Showing posts with label Constitutional Law. Show all posts
Showing posts with label Constitutional Law. Show all posts

Powers of the French President

France: Constitution of 5th Republic since 1958

French Parliament:

  • Senate: 348 members indirectly elected from local councillors. Term: 6 years

  • National Assembly: 577 deputies directly elected. Term: 5 years


The President is the head of the state, directly elected with a 5 year term and renewable once. Because of the semi-presidential system, the Presidency of France is a unique, powerful and prestigious position. He is also the Chief in Commander of the French Armed Forces. He is empowered to issue decree, veto bills, pardon the criminals, make foreign treaties, make civil and military appointments and order for the use of nuclear weapons. Moreover, he does not need any other chamber/house’s approval for his decisions. He can submit a referendum. Moreover, the President can dissolve the NA. The Parliament can impeach him.


The Prime Minister is the head of the government, appointed by the President for a period he enjoys the confidence of the NA. He oversees all executive matters with the Council of Ministers.


Cabinet (Council of Ministers): is the body consisting of senior ministers headed by the PM and chaired by the President. Almost all of the decrees ,bills and appointments are approved by the Council of the Ministers.

Federation of Pakistan Vs Maulvi Tameez ud Din Case

    After the demise of the Liaqat Ali Khan, Khawaja Nazim-ud-Din appointed Ghulam Muhammad as Governor General and he himself became the Prime Minister of Pakistan. However, Ghulam Muhammad replaced Khawaja Nazim-ud-Din with Muhammad Ali Bogra. To end the powers of the Governor General regarding the removal of the PM, Muhammad Ali Bogra tried a constitutional amendment. In response to it, Governor General dismissed the Constitutional Assembly (Now NA), dissolved the Cabinet and formed a Council of Ministers.

    The president (Now Speaker) of the Constitutional Assembly, Maulvi Tameez-ud-Din appealed in the Sindh High Court and the court gave verdict in his favour. The Federal Government went to the Federal Court. Federal Court maintained that Sindh High Court has no jurisdiction over this case. Moreover, Federal Court approved the dismissal of the Constitutional Assembly, because the amendment in the Government of India Act, 1935, requires the assent of the Governor General. This verdict set an example of Doctrine of Necessity in the country and validated the future martial laws.

Parliament of Pakistan | Law Making Process

Parliament of Pakistan consists of two houses:
  • National Assembly: has 342 members, with 5 years term and Speaker as the leader of the house.
  • Senate: has 100 members, with 6 years term and Chairman as the leader of the house.
Election of the President: The electoral college comprises the Parliament and the state assemblies.
Election of the Prime Minister: The majority party leader is the PM of Pakistan with the vote of confidence in the National Assembly. Moreover, he could be dismissed with a vote of no confidence.

    According to the Article 50 of the Constitution of the Pakistan, Parliament of Pakistan is comprised of President, Upper House (Senate) and Lower House (National Assembly). Except money bill, any bill or amendment is passed by the consent of both of the houses. A bill presented in either house, seek simple majority from both the houses. In case of amendment 2/3rd majority is required from both of the houses.

    A money bill can only be generated in NA and then goes to senate for approval. If a bill is stuck between both the houses, it is passed through a joint meeting of both the houses. After the approval from both the houses, it moves to the President for approval. If president doesn’t give his assent for 10 days, it becomes law automatically. If president return it for reconsideration, it is sent back to the President after consideration.

    In the same way a bill is passed in the provincial assembly, where the Governor of the concerned province plays the role like that of President.

Fundamental Rights under Constitution of Pakistan 1973

Here are the Fundamental Rights under Constitution of Pakistan 1973:

Laws inconsistent with or in derogation of fundamental rights to be void.
Security of person
Safeguards as to arrest and detention
Right to fair trial
Slavery, forced labour, etc. prohibited
Protection against retrospective punishment
Protection against double punishment and self incrimination
Inviolability of dignity of man, etc
Freedom of movement, etc
Freedom of assembly
Freedom of association
Freedom of trade, business or profession
Freedom of speech, etc
Right to information
Freedom to profess religion and to manage religious institutions
Safeguard against taxation for purposes of any particular religion
Safeguards as to educational institutions in respect of religion, etc
Provision as to property
Protection of property rights
Equality of citizens
Right to education
Non-discrimination in respect of access to public places
Safeguard against discrimination in services
Preservation of language, script and culture

Indian Constitution - Law Making Process

   Republic of India is a Federal Parliamentary Constitutional Republic. Current Constitution of India was ratified by the Constituent Assembly  on 26.09.1949 and enforced on 26.01.1950 which repealed the Government of India Act, 1935. It is impossible for the parliament to override it because it was created by Constitutional Assembly rather than Parliament. It is the most lengthy Constitution in the world. Nehru Report 1928 is a part of the Constitution.
    The President is the head of the state, whereas the PM is the head of the government. Moreover, the judiciary is independent.

Parliament of India consists of two chambers:
Rajya Sabha (Upper House): Term: 6 Years. Seats: 250 (238 elected by state legislatures and 12 nominated by the President).
Lok Sabha (Lower House): Term: 5 Years. Seats: 543 (India is divided into 543 constituencies).
Cabinet (Council of the Ministers) is the main executive body, which is chaired by the Prime Minister and consists of the ministers of the executive bodies.
Election of the President: The electoral college comprises the Parliament and the state assemblies.
Election of the Prime Minister: The President appoints the Prime Minister. The PM is mostly from Lok Sabha or Rajya Sabha. Moreover, he could be chosen from outside the Parliament, but he has to join either of the Houses within six months. However, the PM could be dismissed by the President or through vote of no confidence.

Law Making Process:
A money bill can only be generate in Lok Sabha. It is sent to Rajya Sabha for recommendations only, to which Lok Sabha is not bound. Then President's assent made it an act. Budget is also presented and passed in Lok Sabha.
Any non-money bill can be originated in either house. It has several stages; First Reading, Publication in the Official Gazette, Standing Committee, Second Reading, Third Reading and assent of the President. If either house sends amends the bill and the other doesn't accept this amendment, bill moves between two houses several times. This deadlock sometimes end in a joint session. Moreover, Lok Sabha has an upper hand over Rajya Sabha because of its numbers. Then it becomes act of parliament after President assent. The President can reject bill through Absolute Veto, or keep pending for an unlimited time period, or send back to the Parliament for reconsideration, to which he has to approve.

Impeachment of the President: Both of the houses can impeach President with 2/3rd majority in both of the houses.

Amendment in the Constitution of India:
An amendment bill can be originate in either house of the parliament. After 2/3rd majority in both the house it goes for Presidential assent, to which he cannot veto. Moreover, there is no joint session in case of disagreement between both the houses.

Russian Constitution & Law Making Process

After the end of the monarchy, the Communist Party upheld the reins of Russia. During the USSR, the Communist Party of the Soviet Union (CPSU) was united under the leadership of Viladimir Lenin. Under the Constitution of the USSR, Individual rights and legal laws were subordinate to the mutual interest of the society and to the ideology of Communism respectively. Moreover, CPSU was powerful enough to challenge and influence constitutional-defined state institutes, particularly the Judiciary.

The major reason behind the collapse of the USSR;

  • Centralized

  • Public awareness

  • Role of the Communist Party

  • Socio-economic crisis

  • Cold war - Conflict with Capital Block (united, wealthy and powerful) 


Current Russian Constitution was ratified on 12.12.1993 and enforced on 25.12.1993. The Constitution has incorporated human rights i.e. liberty and freedom, which are universally recognised and endorsed by International law. Moreover, the independent judiciary is the custodian of the Constitution.


Russian parliament consists on two chambers:

  • Upper House (Federation Council): Each provincial assembly sends two senators (170 seats), with a 5 years term. One senator is elected by the provincial assembly and the other nominated by the governor and elected with the approval of the provincial legislature. All matters concerning the provinces are subject to the approval of the Federation Council. The Russian Armed Force has to obtain approval of the Upper House for an outside fight.

  • Lower House (State Duma): Russia is divided into 450 constituencies, each sending one member (deputy) for the House for a 5 year term. It is more powerful than the Upper House. The State Duma is more powerful than the Federation Council.


Law making process: A bill can be initiated by either House, or President, or the states, or the Supreme Court. Then it is reviewed in the State Duma. The State Duma appoints a committee to make necessary changes in the bill and present it in the House. If the House approves it with a majority, it moves to the Upper House, where it seeks acceptance or rejection, because, Upper House can not make changes to the bill. If the Upper House rejects it, the joint chamber meets for reconciliation. If reconciliation fails, the Lower House can pass it with a majority of 2/3rd. At the end, the President gives his assent to make it a law. If the President vetoes it, the Duma can override the veto with 2/3rd majority.

Amendment: Approval of 2/3rd, 3/4th and 2/3rd majority in the Lower House, Upper House and State Legislatures respectively.


The President is elected through direct popular voting for 6 years and renewal once. He is the head of state and Chief-in-Commander of Armed Forces, having authority to settle domestic/foreign affairs and to dissolve the State of Duma. Supreme Court Judges are appointed by the Upper House on the nomination of the President. Thus, the Russian President is the most powerful president in the world.

Impeachment: The President could be impeached with 2/3d majority in both of the Houses.


The Prime Minister is head of the government (executive). He is appointed by the President with the consent of the State Duma, for an unspecified period at the discretion of the President. However, the President can dismiss him.

Cabinet (Government of Russia): The PM along with the deputy PM and the Federal Ministers executes the administrative affairs. The Government of Russia is also responsible for preparing a budget proposal for submission to the State Duma, protection of human rights, implementation of domestic and foreign policy.


Note: The above article is set according to the demand and requirements of the Competitive Examination in Pakistan i.e. CSS & PMS. This topic is most frequent and repeated past papers of the Constitutional Law of the CSS Competitive Exam in Pakistan;

The Constitution of USSR 1936 is characterized by democratic centralism. Critically analyze the relevant provisions of the Constitution paving the way to the said assumption. (2022)

Discuss the mechanism of enforcement of fundamental rights under the Russian Constitution. (2021)

How is Modern Russia and its constitutional structure different from the USSR’ constitutional structure? Draw a comparative analysis with cogent reasons. (2020)

What is the difference between the procedures of constitutional amendment in the Russian as well as American Constitutions? (2019)

Q. No. 7. What are the powers of the Russian President in the light of Article-83 of the Russian Constitution? (2019)

Make a comparative analysis of the salient features of the Constitution of the former Soviet Union and present day Russian Federation. (2018)

‘The Russian Federation is a Federation with a highly centralized administration.’ Discuss. (2017)

Short Note: Enforcement of Human Rights in the Russian Constitution (2016)

In Spite of the fact that the Russian Constitution provides a long list of rights, the Western observers allege that in fact there is little respect for human rights in the USSR. Comment. (2015)

Make a comparative analysis of the salient features of the Constitutions of the former Soviet Union and the present day Russian Federation. (2014)

Discuss the structure of the Supreme Court of the Russian Federation. (2013)

Judicial Activism in Pakistan

Judicial Activism is the ruling by the judges under public interest litigation based on their own views.
In Pakistan, judges took sou-moto from cases ranging from kite-flying to privatization and international treaties/treaties with international companies. Judicial activism is taken under the jurisdiction of Sou Moto. It is beneficial, if taken with good intention but sometimes it proves havoc. Judicial activism does not comply with the basic spirit of democracy - Separation of powers because it does not obey the limits and dominates over other pillars of the government i.e. legislative and executive.

Rule of Law in British Constitution - Entick v Carrington 1765

      Rule of Law is the equality of everyone before law, including legislative, executive and judiciary.

    This term was initially used in UK because of un-written Constitution and got famous through A. V. Dicey's book "Introduction to the Study of the Law of the Constitution."

Principles of the Rule of Law:
  1. Law is sole authority
  2. Equal for everyone
  3. Obedience to the law
  4. Fairness application
  5. Separation of powers
  6. Participation in law making
  7. Certainty of law
  8. Transparency in legal process
    In 1762, King's Chief Messenger (Secretary of State) with his team enter into the home of John Entick by force, damaging locks, doors, charts and pamphlets, causing a damage of about 2000 pound.
    
    Entick sued against the messengers for illegally entering into his house and damage. In reply to the Court, the messenger maintained that he was abiding by the orders of the Secretary of State. Court rejected their claim and said that, the Secretary of State has no right to issue such a warrant.

Article 199 of the Constitution of Pakistan 1973 | Judicial Review (Writ Jurisdiction of Judiciary)

Judicial review is the power of judiciary to review the legality of a law passed by legislative body or an act by executive/administrative body. This power differs from country to country. In UK, judiciary can only interpret the Constitution but cannot invalidate/strike-down a law passed by a parliament, because most of the part of their Constitution is un-written. In Pakistan, India and USA, judiciary can strike-down a legislative law, if it contradicts with the Constitution.
In Pakistan, Supreme Court and Hight Courts can take judicial review under Article 184(3) and 199 of the Constitution 1973, respectively.
Initially it was started in England on the concept of ultra vires, which means that if any exercise by public office holders violates the Constitution, it could be questioned by judiciary. Marbury vs Madison is a famous case, which established the tradition that court can strike down a law contrary to the Constitution.
Pakistan's Constitution is a mix-up of both of the Constitutions of USA and UK. In Pakistan, judicial review powers were incorporated since the Constitution of 1962, under Article 98 and the same was transferred to the Constitution  of 1973, under Article 199.
Article 199 says that if a HC maintains that there is no legal remedy for an aggrieved person/party available in the law, then HC can issue an order under the territorial jurisdiction of court, directing a person to obey law and not to act contradictory to the law. HC can also order to present a person brought before court, if court maintains that the specific person is under custody without legal authority. 
Article 199 empowers HC with certain writs without using their technical name;
Writ of Mandamus: is issued when a public office holder violets the duties, assigned to that post.
Writ of Prohibition: is issued to tribunals/lower-courts to not to interfere in a case having appeal pending at apex court.
Writ of Certiorari: is issued when an inferior court acts without jurisdiction or the party is not given chance of right to hearing. Hence, superior court can seek review of a decision by inferior court.
Writ of Quo Warranto: is issued to review the legal right of a person to hold a public office.
Writ of Habeas Corpus: is issued to a person to prove the legality to keep a person under custody.

18th Amendment to the Constitution of the Pakistan

8th amendment (1985): by President Zia-ul-Haq, which allowed the president to unilaterally dissolve NA (National Assembly). Parliamentary democratic system was replaced by semi-presidential system. Sub-section 2(b) under Article 58 was added to dissolve NA.

13th Amendment (1997): removed Article 58(2)(b) of the Constitution by Nawaz Sharif government.

17th Amendment (2003): President Pervez Musharraf reversed the 13th amendment with some addition like; president can dissolve NA and governor can dissolve provincial assembly but subject to an approval/veto by Supreme Court of Pakistan.

18th Amendment (2010): passed by NA on 08-04-2010, by senate on 15-04-2010 and finally by president Asif Ali Zardari on 19th April 2010.


Constitution of Pakistan after 18th Amendment:

·        17th amendment was reversed, which removed the powers of president to dissolve the parliament.

·        Provinces became more autonomous.

·        NFC (National Finance Award) was restructured.

·        LFO (Legal Framework Order) by president Musharraf was repealed.

·        Name of Zia ul Haq & Pervez Musharraf was removed from the Constitution.

·        Pakistan became parliamentary democratic republic.

·        Name of NWFP was changed to KPK (Khyber Pakhtunkhwa).

·        Ban on 3rd time election of PM and CM was lifted.

·        Suspension of Constitution became a high treason.

·   Council of Common Interests (CCI) established to resolve power-sharing disputes among federal and provinces.

·    A parliamentary commission will appoint the superior judges on the recommendations of the judiciary commission.

·  Appointment of Chief Election Commissioner through consensus between treasury and opposition.

·      Establishment of Islamabad high court and high court benches in Mingora and Turbat.

·      Free compulsory education up to the age 16. (Article 25A)

 

This amendment increased provincial autonomy and devolved power to provincial as well as to local government.

president cannot declare emergency in provinces without consent of provinces.

Supreme Court will adjudicate in case of conflict between federation and provinces.

34% of the constitution was changed by adding 102 articles.

Some of ministries were abolished at federal level and many of them were devolved to provincial level.

Right to a fair trial (Article 10A) and right to information (Article 19A) was added.

Transferred greater administrative and fiscal authority to the provinces, but also gave more powers to parliament. 

7th National Finance Commission (NFC) Award (2010): allocated 82.98% of financial grants to provinces.

Punjab:       ~51.75%

Sindh:         ~24.50%

KPK:          ~14.50%

Baluchistan: ~9.25%

 

Critical Analysis (Causes / Remedies / Advantages & Disadvantages / Pros & Cons):

Two points from 14th points of Jinnah:

·        The form of the future constitution should be federal, with the residuary powers vested in the provinces.

·        All provinces must be given equal Autonomy.

An important point from Pakistan Resolution:

          ·        Pakistan shall be a federation and its constituent units will be autonomous.

After creation of Pakistan, denial of autonomy resulted in the six points demand of Sheikh Mujib and consequently the fall of Dhaka (1971).

Agriculture land tax is under provincial governments. Elite class being the kingmaker influence provincial government and thus a very large agriculture area is exempted from tax net.

Weakened the center and empowered the provinces administratively and financially to such an extent that resulted in bad governance and national financial crisis respectively. It created dictatorship of some political parties in their respective provinces, like PPP in Sindh.

Incumbent government could not dictate provincial government because each province is rules by another political party from opposition.

It secured provincial autonomy but failed to secure local government system.

Provincial governments delay in elections and allocation of resources at local government. If local government is not allowed to work properly, political process will be hijacked by provincial governments and true democratic system at grass-root level will not be exercised.

Provincial autonomy strengthened the state through inter-provincial harmony.

An independent Audit Commission should be made to monitor and improve the allocation of resources by Federal and Provincial.

Local government must be empowered for the exercise of democratic values at grass root level. For this, timely elections as well as allocation of resources at local level is essential.

NFC Award must allocate funds to local government system, if provincial governments hesitate to do so.

Judicial Review in United States of America - Marbury Vs Madison - Critical Analysis

 

Judicial Review in United States of America
(Marbury Vs Madison)

Judicial Review: It is the power of Judiciary to review the legality of a law passed by legislative and action by executive/administration. 

President of U.S

Political Party

Secretary of State

John Adams (1797-1801)

Federalist Party

John Marshall

Thomas Jefferson (1801-1809)

Democratic-Republican Party

James Madison

 

John Adams, just two days before the end of his term, appointed the Federalist-supporters as circuit judges and justice of peace. The next day, these appointments were approved by senate and signed by the President. John Adams asked his secretary of State (also CJ of U.S) John Marshall to dispatch these commissions of appointment. Before the inauguration of the next President of U.S, Thomas Jefferson, some of the commissions were un-delivered. After assuming office, Jefferson believed that un-delivered commissions were void and instructed his secretary of state, James Madison, to withhold the remaining commissions (including of William Marbury’s commission).

          Marbury filed a case against Madison in Supreme Court of U.S to issue a writ of mandamus to deliver his commission. Chief Justice of U.S, John Marshal decided his opinion in answers to three question;

1.     Does Marbury have right to this commission?

2.     If yes, then what is the legal remedy for his?

3.     If yes, does Supreme Court has jurisdiction to issue legal remedy?

          Answering to 1st question, Marshall said that after the appointment orders were completed after the signatures of President, and delivery was just a formality. Hence, Marbury has right to this commission and withholding by Madison was illegal.

          Answering to 2nd question, he said, it is a rule of law that “where there is a legal right, there is a legal remedy.” That’s why it is the right of Marbury that commission should be delivered to him.

          Answering to 3rd question, Marshal said that Supreme Court has no jurisdiction to issue a writ of mandamus for the delivery of commission according to the Section-2, Article-III of U.S Constitution: “Supreme Court has jurisdiction in all cases where ambassadors or public ministers are affected, and in all cases where state shall be a party.”

          Marbury maintained that Supreme Court has power to issue a writ of mandamus according to Section-13, Judiciary Act of 1789: “Supreme Court shall have original jurisdiction to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.”

          Marshall said that Congress cannot increase the jurisdiction of Supreme Court which is written in the constitution. Therefore, Section-13 of Judiciary Act of 1789 violates the Article-III of the Constitution. And, if any law/act or a part/portion of law/act is contradicted to Constitution, it is the duty of judiciary department to strike down it. As a result, Section-13 was removed from the Judiciary Act of 1789.

Analysis/Significance/Impacts:

·        Marbury Vs Madison proved to be a landmark case, which gave judiciary a powerful position like other pillars of state; executive and legislative.

·        Marshall did his best to maintain the position of judiciary un-rival by maintaining a middle position. He gave favor Marbury in first two opinions but, to the government in 3rd opinion.

·        If Court issue a writ of mandamus, it was obvious that Jefferson would refuse to obey it.

·        Court proved it to be a powerful state organ, by declaring illegal the act of withholding commission.

·        Court set an example that, judiciary is the only organ that has power to interpret the Constitution and has power to declare a legislation constitutional or un-constitutional.

It has been written on the wall of the SC of U.S; IT IS EMPHATICALLY THE PROVINCE AND DUTY OF JUDICIAL DEPARTMENT TO SAY WHAT THE LAW IS.”

Budget making process in Pakistan | Types

In Pakistan, the fiscal year is from 1st July to 30th June.

The National Assembly and Provincial Assemblies approve national and provincial budgets respectively.

Budget making process:

  1. The Ministry of Finance sends Budget Call Circulars to the ministries. (in October)

  2. All the ministries prepare and scrutinize their budget proposals. (Nov-March)

  3. The Standing Committees send recommendations to the Ministries. (by 31th March)

  4. Ministry of Planning and Reform approves Development Budget (April-May)

  5. Cabinet approves Budget (May)

  6. Budget is presented in the National Assembly/copy is sent to the Senate for Recommendations. (in early June)

  7. President approves Budget (before 1st July)

The Budget is divided into two sections:

  1. Recurring/Revenue/Current/Non-development Budget: This includes all expenditures related to the administration, foreign debt, national defense, etc. If revenue receipts are more than current expenditure, the surplus amount goes to the Capital Budget to meet the developmental expenditures. In other cases, the government has to borrow to meet the deficit.

  2. Development Budget/Capital Expenditure: Development budget is used to enlarge material assets of the state i.e. to enlarge/improve the physical resources, improve education and skills of people, development programs, etc. Development expenditure is also called capital expenditure, which is met from surplus revenue and reserve funds. Development expenditure is allocated in the budget and is prepared by the Planning & Reform Commission with consultation with the Finance Ministry and provincial governments.

Every year, in October, the Budget Wing of the Ministry of Finance issues a Budget Call Circular to all the federal ministries/agencies to prepare and submit next fiscal year’s budget estimates. Giving proper attention to the past and current expenditures, budget estimates are prepared by the ministries in advance, and the Budget Orders are sent to the concerned accounts offices. The Auditor General of Pakistan sends copies of the approved budget orders to the Budget Wing of the Ministry of Finance.

The Budget Wing also issues an Office Memorandum in October to all the ministries to submit their development expenditures to the Ministry of Planning. Moreover, defense budget estimates are submitted to the secretary of the Ministry of Defense. The remaining process is the same.

Country’s resources are estimated for the coming fiscal year. Moreover, available resources and additional taxes are also included in the available revenue.

After complete scrutiny by the Ministry of Finance, this financial bill seeks Cabinet approval. Then it goes to the NA and at the same time a copy of the bill is sent to the Senate for her recommendations, to which NA is not bound. At the end it gets presidential assent before 1st of July. After approval, the Finance Minister reads the Budget in the National Assembly.

Weakness in Budget system in Pakistan:

  • Short discussion time (Average 10-12 working days). Whereas, in India discussion time is 75 days.

  • Limited role of the Standing Committees.

  • Supplementary or Excess Budget (Executive control over budget making and approval).

  • Non-interference of state-holders and civil society.

  • No questionnaire over budget performance in the NA.

Performance-based Budget: In this type, resources are allocated to achieve a certain result. Funds allocation is based on expected results rather than past estimates and political priorities. Free primary education, tree plantation, etc. like projects are funded on the basis of performance. The idea of performance budget lies beneath the word ‘result’, because performance budget prioritizes results/outcomes rather than resource allocation. Moreover, we can not say that it is cost-effective.

According to Segal and Summers, it has three elements:

  1. Ultimate outcome of a particular performance

  2. Different strategies to achieve a result

  3. Activities performed to achieve a certain result

Advantages:

  • Better Cost Estimates

  • Finds Areas for Improvement

  • Clear Purpose

  • Improvement in Performance

Disadvantages:

  • Subjective

  • Strong system of Evaluation

  • Easy to Manipulate

  • Difficult for long-term

  • Costly

Zero-based Budget: In this type, all expenses are justified and approved for a new period according to the current needs rather than previous records & previous budget. Zero based budgeting is a different approach rather than traditional budgeting methods, where the previous budget is often used for next budget estimates. Moreover, all unnecessary spending is eliminated.

Advantages:

  • Accuracy

  • Efficiency

  • Cost-efficiency

Disadvantages:

  • Managerial Time

  • Slower Response Time

  • Time consuming

Incremental Budget: In this type, little changings are done to the previous budget.

Advantages:

  • Simplicity

  • Easy to Implement

  • Easy to see Impact of Change

  • Funding Stability

  • Reduces Internal Rivalry

Disadvantages:

  • Incremental Nature

  • Risk-Taking

  • Extra Spending

  • Discourage Innovation

Balanced Budget: In this type, revenues collected are equal to the expenditures. Means neither surplus nor deficit.

An incumbent government shall allocate resources to program A instead of program B according to the following types:

  1. If the government has a little time, it will apply Incremental Budgeting.

  2. If an increase in the performance of a program is required, it would go for Performance Budgeting.

  3. If a thorough review is required, Zero Budgeting could be implied.

  4. If some programs have priority over others, then Priority Based Budgeting is best.

  5. To increase public participation and transparency, Participatory Budgeting is implemented.

I think performance based budgeting is the most appropriate for public administration, because it is the best tool to achieve a certain result, using multiple strategies. Moreover, with this type performance could easily be improved.

Budget Deficit: When Government spending exceeds over total revenue generated through taxes and through other means.

Consequences:

  1. Bad impact on economic development

  2. human development index level decreases

  3. Increase in debt

  4. Inflation increases

  5. Investors have no confidence

  6. Decrease foreign investment

  7. Political instability

Strategies employed by the governments to manage deficit:

  1. Loans/borrowings from IMF, World Bank and friendly countries

  2. Increase tax network

  3. Privatization of public assets

  4. Fiscal austerity measures

  5. Decrease funds and freezing special allowances of government employees

  6. Reduction in government spendings

  7. Slow pace development work

  8. Increase duty or ban on luxury import items

  9. Increase interest rate

This article is the answer to the following questions of Competitive Examination in Pakistan i.e. CSS and PMS:

Q3. A Great deal of political debate in the last two decades has focused on strategies for controlling the federal budget deficit (spending exceeds revenue). Why is this an important issue for the government and what strategies have been employed by governments to manage the deficit? Give examples. (CSS 2023)

Q4. “On what basis shall we allocate resources to program A instead of program B,” is the perennial statement in public sector budgeting. Identify and discuss at least five attempts, found in the budgeting literature, used to answer V.O. Key’s famous budgeting question. Which type of budgeting system is most appropriate for public administration? Why do you feel this way? (CSS 2022)

Q7. Governmental budgets remain an area of general concern as well as controversy. Considerable attention is given to taxation and other sources of governmental revenues. Discuss the federal budget process in Pakistan paying special attention to its ability to find governmental activity and help to regulate the economy’s business cycle. (CSS 2022)

Q5. The idea of performance-budget lies beneath the word ‘result’. In the light of this statement examine the elements of performance-based budgeting with reference to Pakistan. (CSS 2021)

Q7. Discuss in detail the budgeting process of Pakistan. Are you satisfied with the process? Discuss with practical examples. (CSS 2019)

Q8. Zero based budgeting (CSS 2017)

Q5: Governmental budgets remain an area of general concern as well as controversy. Considerable attention is given to taxation and other sources of governmental revenues. Discuss the federal budget process in Pakistan paying special attention to its ability to find governmental activity and help regulate the economy`s business cycle. (CSS 2016)

Q8: Write a detailed note on the following: (CSS 2016)

  1. Incremental budgeting

  2. Planning programming budgeting system

  3. Dissensus budgeting

Q8. Performance budgeting (CSS 2013)

Q5. What is performance budgeting? Bring out its merits, limitations and difficulties. (CSS 2012)

Q6. What is the role of politics in the budgetary process? Explain several concerns such as representation, consensus, coalition building, and locus of power in allocating funds. (PMS 2021)

Q4: Line item budgeting is conventionally used for provincial and federal government budgets of Pakistan. Suggest an alternative public budgeting approach for government budgets in Pakistan. Discuss why the suggested approach would be more suitable and effective for achieving the current political and economic objectives of the government. (PMS 2020)

Q3: Financial management is an important part of government activities. Discuss some of the concerns a budget planner deals with Capital budgeting, Debt management and Risk management. (PMS 2019)

Q2: Budgeting is an important aspect of financial management. Discuss its role as policy and management tool in public organizations, critically evaluate the salient principles of budgeting and suggest ways for improvement to increase performance of public sector organizations. (PMS 2017)