What is Law – Who Made Law – How the Laws are Made in Pakistan. These are the very common questions that everyone wants to know what exactly the Law is. Who is responsible for making these Laws and what is the procedure to make these laws. So, in this article, I tried to clear all these questions. After this article, you’ll understand that what Law, Who made these Laws is and what is the real procedure for making Laws in Pakistan.
So first we discuss that the first thing.
What is Law?
Before we get into this we should understand some of the definition given by the renowned scholars. According to John Austin (the famous English theorist), “Law is a command issued from a Sovereign power to an inferior and enforced by coercion”.
Explanation of this definition is, A Law is a superior order by the head of any state or country to his masses (public at large) to follow if not obediently then the state-enforced it by using the power of the state but in any case, they must enforce it.
According to Salmond (a very famous legal scholar), “Law is the body of principles recognized and applied by the State in the administration of justice.”
Explanation of this definition is, Law is like a complete body of rules regulation and principles created by the State and applied by its institutions for the better administration of justice in the State.
Blak’s Law Dictionary says, “A system of principles and rules of human conduct”.
If we analyze these definitions then we come to a single definition which is, “Law is an order of the State for better Administration of Justice”.
There are so many other things that a person should know if he is interested in understanding the Law. For example, to understand the law; it is better to understand the community around you. Because Law teaches us what to do and how to do things in connection with the state of some persons living around you. The State also makes the golden principles to live peacefully.
To understand what is law let’s play a game with your family. When you starting the game one of your family members has to read out the rules for playing this game. Now you all know the rules to play this game and you also know how to treat the other players of the game with these rules.
Law is the same as the rules of the game. The difference is State makes the law for its public and you made the law for your family members.
Similarly, every state of the world makes rules for its public and enforced it by coercion. The people of the state have to accept these rules in the shape of laws. If not then there are multiple punishments are also a part of these laws.
Now we understand what the law is. Let’s move forward and try to grasp the other concept of Law.
Who Makes the Law?
The next stair is to understand who is responsible for making laws in the state. The person who is responsible for this is the Prime Minister (PM) in Parliamentary form of government and President in the presidential form of the government. If we see in the United States the Laws are originated in the house of representative and Congress. Then it is sent for getting the assent of the President.
In Pakistan, the laws made in the provincial assemblies of the country called the provincial laws and those made in National Assembly and Senate are called Federal Laws. Both of these laws are applicable in the country and the people of Pakistan have to accept them.
Now comes the last part of this article.
How these Laws are Made?
In Pakistan, any member of the National or provincial assembly can present the bill for making new law in the assembly. Then, the speaker of that assembly called upon all the member of the house to vote in favor or against that bill. It is necessary that the majority of the member of the assembly will vote in favor of that bill so that it can convert into a new law.
The voting process is held both of the houses i.e., National Assembly and the Senate. All the member of the house whether they are from the ruling party of from opposition got 1 vote each. Mostly it is seen that the member of opposition party always opposed the new laws without knowing it is good for the people of Pakistan of not. When both the houses accept this new bill of law then it is sent for getting the assent of the President of Pakistan. This how a new bill becomes a new law in Pakistan.
Notable thing is that when it comes to the amendment of certain laws then there is no need for getting the assent of the President. The amendment will be made by 2/3 majority of the members of the assembly.
Laws are made for better administration of justice in the State. The different States have different procedures to make and amend the laws. In Pakistan, these laws are made in the National Assembly and Senate after getting final approval from the President of Pakistan.