after the Joint Sitting passes it, the law says: "failing which such assent shall be deemed to have been given." After 10 days, it becomes law whether the President signs it or not.

Practical Example

Imagine Parliament passes a controversial "Social Media Regulation Bill."

  • Day 1: It goes to the President.
  • Day 9: The President thinks it violates free speech and sends it back with a note saying, "Change Section 3."
  • The Response: Parliament calls a Joint Sitting. They debate the note but decide to pass the bill exactly as it was originally.
  • The Result: They send it back to the President. Even if the President hates it, if he doesn't sign it within 10 days, it automatically becomes the "Social Media Regulation Act" on the 11th day.

Article 76: The Lifespan of a Bill

The Context: Does a Bill Die When the Assembly Dissolves?

Legislative terms end, assemblies are dissolved by the Prime Minister, or terms expire naturally. But legislation takes months or years to draft. It would be a massive waste of time and taxpayer money if every single unfinished bill vanished the moment the National Assembly's term ended. Article 76 sets the rules for what stays alive and what "lapses" (dies).

The Text of the Law

76. Bill not to lapse on prorogation, etc. (1) A Bill pending in either House shall not lapse by reason of the prorogation of the House. (2) A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on the dissolution of the National Assembly. (3) A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly is pending in the Senate, shall lapse on the dissolution of the National Assembly.

Analysis: The Stability of the Senate

To understand this, you must remember that the Senate is a permanent body—it never dissolves. The National Assembly (NA), however, has a 5-year term (or less).

  • Prorogation vs. Dissolution: "Prorogation" just means the session has ended for a break. Article 76(1) says bills don't die just because the session ended. They pick up where they left off next session.
  • The Senate Sanctuary: If a bill starts in the Senate and is still hanging out there (and hasn't touched the NA yet), it survives even if the NA dissolves.
  • The Death of NA Bills: Article 76(3) is the killer. If a bill is pending in the NA, or if the NA passed it and sent it to the Senate, but the NA dissolves before it becomes law—the bill dies. The new government has to start from scratch.
  • Breaks don't kill bills: Ending a session (prorogation) is safe.
  • Dissolution kills NA progress: If the National Assembly goes home for elections, any work they hadn't fully finished generally lapses.
  • Senate originals survive: A bill originating in the Senate that hasn't gone to the Assembly yet remains valid.

Article 77: No Taxation Without Representation

The Context: Protecting Your Wallet

This is perhaps the most important article for the common citizen. Governments always need money, and they get it through taxes. But historically, kings and dictators would just seize wealth whenever they wanted. Article 77 is the shield against that. It enshrines the democratic principle that you cannot be charged a single rupee unless the people you elected say so.

The Text of the Law

77. Tax to be levied by law only. No tax shall be levied for the purposes of the Federation except by or under the authority of Act of 1[Majlis-e-Shoora (Parliament)].

Analysis: Executive vs. Legislative Power

This Article is short but powerful. It establishes a monopoly on taxation for the Majlis-e-Shoora (Parliament).

  • "By Law Only": The Executive branch (The Prime Minister, Cabinet, or FBR) cannot just wake up and issue a notification saying, "Everyone pays 1000 rupees extra today."
  • The Process: To levy a tax, the government must introduce a Money Bill (usually the Finance Bill during budget season). It must go through the voting process in the National Assembly.
  • Accountability: Because taxes must be passed by Parliament, the representatives are accountable to the voters. If they vote for an unfair tax, they risk losing their seats in the next election.

Practical Example

Let's say the Ministry of Climate Change wants to discourage plastic bags.

Scenario A: The Minister issues a notification: "Shopkeepers must pay a tax of Rs. 10 per bag." This is Unconstitutional under Article 77 because a Minister cannot levy a tax via notification.

Scenario B: The Government introduces a "Green Pakistan Bill" in Parliament. The bill says, "Section 5: A tax of Rs. 10 is hereby levied on plastic bags." The National Assembly votes and passes it. The President signs it. This is Constitutional. The tax is now "under the authority of an Act of Parliament."

Summary for Students and Citizens

Understanding Articles 75, 76, and 77 helps demystify the news. When you hear about a President "sitting on a summary" or a "mini-budget" being passed, you are seeing these articles in action.

  • Article 75 ensures the President cannot block the will of the people forever (10-day limit).
  • Article 76 ensures that while political cycles change, not all legislative work is lost—but the National Assembly carries the burden of finishing what it starts.
  • Article 77 protects your property rights by ensuring only elected representatives can decide to tax you.

These rules ensure that Pakistan remains a government of laws, not just a government of men.

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