Lahore University of Management Sciences. MGMT 262 Governance System of Pakistan Fall Semester 2014

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1 MGMT 262 Governance System of Pakistan Fall Semester 2014 Instructor Abdul Waheed khan Room No. ASP-LUMS Office Hours TBA Telephone 8373 TA TBA TA Office Hours TBA Course URL (if any) Suraj.lums.edu.pk COURSE BASICS Credit Hours 3 Lecture(s) Nbr of Lec(s) Per Week 2 Duration 75 minutes Recitation/Lab (per week) Nbr of Lec(s) Per Week Duration Tutorial (per week) Nbr of Lec(s) Per Week Duration COURSE DISTRIBUTION Core Elective Open for Student Category Close for Student Category Elective COURSE DESCRIPTION The course is tailored to create awareness about the governance system of Pakistan; how the executive works, and how it is regulated by the superior courts and regulatory agencies. The course contains three modules: the first module focuses on constitutional structure of government, system of governance and role of bureaucracy; the second focuses on the system of judicial review of executive action. Regulatory framework of Pakistan is discussed in the third module. An attempt has been made to make the lectures more comprehensive by the inclusion of some relevant case laws selected from the superior court decisions. COURSE PREREQUISITE(S) No prerequisites. LEARNING OBJECTIVES A. Introduce to students the working of Federal and Provincial governments in Pakistan and how the powers are distributed among different stake holders. B. Explain how executive authority of Federation is exercised in the name of the President by the Federal Government which consists of Prime Minister and his Cabinet. C. Familiarize the students with working of Bureaucracy in Pakistan. D. Acquaint the students to the system of financial control, Audit and Legislative Review. E. Familiarize the students with the system of judicial control and review of Executive action by the Superior Courts. F. Introduce students to the Regulatory framework of Pakistan.

2 LEARNING OUTCOMES The students will be able to understand Working of Federal and Provincial Governments in Pakistan How Authority is exercised by Federal Government Working of Bureaucracy System of Financial Control, Audit and Legislative Review System of Judicial Control and review of Executive Action by Superior Courts GRADING BREAKUP AND POLICY Quiz(s): 15 % Class Participation: 10 % Attendance: 5 % Midterm Examination: 20 % Project: 20 % Final Examination: 30 % EXAMINATION DETAIL Midterm Exam Yes/No: Yes Combine Separate: Duration: Preferred Date: Exam Specifications: Final Exam Yes/No: Yes Combine Separate: Duration: one hour and thirty minutes Exam Specifications: UNDERGRADUATE PROGRAM LEARNING GOALS & OBJECTIVES General Learning Goals & Objectives Goal 1 Effective Written and Oral Communication Objective: Students will demonstrate effective writing and oral communication skills Goal 2 Ethical Understanding and Reasoning Objective: Students will demonstrate that they are able to identify and address ethical issues in an organizational context. Goal 3 Analytical Thinking and Problem Solving Skills Objective: Students will demonstrate that they are able to identify key problems and generate viable solutions. Goal 4 Application of Information Technology Objective: Students will demonstrate that they are able to use current technologies in business and management context. Goal 5 Teamwork in Diverse and Multicultural Environments Objective: Students will demonstrate that they are able to work effectively in diverse environments. Goal 6 Understanding Organizational Ecosystems Objective: Students will demonstrate that they have an understanding of Economic, Political,

3 Regulatory, Legal, Technological, and Social environment of organizations. Major Specific Learning Goals & Objectives Goal 7 (a) Discipline Specific Knowledge and Understanding Objective: Students will demonstrate knowledge of key business disciplines and how they interact including application to real world situations (Including subject knowledge). Goal 7 (b) Understanding the science behind the decision-making process (for MGS Majors) Objective: Students will demonstrate ability to analyze a business problem, design and apply appropriate decision-support tools, interpret results and make meaningful recommendations to support the decision-maker Indicate below how the course learning objectives specifically relate to any program learning goals and objectives. PROGRAM LEARNING GOALS AND OBJECTIVES Goal 1 Effective Written and Oral Communication Goal 2 Ethical Understanding and Reasoning Goal 3 Analytical Thinking and Problem Solving Skills Goal 4 Application of Information Technology Goal 5 Teamwork in Diverse and Multicultural Environments Goal 6 Understanding Organizational Ecosystems Goal 7 (a) Discipline Specific Knowledge and Understanding Goal 7 (b) Understanding the science behind the decision-making process COURSE LEARNING OBJECTIVES To encourage students to participate in class Case studies are meant to highlight the ethical understanding and reasoning. Governance issues are covered to enhance problem solving skills of students. Introduce to students the working of Federal and Provincial governments in Pakistan and how the powers are distributed among different stake holders. To explain to students how executive authority of Federation is exercised in the name of the President by the Federal Government, which consists of Prime Minister and his Cabinet. Familiarize the students with the system of judicial control and review of Executive action by the Superior Courts. COURSE ASSESSMENT ITEM Class participation and Group Project Group Project Case studies, Midterm and Final Examination Group Project Group project Midterm Examination Class Participation, Quizzes, Midterm and Final Examination Quizzes, Midterm and Final Examination

4 COURSE OVERVIEW WEEK/ LECTURE/ MODULE TOPICS READING MATERIAL SESSION OUTCOME(S) (STUDENTS WILL BE ABLE TO UNDERSTAND) Module I Constitutional / Legal Framework of Governance Lecture 1 What is Governance? Governance System (an overview) Ingredients of Good Governance By Shahid Kardar Search for Efficient Government by Dr Maleeha Lodhi Governance Aspects of governance Reasons for the failure of Governance Good Governance and its ingredients Lecture 2 Constitutional/Legal framework of Governance System some basic concepts Basic Concepts, Page Constitutional Developments and political consequences by Rafi Raza (Historical Background) The State The Government Unitary, Parliamentary, Presidential System Democracy...etc. Lecture 3 Federal System : Federal and Provincial Governments Chapter 2, Organization Structure and Working of the Federal and Provincial Government in Pakistan by I.A. Imtiazi, page no Constitution of Islamic Republic of Pakistan, 1973, Article Conceptual framework and historical background Islamic and Federal Character of Pakistan Constitution Executive Authority of the Federation Structure of Federal Government Provincial Administration Lecture 4 Trichotomy of Powers the Parliament (Legislature) Executive Judiciary Constitution of Islamic Republic of Pakistan, 1973, Article Legislature, Executive and Judiciary: conflicts and cohesion by Asif Saeed Khan Khosa Recent newspapers articles to be given to students The doctrine of Trichotomy of Powers Three main classes of Governmental functions The main organs of the government in a state Lecture 5 Federal-Provincial Relations Lecture 6 Fundamental Rights and Governance Constitution of Pakistan Article 8-28 Case Study: Shehla Raza case Fundamental rights Lecture 7 Federal- Provincial relations + Governance Quiz 1

5 Lecture 8 Executive The Prime Minister and His cabinet: Political Executive The Civil Service: The Permanent Executive Civil Servants Act 1973 Chapter 3, the Civil Services by Agha Iftikhar Hussain, page no Constitutional Jurisdiction of High Courts for Service Matters, in view of the Bar contained in article 212 of the Constitution Case Studies: Syed Mahmood Akhtar Naqvi vs. Federation of Pakistan (Anita Turab case) Historical Background Developments since independence Reform of the Civil Service The Civil Services today Organizational framework for personnel Administration in Pakistan The present structure of the Services Lecture 9 Rules of Business 1973 Rules of Business 1973 Chapters Authority Business Cabinet Division Federal Secretariat Principles of allocation of Business Transaction of Business Responsibilities of the Secretary Module II: Devolution of Power Lecture 10 Devolution of Power- I District Government Guest Lecture to be given by Mr. Tariq Mahmud Reading to be announced later in class Historical Background The functional ambit of the District office Judicial Functions Comparative view Need for improvement Lecture 11 Devolution of Power- II Local Government Guest Lecture to be given by Mr. Tariq Mahmud Reading to be announced later in class The new local government system Development functions Delegation of power and functions Module III : Executive Functions Lecture 12 Executive Functions Quiz 2 Principles of Administrative Law by Hamid khan

6 Lecture 13 Administrative Discretion Quasi-Legislative function of the Executive Principles of Administrative Law by Hamid khan Administrative process Rule making or quasilegislative action Basic principles concerning delegated Legislation Substantive ultra vires i.e. acting beyond powers Lecture 14 Midterm Examination Module IV: Organizational Environment and Structure Lecture 15 Judicial Control of Administrative Discretion Principles of Administrative Law by Hamid khan Lecture 16 Ombudsman Office Grievance handling office Ombudsman Ordinance Module II Lecture Lecture 20 Case Studies Case studies Quiz 3 Constitution of Islamic Republic of Pakistan, 1973 Governance and Corruption cases: Steel Mills Ogra Case Anita Turab Some Suo Moto cases OGDC Appts Module V: Regulatory Framework of Pakistan Module III Lecture Regulatory framework of Pakistan Constitutional Regulatory Institutions: NFC NEC CCI Audit and Legislative review 7 th National Finance Commission Rational for regulation Award, The changing roles of Constitution of Pakistan 1973, government and Article regulatory reforms in Pakistan Constitution of Pakistan 1973, The role of State Bank of Article 160 Pakistan, Exchange Regulatory Framework of control system, SECP, Pakistan by A.R Kemal PTA, PEMRA, NEPRA and ORRa

7 Lecture Lecture Statutory Regulatory Institutions: Ombudsman Office -- Grievance handling office State Bank of Pakistan PPRA Procurement Regulator Presentations PPRA Rules Public Procurement Regulatory Authority SBP Act 1956 Lecture 28 Review Session TEXTBOOK(S)/SUPPLEMENTARY READINGS Khan, Jameelur Rehman (1987), Government and administration in Pakistan Islamabad: Pakistan Public Administration Research Center Constitution of Islamic Republic of Pakistan, 1973 Rules of Business 1973 Hamid Khan: Principles of Administrative Law