Constitution of Pakistan Questions & Answers
Fundamental Rights
Q. What do you understand by fundamental right? What fundamental rights you consider the most important? (1998/A)
1. Introduction:
Fundamental rights are the basic rights of the citizens. in the constitution of 1973 the list of fundamental right has been given and it has also been clarified that any law repugnant to these fundamental rights will be considered null and void.
2. Relevant provisions : Articles 8-28
3. Objective resolution as part of the constitution:
The principles and provisions set out in the objectives resolution, objectives resolution are substantive part of the present constitution of Islamic republic of Pakistan. The objective reasolution is called magna cart of the present constitution.
4. Fundamental Right in the constitution 1973:
Following are the important fundamental right in accordance with the constitution.
(i) Security of person:
According to the constitution no person shall be deprived of life of liberty.
(ii) Prohibition of slavery and forced labour:
Slavery is forbidden and all from of forced labor are prohibited.
(iii) Protection against retrospective punishment:
Under the constitution no law, shall authorize the punishment of a person for an act or omission that was not punishable by law at the time of act or omission.
(iv) Safeguards in case of arrest and detention:
Every person who is arrested and detained in custody shall be produced before a Magistrate within a period of twenty four hours of his arrest.
(v) Protection against double punisnment and self-incrimination:
No person shall be prosecuted or punished for the same offence more than once or shall be compelled to give withness against himself.
(vi) Freedom of movement:
Every citizen of Pakistan shall have the freedom of movement through Pakistan.
(vii) Freedom of Association:
Every citizen in Pakistan has right to form associations or unions provided that such steps are taken with in the limits.
(viii) Freedom of Assembly:
Every citizen shall have freedom to assemble peacefully and without arms, subject to any reasonable restitution imposed by law in interest of public order.
(ix) Freedom of trade, business and profession:
Every citizen of Pakistan shall have right to enter upon any lawful profession or occupation or conduct any lawful business.
(x) Freedom of Speech:
Every citizen of Pakistan shall have freedom of speech as well as expression. freedom of speech and expression is the major fundamental right of the people of Pakistan.
(xi) Freedom of Religion:
Every citizen of Pakistan shall have right to profess, practise and propagate his religion.
(xii) Safeguard against religious taxes:
No person shall be compelled to pay any special tax for the support of propaganda of the religion other than his own.
(xiii) Inviolabillity of dignity of Man:
The dignity of man and subject to law the privacy of home, shall be inviolable.
(xiv) Political freedom:
Every citizen of Pakistan not being in the service of Pakistan shall have right to from or be member of a political party.
(xv) Safeguards as the educational institution in respect of Religion:
Every religious community will be free to educate its pupils in its own religion.
(xvi) Equality of citizen:
All citizens are equal before law and there is no discrimination on the basis of race, religion, caste and sex.
(xvii) Freedom to acquire property:
Every citizen has right to acquire, hold and dispose of property.
(xviii) Protection of property rights:
The constitution of Pakistan 1973, provides safeguards to property rights. No person will be deprived of his property save in accordance with law.
(xix) Right access to public places:
Every citizen of Pakistan has to access to public places.
(xx) Right to job:
Right to job is the fundamental right of the citizen of Pakistan.
(xxi) Right of language and culture:
Under the constitution national language of Pakistan is Urdu but any section of citizen having distinct language script or culture shall have the right to preserve and promote the same and establish institution for the purpose.
5. Nature of fundamental rights:
The fundamental rights are not absolute. Although the fundamental rights are given by the constitution but it is does not mean uncontrolled liberty.
6. Can fundamental rights be suspended:
When state itself is in danger the fundamental right can be suspended because fundamental rights have no real meaning. if the state itself is in danger.
7. Differnce between fundamental rights and ordinary rights:
(i) As to a source:
Fundamental rights are available under the constitution.
Ordinary rights are granted by the ordinary law.
(ii) As to scope:
Scope of fundamental rights is wider.
Ordinary rights have less scope.
(iii) As to enforceability:
Fundamental rights are enforceable even against the government.
Ordinary or rights are not enforceable against the govt.
Conclusion:
Fundamental rights are part and parcel of the the constitutional law. The fundamental rights safeguard the liberty and rights of the people and cannot be suspended without applying constitutional methods.
Q. Disuss the salient feature of the constitution of Pakista 1973? (1996) (1997) (2006)
1. Introduction:
The constitution of 1973 of Pakistan was adopted on April 12, 1973. this constitution fully represent the ideology and democratic aspiration of the people of Pakistan and constitution is the supreme law of the land it is considered as an instrument by which a gov't can be run. it replaces the basic laws of the state. it determines the traits of the federal and provincial gov't is constitution is frderal cum parliamentary in its characteristics.
2. Salient features of the constitution of 1973:
Following are the salient features of the constitution of 1973.
(i) Preamble:
Preamble means an introductory part of statue. it is not the part of the constitution. it is stated in it that sovereignty over entire universe belongs to Almighty Allah.
(ii) Federal from of Government:
The constitution of 1973 provide federal from of government consisting of four provinces of the central government of Pakistan.
(iii) Rigid constitution:
The constitution of 1973 is rigid because amendment procedure is not easy.
(iv) Bi-Cameral Legislature:
The federal legislature is bi-cameral consisting two houses. Senate the upper house and national Assembly the lower house.
(v) Parliamentary from of Government:
Parliamentary from of government has been provided for the government in the constitution.
(vi) Fundamental rights:
The constitution guarantess fundamental rights. the fundamental right cannot be suspended without applying constitonal methods such can be enforced by the courts.
(vii) Direct Election:
Method of Direct election has been adopted in the constitution of 1973. the election of natioonal Assembly and provincial Adssemblies shall be held directly.
(viii) Independence of Judiciary:
An independence Judiciary has been provided in the constitution of 1973. Judiciary safeguards the fundamental rights of the people of Pakistan.
(ix) Rule of law:
Every citizen shall have the protection of law and shall not treated otherwise than in accordance with law.
(x) Official language:
In accordance with article 251 of the present constitution Urdu has been declared as national language of Pakistan but the official language is English.
(xi) Principles of Policy:
Another democratic feature of 1973 constitution is embodiment of Directive principles of policy of the state. the principles of policy provide guidance to the state.
(xii) End of Exploitation:
Exploitation of any kind has been abrogated in the constitution of 1973.
(xii) Single citizenship:
The constitution of 1973 provides single citizenship.
(xiv) System of Check and Balance:
The constitution of 1973 provides system of check and balance in the country.
(xv)Written Constitution:
The constitution of Pakistan 1973 is in written from and contained 280 clause and six schedules.
(xvi) Rights of minortities:
Rights of minorities have been protected in the constitution of 1973.
(xvii) Holding of Referendum:
The president of Pakistan is authorized to order for holding a referendum on any issue of national importance.
(xviii) Provincial autonomy:
The provinces of Pakistan enjoy full freedom under 1973 constitution. a province may initiate legislation on any common subject.
(xix) State Religion:
The constitution of 1973 declares that Islam would be state religion.
(xx) Islamic constitution:
The constitution of Pakistan 1973 is regarderd as an Islamic constitution no law repugnant to Islam shall be enacted.
(xxi) High Treason:
The abrogation of the constitution through unconstitutional means is a high treason. it can not be abrogated by the use of force.
(xxii) Equal rights of Women:
The constitution of 1973 has given equal to women.
Conclusion:
The constitution of Islamic republic of Pakistan 1973 is democratic, parliamentary with bicameral legislature. It is the constitution of elected people. All major political parties of Pakistan unanimously accepted it
.
Q. What are different Islamic provisions incorporated in the constitution. (2002/S)
Q. Describe the Islamic provision of the constitution. (2000/A)
Q. Critically examine the Islamic provisions under the 1973 constitution. (1994/A)
Q. Explain the Islamic provision of the constitution. (2004/s)
1. Introduction:
The constitution of Pakistan is regarded as an Islamic constitution because in it Islam has been declared as the state religion. No law can be made against the Islamic provisions and state shall enable the Muslims of Pakistan to adopt the Islamic way of life.
2. Relevant Provisions:
Article 2, 2A and 277 to 231 of the constitution of Islamic republic of Pakistan.
3. Islamistion of existing laws:
The present constitution declares that all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the holy Quran and Sunnah.
4. Special Institution of Islamisation:
Two special institutions for Islamistion under the constitution have been established
(i) Federal shariat court. (II) Islamic Ideology council.
5. Islamic provisions in the constitution on 1973:
Following are the Islamic provisions of the present constitution.
(i) Sovereignty of God:
According to the constitution the sovereignty of entire world belongs to Almighty Allah.
(ii) Name of the State: Name of the state is "Islamic republic of Pakistan".
(iii) State Religion:
According to the constitution Islam shall be the state religion of Pakistan.
(iv) Promotion of Islamic way of life:
State shall enable the Muslim of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concept of Islam.
(v) Promotion of Social Justice and Eradication of Social ! evils:
State shall eradicate, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and Prevent the consumption of the alcoholic Liquor otherwise than for medical purpose.
(vi) Qualification for president:
Only the Muslim can be the president of Islamic Republic of Pakistan.
(vii) Strengthening bonds with Muslim world:
State shall strengthen bonds with Muslim world on basis of Islamic unity.
(viii) Qualification for prime minister:
Only a Muslim can be qualified for election as primeminister.
(ix) The Islamic Council:
There shall be constitution a council of Islamic ideology referred to as the Islamic council. It shall make recommendations to parliament for enactment of Islamic law etc.
(x) Definition of Muslim:
A person who believes on oneness of Almighty Allah and on the Prophet Hood of Muhammad (S.A.W).
(xi) Enforcement of Islamic laws:
State shall enforce Islamic law as soon as possible.
(xii) Protection of Islamic values:
State shall protect Islamic value in the country.
(xiii) Welfare state:
The concept of welfare has been adopted.
(xiv) Protection of Minorities:
In the constitution of 1973, the non-muslims minorities have been given rights and protection.
(xv) Promotion of Islamic teaching:
It has been declared that state will endeavour to make compulsory the teaching Holy Quran and Islamic studies.
(xvi) Correct publishing of Holy Quran:
State shall ensure the correct publishing of Holy Quran.
(xvii) Ideology of Pakistan:
The President, Prime Minister and other high officials have to declare in their oaths that they will protect the ideology of Pakistan.
(xviii) End of Interst:
State shall eliminate Riba system in the country as soon as possible.
6. Conclusion;
The constitution of 1973 of Islamic republic of Pakistan contains a number of Islamic provisions. No law which is repugnant to the basic principles of Islam can be valid. Constitution enable the Muslims of Pakistan to order their lives individual and collectively in accordance with the principles and concept of Islam.
Amendment Of Constitution
Q. What is the procedure of Amendment of the constitution of Islamic republic of Pakistan. (1996/A)(1997-S)(1998-A)
1. Introduction:
Constitution of Pakistan rigid one because it cannot be easily amended. Artical 238 empowers the parliament to make amendment and 239 provides the procedure for the amendment. Parliament has not unlimited powers to make amendments in the constitution only constitution provides this right to parliament.
2. Relevant Provisions:
Art 238 and 239.
3. Institution which can make amendment in the constitution:
Majlis-e-Shoora (Parilament is empowered to amend the constitution of Islamic republic of Pakistan. A bill for amendment must be passed by two thirds of the total membership of the assembly and then senate should pass this bill by a majority of the total membership. the constituton of Islamic republic of Pakistan confers power on parliament to amend the constitution.
5. Object:
The object of introducing provisions for amendment of the constitution is to bring it in line with changing conditions and new demands and needs of times.
6. Procedure of amendment in the constittion:
(i) Where bill to amend is originated:
Abill amend the constitution may originate in either house of the parliament.
(ii) If the bill is passed by two-third majorty:
In the bill has been passed by the votes of not less than two-thirds of the total membership of house it shall be transmitted to other house.
(iii) Bill in other house:
If the bill is passed with amendment by the votes of not less than two thirds of the total membership of the house than it shall be transmitted to the house in which it was originated and the bill will be passed by two thirds of its total membership.
(iv) Assent of the President:
If the bill is passed by the house it shall be presented to president for his assent.
(v) Procedure to alter the limit of Province:
A bill to amend the constitution which would have the effect of altering the limits of a province shall not be presented to the president unless it has been passed by the provincial assembly of that province by the votes of not less than two third of its total membership.
7. Limitation:
The power of parliament to amend the constitution does not extend to alter repeal or replace the constitution. any amendment to change the basic structure. framework and essential features is not permissible under the constitution.
8. Duties of the court in regard amendments:
The court cannot declare any provision of the constitution to be invalid or repugnant on the grounds that it goes beyond the mandate given to the assembly. The courts are duty bounds to enforce and interpret the law in accordance with the amendment.
9. Safe guard to the amendments of the constitution:
No amendment of the constitution shall be called in question in any court on any ground what soever.
10. Conclusion:
The constitution of 1973 is not flexible. The procedure of amendment is not easy. Parliament which consists of the national assembly and the senate can make amendment in the coustitution by the two third majority of its total membership.
Chief Election Commissioner
Q. Write a comprehensive note on chief election commissionor and election commissioner. (1998-A) (2004-S)
1. Introduction:
The constitution of 1973 provide an administrative structure for elections. It’s whose duty is to hold fair and free elections. He is an independent functionary of the status and positions. The election is held under his supervisions. His appointment is necessary whenever a general election for an assembly is to be conducted.
2. Relevant provisions:
Article 213 to 217.
3. Election commission:
According to the constitution election commission shall be constituted for the purpose of general election to the assemblies. The election commissioner shall be the chairman of the election commission.
4. Appointment of chief election commissioner:
The president shall appoint the chief election commission.
5. Nature of the appointment:
The appointment is not permanent and substantive. it is merely intended for the purpose of holding of the forthcoming general election.
6. Qualification:
Chief election commissioner must be or have been a judge of the high court or supreme court of Pakistan.
(a) Oatg of office:
Chief election commissioner takes oath of oofice before the cheif justice of Pakistan.
7. Term of Office:
The term of the office of election commissioner is thre years.
8. Extension of term:
National assembly may extend the term for one year through a resolution.
9. Termination:
The procedure of removing the cheif election commissioner is similar as for the removal of high court or supreme court.
10. Restrictions:
Chief election commissioner can not accept an office of profit in the service of Pakistan until two years from the date of his retirement.
11. Functions powers and duties of election commissioner:
Functions, powers and duties of election commissioner are as under:
(i) Preparation of electoral rolls:
He prepares electoral rolls for election of natiional and provincial assemblies and revises the rolls annually.
(ii) Elections of senate:
Chief election commissioner oranizes and conduct elections of the senate.
(iii) Appointing election Tribunal:
Chief election commissioner appoint to decide dispute regarding counting of votes or about the conduct of election in any constituency.
(iv) Election of casual vacancies:
Chief election commission holds elections to fill casual vacancies in parliament or in provincial assembly.
12. Acting commissioner:
When the office of the commissioner is vacant or he is absent or unable to perform the functions of his office due to any other cause a judge of the supreme court nominated by the chief justice shall act as commissioner.
13. Conclusion:
The chief election commissioner is appointed by the president for a term of three years. The important duty of the chief election commissioner is to hold fair election in the country. He has such powers and functions as are conferred on him by the constitution and law.
Chief Minister
Q. Write note on Chief minsiter. (2000-A)
1. Introduction:
According to the constitution 1973 provinal government performs its function its function through chief minister. he is the leader of the house in a province.
2. Relevant Provisins:
Art 130, 131, 130, 136.
3. Election of chief minister:
Chief minister is appointed by the Governor from amongst the members of provincial assembly who in the opinion of majority of the members of the provincial assembly.
4. Conditions for candidate:
1. He should be citizen of Pakistan.
2. Should not be less than 25 years of age.
3. Should not be insolvent.
4. Should be sound minded.
5. His name should be in electral role.
6. Should not hold any office of profit in services of Pakistan.
5. Oath taking:
Chief minister shall take oath of office before the governor of the province.
6. Resign of chief minister:
In accordance with clause (b) of Article 130, chief minister may in writing addressed to the governor resign his office.
7. Termination of chief minister or procedure of vote of non-confidence:
A resolution for a vote of non-confidence can be moved against minister by not less than twenty precent total membership of the provincial assembly. If the resloution is passed by a majority of total membership, chief minister shall cease to hold office.
8. Cabinet of chief minister:
Chief Minister chooses minister for his cabinet from amongst the provincial assembly members who shall be appointed by the governor. Chief Minister and his cabinet collectively answerable to the provincial assembly.
9. Powers and functions of chief minister:
(i) Executive powers:
Chief Minister has all the executive powers in the province. He is responsible for all administrative matters of the province. He is also responsible to maintain law and order in the province.
(ii) Power of appointment:
The judges of high court are appointed on the advice of chief minister. He also appoints the minister.
(iii) Legislative powers:
Chief Minister being the leader of majority party in the provincial assembly has legislative powers. No bill can be passed without the consent of chief minister.
(iv) Financial powers:
The annual budget is prepared under the supervision of Chief minister.
(v) Dissolution of Provincial assembly:
Governor dissolves the provincial assembly on the advice of chief minister. if governor dooes not dissolve the assembly it shall stand dissolved after 48 hours of such advice.
10. Duties of Chief minister in relation to governor:
It shall be the duty of chief minister:
(i) To communicate the governor the decision of the cabinet in relation to the administration of the affairs of the provinces and proposals for legislation.
(ii) To furinsh such information relating to the administration of the affairs of the province and proposals for legislation as the governor may call for and
(iii) If the governor so requires to submit for the consideration of the cabinet any matter on which a decision has been taken by the chief minister bbut which has not been considered by the cabinet.
11. Conclusion:
Chief Minister is the leader of the provincial assembly. He is appointed by the governor. Chief Minister appoints his cabinet. Constitutionally chief minister and his cabinet is responsible to the provincial assembly.
Council of Common Interests
Q. Write a comprehensive note on the council of common intersts. (1997-S) (2000-S) (2002-S) (2005-S) (2006-A)
1. Introduction:
In order to divide government organizations and department among the provinces, the council of common interest has been set up under the present constitution. Council of common interest is to strengthen and intergrate federation and provinces, iron out their differences
2. Relevant Provisions: Article 153 to 155.
3. Object f council of common interst:
Case law
P.L.D 1993 Sc 473
It was held. the object of council of common interest is to strengthen and intergrate federation and provinces, iron out their differences.
4. Organization:
The members of the council shall be provincial chief minister and an equal members from the federal government who are nominated by prime minister from time to time.
5. Appointment of Members:
The members of common interest is appointed by the president of Pakistan.
6. Chairman Of The Council Of Common Interest:
Prime Minister is the member of the council and its chairman. Otherwise President shall appoint federal minister.
7. Responsirility Of The Council:
Conucil of common interest shall be answeables to the parliament.
8. Function Of The Council:
(i) Policy Making:
Council of common interest forulates and regulates Policies in regared to matters enumerated in part II of the Federal legislative list and with regard to electricity.
(ii) Decisions of Complaints:
Council of common interest decides complaints regarding water; when the provincial or federal government makes a law or passes an order regarding water or any natural resource affecting the interests of a province.
(iii) End of differences:
It is an important duty of council of common interest to bring into conformity and policies of all provinces and not any difference arise between the federal and provincial policies.
(iv) Supervisory of the institutions:
The council of common interest suprvise the institutions such as railways mineral, oil, electricity natural Gas, development of industries and institution, establishment, bodies and corporation administrated or managed by the federal govt.
9. Mode of decision:
The decision of the council are expressed as the opinion of the majority.
10. Conclusion:
Council of common interest is an important constitutional body. its man object is to care the common interest of all the provinces. It regulate policies in relation to matters in part 11 of the federal legislative list.
Council of Islamic Ideology
Q. Give the constitution and functions of council of a Islamic ideology. (2000-S)
Q. Discuss the detail the provisions of the constitution (1973) relating to the council of Islamic ideology (1999-A)
Q. Explain the composition and functionss of Islamic ideology council. (2004) (2006/A)
1. Introduction:
The constitution of 1973 is regarded as an Islamic constitution because Islam is the state's religion of the country and according to the constitution steps shall be taken to enable the Muslim to order their life in accordance with Islam.
2. Relevant Provisions:
Article 227-231.
3. Composition of the council of Islamic Ideology:
Islamic council has its Chairman and 8 to 20 members. of council.
(i) So far practicable various schools of thought are represented in the council.
(ii) Not less than two members are persons each of whom is, or has been a judge of the supreme court or the high court.
(iii) Not less than four of members are persons each of whom has been engaged, for a period not less than fifteen years in Islamic research or institutions and
(iv) At least one member is a woman.
4. Appointment of members:
Members of the council of Islamic ideology are appointed by the president of Islamic republic of Pakistan on the advice of prime minister.
5. Qualifications for members:
Members should have the following qualifications:
(i) Have Knowledge of the principles and philosophy of Islam.
(ii) Have knowledge of Islamic law and Fiqa.
(iii) Have knowledge of political problems of Pakistan.
(iv) Have knowledge of economic problems of Pakistan.
(v) Have knowledge of the legal and administrative problems of Pakistan.
6. Functions of council of Islamic ideology:
Functions of council of Islamic ideology are as under:
(a) Advisory Functions:
Council of Islamic ideology shall give advice to the president, parliament, or provincial assembly about the bills whether they are in accordance with or in consistent to the Islamic Principles.
(b) Research Functions:
Council of Islamic ideology makes research on different aspects of laws enforced in Pakistan.
(c) Reporting function:
Council of Islamic ideology prepares its reports on the recommendation and presents to the parliament.
(e) Explanatory function:
If there is any ambiguity the provisions of the constitution of Islamic republic of Pakistan on subject of religion, the council can explain it.
7. Modes of Proceeding:
(i) On the reference made by
(a) Parliament 9both houses)
(b) President (c) Provincia; assemblies.
(d) Governor (ii) Suo motu
8. Scope:
The council of Islamic ideology has been assigned a special advisory role. its primary duty is to be bring all existing laws in conformity with the injuctions of Islam as laid down in Holy Quran and Sunnah.
9. Rules of Procedure:
The proceedings of Islamic council shall be regulated by the rules of procedure to be make by the council with the approvall of the president.
10. Conclusion:
Islamic ideology council consists of a chairman and other members who are appoint by the president for the term of 3 years. The main functions of Islamic ideology council shall be make recommendation to parliament as to ways and means of enabling the Muslims of Pakistan to order their lives in accordance with principles of Islam.
Emergency Provisions
Q. Discuss the emergency provisions of the constitution with reference to Article 232 of the constitution. (2003/S)
Q. Discuss the various kinds of emergencies and in whom the power is vasted under the constitution. (2005/S)
1. Introduction:
The president may proclaim state of emergency and make regulations accordingly. Emergency may arise all over the country or in a province or in a part of it. The president is authorized to declare state of emergency for whole of the country or any part of the country.
2. Relevant article provisions:
Article 232 to 237 constitution of Pakistan.
3. Power to proclaim the emergency:
A proclamation of emergency is issued by the president. The president is the sole judge of the situation and it is he who has to decide whether or not the proclamation would issue.
4. Kinds of Emerghcy:
(i) Emergency due to war, external or internal disturbance.
(ii) Emergency due to the breakdown of constitution machinery.
(iii) Financial emergency.
(i) Emergency due to war, External or internal disturbance:-
When there exists a grave emergency due to which the security of Pakistan or any part thereof is threatened by war or external aggression by internal disturbance beyond the power of provincial govt to control. The president can declare the state of emergency.
Suspension of fundamental Rights:
During the emergency the fundamental rights can be suspended and the president is empowered to declare that the right to move any court for the enforcement of such suspended rights shall remain suspended for the period during which proclamation is enforced.
(ii) Emergency due to the Breakdown of constitutional Machinery:-
In case the president is satisfied with the report of the Governor concerned that a situation has arisen in which the govt of the province cannot be carried on in accordance with the provisions of the consitiution. He can proclaim an emergency.
(a) Effect:
Federal executive or federal legislature shall take over functions of provincial executive and legislatyre.
(b) Duration of Emergency:
The duration of emergency is for the period of sixth months.
(c) Extension in period:
the president may extent theperiod of emergency for two months.
(d) Law to cease after sixth months:
Laws made by the federal executive and federal legislature shall cease after sixth months oo proclamation of emergency.
(iii) Financial Emergency:
In case the president is satisfied that a situation has arisen whereby the economic life, financial stability of credit of Pakistan, or any part thereof, is threatened, then after consultation with the Govenor of the provinces or the case may be, the governor of the provinces concerned by proclamation a declaration to the effect, and while such proclamation is in force, the executive authority of the federation shall extend to the giving direction to any province to observe such principles of financial property as may be specified in the direction as to the giving of such other directions as the president deems necessary in the interest of economic life, financial stability of credit of Pakistan or any part thereof.
5. Revocation of Proclamation:
The proclamation declared by the president may be varied or revolved by a subsequent proclamation.
6. Safeguard to proclamation:
The validity of any proclamation issued or order made under this part shall not be called in question in any court.
Conclusion;
The emergency provisions would come into operation in the case of war, internal, external disturbance, failure of constitutional machinery in a province and financial and economic instability. The president of Pakistan is empowered to declare the state of emergency. He can also revoke or vary the emergency.
Federal Shariat Court
Q. Write comprehensive note on federal Shariat court. (2001-A)
Q. Discuss the Jurisdiction and powers of federal shariat court. (2002-A) (2004/A)
1. Intrduction:
Under the presidential order in 1980, a court was constituted which was given constitutional status later on. federal shariat court has jurisdiction to introduce Islamic principles in a statute as contained in theinjunctions of Islam. it can give its opinion to the gov't concerned about an existing statute.
2. Relevant Provisions: Article 203.
3. Composition:
The federal shariat court consists of eight Muslim judges includind the Chief justice. they are appointed by the president of Pakistan.
(a) Object:
The object of establishment of federal shariat court is to examine and decide questions of repugnancy of law to Islam as laid down in holy Quran and Sunnah.
4. Qualification:
Out of seven judges, four should be present or former judges of high court. Three of the judges are to be expert on Islamic law. Such a person shall be appointed as chief justice who has been either or judge of Supreme Court or is a permanent judge or high court or is qualified to be appointed as a judge of Supreme Court.
5. Tenure:
The chief justice and other judges shall be appointed for a period of three years.
(a) Extension of Period:
The president may extend the term of their office.
6. Acting judge:
The president may appoint any person to be the judge of shariat court in case of vacant position in the court.
7. Oath taking:
The judge shall take oath before the president.
8. Principal seat of the court:
The principal seaat of the court shall be at Islamabad but court may sit in other cities.
9. Salary and facilities
The chief justice, in case he is not a judge of the supreme court, shall be entitled to salary, allowances and privileges as admissible to the judge of su[reme court. the other judges of federal shariat court shall be entitled to salary and privileges admissible to a high court judge.
10. Jurisidiction power and function of the sharial court:
I. Review of laws against Islam:
If court feels any law is against the Islam it shall give notice concerned government and give arguments and shall explain to what extent the law is repugnant no Islamic injunctions. The court shall make its decision and president shall take steps to amend the laws.
II. Revision on decisions of subordinatecourt:
The federal shariat court is authorized to review the judgments of criminal court under any lay relating to the enforcement of Hadood. the federal shariat is competent to suspend the sentence and can release the accused on bail.
III. Appellate jurisdiction:
Appeal can be filed in the Supreme Court against the decision of the federal shariat court with in sixty days. An appeal on behalf of the federation or of a province may be preferred within six months of such decision.
IV. Suo-Motu jurisdiction:
The federal shariat court is empowered to examine any law under its sue-motu jurisdiction.
V. Miscellaneous powers:
The federal shariat can exercise the following ppowers.
(i) Appearance of Person:
It can issue order to any person to appear before the court.
(ii) Production of Documents:
It can issue order for the production of any document before it.
(iii) Framing of rules:
The federal shariat court can frame the rules for the conduct of its own proceeding.
(iv) Opinion of an expert:
The federal shariat can seek opinion of an expert on Islam law.
(v) Contempt of Court:
The federal shariat court can sentence a person on the charge of contempt of the court.
(vi) Revise its own judgment:
The federal shariat court is empowered to revise its own judgment.
11. Nature of judgment of federal sharit court:
The judgments of the federal shariat court are binding on the high courts and other courts.
12. Appeal to Supreme court:
Any party aggrived with decision of court, may prefer an appeal to the supereme court within 60 days of its decision.
13. Conclusion:
the federal shariat court consist of eight Muslim judges. they are appointed by the president. the principal seat of the court is at Islamabad. The court has power to declare a law repugant to Holy Quran and Sunnah. it can punish a person on charge of contempt. it shall have the powers of civil court for purpose of performance of its functions.
Governor
Q. What are the qulifications for the office of a Governor? Describe the powers of Governor under the constitution of 1973. (1996-A) (1999-A)
1.Introduction:
The province is headed by Governor, Governor has strong political and constitutional position in a province. He is responsible to the president in a province. he is responsible to the president. it is expected that he should adopted equal and similar attitude toward all the political parties.
2. Relevant provisins:
Art 101-105, 110, 128, 1302A, 132, 139.
3. Characteristics of qualifications of provincial Governor:
(i) He should be qualified to be elected as member of national assembly.
(ii) He should not be less than 35 years of age.
(iii) He should be citizen of Pakistan.
(iv) He should not hold any office of profit in service of Pakistan.
(v) He should be of sound minded.
4. Appointment:
Governor is appointed by the president on the recommendation of the prime minister.
5. Term of the office of Governor:
Governor shall remain in office only during the pleasure of the president. he has no fixed term of office.
6. Restrictions:
Governor cannot be memebr for election as member of national assembly or provincial assemblies and if a member is appointed as Governor, his seat in assembly shall become vacant on the day he enters upon his office.
7. Salary and facilities:
Governor is given handsome salary, accommodation, allowances and other immunities.
8. Oath of office:
Before entering upon the office governor shall make oath before the Chief Justice of high court.
9. Acting Governor:
During the governor's absence from Pakistan or his inability to perform his functions president may appoint any person as acting governor.
10. Resign of Governor:
Governor may in writing under his hand addressed to the president, resign his office.
11. Removal from office:
The president of Islamic republic of Pakistan mau dismiss governor.
12. Powers and functions of governor:
Powers and functions of Governor are under.
(i) Executive:
The executive authority of the province is vested in the governor. He appoints the Chief Minister of the provinces and appoints other ministers on the advice of Chief Minister.
(ii) Powers in Emergencies:
In emergency situation inn a province a governor is not a titular head he has an important role to maintain law and order in the province.
(iii) Judicial powers:
In appointing judges of high court president shall consult with governor. He may appoint advocate general of province.
(iv) Financial:
Governor takes part in financial matters. Governor accents to money bll with in thirty days
(v) Dissolution of provincial assembly:
Governor may dissolve the provincial assembly if so advised by the cheif minister.
(vi) Appointment of Caretaker Govt:
When provincial assembly is dissolved the governor can appoint a care taker govt after consolation with the president.
(vii) Promulgation of Ordinance:
Governor has power to promulgated ordinances provided that provincial assembly in not in session.
(viii) Dismissal of Cabinet:
Governor can dismiss the cabinet which has lost the confidence of the provincial assembly.
(ix) Legislative Power:
(a) Power to Summon the Assembly:
Governor may from time to time summon the provincial assembly as he thinks fit.
(b) Power to Assent the Bills:
Governor has power to assent a bill passed by provincial assembly. He may give assent within days or return it to the assembly to consider it.
(c) Power to Address the Assembly:
Governor has power to address the assembly.
(d) Power to Send Messages:
Governor can send messages to the provincial assembly.
(e) Power to with draw an Ordinance:
Governor has power to with draw ordinance any time.
12. Conclusion:
Governor is president’s representative in a province. He is appointed by the president and also holds his office during the pleasure of the president. He shall be subject to the directions of the president. in short he is the formal head of province and real powers vests in the Chief Minister.
High Court
Q. Explain the constitution of high court and describe the necessary qualifications for the appointment of a judge? (1996-A)
1. Introduction:
According to the constitution of 1973 of Islamic republic of Pakistan a high court is the highest court in a province. normally the jurisdiction of a high court is limited to its respective province.
2. Relevant Provisions:
Article 192-208.
3. Formation:
High court shall consist of a chief justice and so many other judges as may be fixed by law.
4. Appointment:
The chief justice of high court shall be appointed by the president of Pakistan after consulation with the chief justice of Pakistan and with the governor concerned the other judges shall be appointed by the president after the consluted with the chief justice of high court and governor concerned.
5. Qualifications for judges:
The judge of high court must have the following qualifications:
(a) He must be a citizen of Pakistan.
(b) He should not be less than 40 years of age.
(c) He has been advocate of high court for at least ten years or
(d) He has been in civil service for minimum served as a district judge for three years or
(e) He has held a judicial office in Pakistan for a period of not less than ten years.
6. Oath of Office:
(a) Chief justice:
The chief justice take oath of his office before the governor.
(b) Other judges:
The other judges of high court shall take oath of office before the chief justice of the high court.
7. Term of office:
Retiring age for the judge of high court is 62 years.
8. Acting chief justice:
In absence of chief justice president may appoint, the senior most judge to act as cheif justice.
9. Additional judges:
The president may appoint any such person who is qualified to be a judge to be a additional judge for a certain period. if there is need to increase the number of judges of a high court.
10. Seat of the high court:
Each high court have its principal seat at the place where it had such seat at the time of its establishment.
11. Salary and facilities:
The chief justice and other judges of a high court get fixed remuneration per month. they are also given accommodation, pension and allowances.
12. Restrictions:
A judge of high court shall not hold any office of profit in service of Pakistan until the expiration of two years from the date of their retirement. however they may be appointed in judicial and Quasi-Judicial services. the retired judge from high court can not practice in any court with in the jurisdiction of the principal seat of high court but he can appear before a court which did not fall with in their previous jurisdiction.
13. Removal of Judges:
A judge can be removed from his office if he is unable to perform his duties due to physical or mental incapacity or he has been guilty of gross mis-conduct. the president can direct supreme judicial council to inquire into matter. if council finds him incable perform his duties the president may remove the judge from the office.
14. Transfer of judges:
The president may transfer a judge from one high court to another high ccourt but no judge shall be transferred except with his consent.
15. Powers and functions of high court:
I. Original jurisdiction:
High court has original jurisdiction in certain matters such as the case of contempt of court and writs etc.
(a) Order of Habeaus Corpus:
High court can make order directing that a person in custody within territorial jurisdiction of the court be brought before it so that the court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.
(b) Order of mandamus:
If the fundamental rights of any person have been effected the court may, on his application, order any person, authority or government which is deemed necessary for the enforcement of any such fundamental rights.
II. Appellate jurisdiction:
The high court has appellate jurisdiction to hear appeals against the orders decrees and judgements of the subordinate.
III. Supervisions of subordnate courts:
The high court in the province supervises the work of the subordinate courts.
(c) Order of prohibition:
High court can direct a person performing within the territorial jurisdiction of the court, functions in connection with the affairs of the federation, province, or a local authority, to refrain from doing he is not permitted by law.
(d) Order of certiorari:
High court can declare any act done by a federal, provincial or local authority functionary has been done without lawful authority and is of no legal effects.
16. Binding effect of the decisions of the high court:
The decisions of high court shall be binding effect on the courts subordinate to the high court.
17. Appeal to the supreme court:
Appeals against the decisions of the high court lie before the supreme court.
18. Conclusion:
The judicial organization of a province is headed by a high courts in the province. The high court consists of a cheif justice as many other judges as may be fixed by law. Every province in Pakistan have a high court of its own. The parliament may by an act extend the jurisdiction of any high court to any area in Pakistan.
Indian Independence Act 1947
Q. Critically examine and explain in detail the salient features of the independence act 1947 (1996-A) (2005) (2006)
1. Introduction:
Lord Mountbatten reached India on March 24, 1947. as soon as he reached, he declared that he will complete the work of transfer of powers into the Indian hands meanwhile the bill of Indian independence act was passed by the parilament.
2. Indian Independence Act 1947:
Two states was established in accordance with the Indian independence act which was passsed by the British parliament. the British Government surrendered all kinds of responsibilites for the territories of the Sub-Continent.
3. Salient features:
The sailent features of Indian independence act are as under.
(i) Partition of India:
Indian independence act 1947 provided for the partition of India and establishment of two dominions of India and Pakistan.
(ii) Legislature supremacy:
Indian independence act 1947 provides for legislature supremacy of the two dominions.
(iii) Cessation of British Rules:
It conceded the complete cessation of the British control over Indian affairs from August 1947.
(iii) Two constitutional assemblies:
Indian independence act provide two constitutional assemblies for two dominions. all powers were to be vested in the constituent assembly of each dominion.
(iv) Right to remain member of British common wealth:
Under the Indian independence act the dominions were given full rights to decide whether to remain with the British commonwealth of nations or to come out of it.
(v) Interim constitution:
Till the framing of the new constitution each of the dominions and all the provinces were to be governed in accordance with the government of India act 1935.
(vi) End of the right of the king to vote:
The right of king to veto laws or to reserve laws for his pleasure was given up. this right was given to the Governor general.
(vii) End of the title "Emperor of India:
The title of "Emperor of India" was to be dropped from the king of England.
(viii) Option for Armd and civil servants:
All the civil and army servants were given full option to join either of dominions.
(ix) Termination of the Suzerainty of the crown:
It provides for termination of suzerainty of the crown over the Indian states. All treaties, agreements, exercisable by his majesty with regards to the states and their rulers were to be laps from 15th August 1947.
(x) End of the office of the secretary of states:
The office of the secretary of the states for India was to be abolished and his work was to be taken over by the secretary of the state for common wealth affairs.
(xi) Office of Governor general:
It was provided that for each of the new dominions there shall be a Governor General who shall be appointed by his majesty and shall represent majesty for the purpose of the Government of the dominions.
(xii) Right of dominion state:
The rulers of dominion states were given option to join either of the dominion keeping in view the majority of thier population.
(xiii) Right to amed the Govt. of India act of 1935:
Under the independence act each dominion was authorized to amend the government of India act 1935.
(xiv) Agreement with the Tribes:
Agreement with the tribes of the north-western frontier of India were to be negotiated by successor dominion.
3. Conclusion:
Indian independence act provides partition for India and present state of Islamic republic of Pakistan was created under this act. After Pakistan establishment, the govt. of India act of 1935 was adopted as Interim constitution.
Law Making procedure
Q. Discuss the legislative procedure followed by the parliament under 1973 constitution.
(2000) (2004/S)
1. Introduction:
The constitution of Islamic republic of Pakistan provides legislative procedure in part III chapter 2. The parliament has three functions viz to make laws, to grant finance to the Govt, and to administer the policies of the ministries. the important function of the parliament is to make laws for the state. it is only legislative body. through an amendment in 1985 the legislative procedure has been made easy.
2. Relevant provisions:
Articles 70-89 of the Islamic republic constitution of Pakistan.
3. Definition of bill;
A bill is proposal for new law for amending or repealing an old one.
4. Kinds of bill:
Following are kinds of bill:
(i) Public Bill:
It relates to the interest of persons of public.
(ii) Private Bill:
It relates to the interest of private individuals.
(iii) Money Bill:
It relates to the finance matters.
5. Legislative procedure:
For drafting a bill experts are selected ad while drafting the bill complexities are avoided the legislative procedure in different kinds of bill are different.
I. Legislative procedure in ordinary bill or non money bill:
(i) Introduction of Bill:
Bill is introduced in any house. if bill is introduced by gov't minister is called Govt bill and private bill if presented by private member.
(ii) First Reading:
In the first reading the causes of presentation are explained by the member who introduce the bill.
(iii) Reference to committee:
Bill is examined in detail in committee stage. The committee hears the evidence of expert and any objection of any person interested in such bill.
(iv) Second reading:
Bill is discussed clause by clause and amendments may be made during the second reading.
(v) Third reading:
After second reading third time it is read and it is sent to other house. the same stages are also followed in the other house.
(vi) President's assent to bills:
If the bill is passed in the joint sitting, with or without amendment by the votes majority of the total membership of the house. it shall se presented to the president for assent.
II. Legislative procedure in money bill:
In according with the article 73 of the constitution of Islamic republic of Pakistan a money bill shall be originate in the national assembly and after it has been passed by the national assembly without being transmitted to the senate, be presented to the president who will assent to the bill with in thirty day, otherwise the bill shall be deemed to have been assented to and it shall become law.
(a) Features of money bill:
A bill or amendment shall be deemed to be a money bill. If it shall contains provisions dealing with all or any the following matters.
(a) The imposition, abolition, remission, alteration of any tax.
(b) The borrwing of money or a giving of any guarantee, by the federal Govt, or of the amendment of the law relating to the finance obligation of the Govt.
(c) The custody of the federal consolidate fund, the payment of moneys into, or the issues of moneys from the fund.
(d) The imposition of charge upon the federal consolidated fund, or the abolition or alteration of any charge.
(e) The receipt of money on account of the public accounts of the federation the custody of issue of such money.
(f) The audit of the accounts of the federal Govt or a provincial above.
(g) Any matter incidental to any of the matters specified above.
(b) Dispute regarding determination of money bill:
If any question arises whether a bill is a money bill or not, the decision of the speaker of the national assembly shall be final.
6. Discussion in senate:
Now by the amendment in the constitution (Legal Frame Work order 2002) a money bill can be discussed in the senate.
7. Distinguish between money bill and ordinary bill:
Points of difference between money bill and ordinary bill are following:
(i) As to Nature:
Money bill relates to finance matters.
Ordinary bill relates to the interest of private or public persons.
(ii) As to origin:
Money bill can be originated only in national assembly.
Ordinary bill can be originated in either house.
(iii) As to transmission:
Money bill is not transferred to other house.
Ordinary bill is transferred or transmitted to other house when passed by one house.
8. Conclusion:
Legislative procedure has been made easy through an amendment in 1885 in the constitution. The ordinary bill can be originated in either house. If the house passed the bill through majority vote, it shall be transmitted to the other house if the other house passes it without amendment, it shall be presented to the president for his assent. The money bill is originated in only national assembly.
National Assembly
Q. What do you understand by the term 'Parliament". Discuss the term of national assembly and the period of its survival. (1999/A)
Q. Explain the composistion of parliament of Pakistan and discuss membership, functions and powers of the national assembly. (1997/S) (1995/A)
1. Introduction:
National assembly is the lower house of parliament. it is more powerful institution in law making and financial matters. National assembly of pakistan is more powerful than senate.
2. Relevant provisions:
Article 23, 47, 50, 73, 91, 93, 95, 142, 143.
3. Parliament under the constitution of 1973:
Parliament is an authoritative institution. it can enact any type of law. it is a symbol of the people sovereignty. parilament in Pakistan which is known as "the Majlis-e-Shoora" consists of the president and two houses known as national assembly and the senate.
4. Organisation of National Assembly:
In original constitution there were 200 seats in national assembly and 10 sats were resrved for women but in 1985 the seats were reserved to 207 and 10 seats for minortities so it became 217.
4. Conditions for voters:
Following are the conditions for voters:
1. He is citizen of Pakistan.
2. He is not less than 18 years of age.
3. He is sound minded.
4. His name exists in the electoral roll.
5. Qualification for member of national assembly:
Following are the condition/qualification for membership of national assembly.
Ø He should not be less than 35 years of age.
Ø He should be citizen of Pakistan.
Ø His name should be in electroal roll.
Ø He should not hold any office of profit in service of Pakistan.
Ø He should have Bachelor degree from an institution recognized by high education commission.
Ø He should be mentally and physically fit. 6. Method for election of national assembly:
The members of national assembly are elected by direct method.
7. Term for national assembly:
The term of national assembly is five years, the term of five years shall commence from the day of its first meeting and shall stand dissolved at the expiration of its term.
8. Quorum:
The quorum is one-fourth membership of the assembly.
9. Summoning and prorogation of the session;
National assembly shall be summoned and prorogated by president of Pakistan.
10. Sessions:
There will be least, three sessions in a year and the interval between them shall not exceed 120 days. it is required to remain in session for at least, 130 days in a year.
11. Dissolution of national assembly:
National assembly can be dissolved by the president on the advise of prime minister but prime minister cannot give advise when resolution of vote of no confidence is under process in the house.
12. Powers and functions of national assembly:
I. Legislation:
The primary function of the national assembly is to make laws. after is passed by the assembly it is sent to the senate for its consideration. if accepted by the senate and finally presented to the president for approvals.
II. Amendment in the constitution;
National assembly has the power to amend the constitution by the two third majority votes of its total membership.
III:Administrative:
National assembly has control over administration. it control the leader of the house and ministers.
The following methods are adopted to control the administration.
Ø The members of national assembly can put questions to the minister of the concerned department.
Ø Every member has right to move motion. Such event which are most important and relate to public brought to the government's notice.
Ø National assembly can pass a resolution to express its view over any important matter.
Ø National assembly can pass a vote of no-confidence against the prime minister.
Ø National assembly can criticize the policies the federal government.
Ø Besides criticism and questions the assemly can vote of censure against administrative acts.
IV. Financial affairs:
v The budget is prepared under the supervision of the national assembly.
v National assembly gives its approval in all tax matters.
v National assembly gives its approval on the expenditures.
v Money bills always originate in the national assembly.
v National assembly has power to criticizen and discuss the budget when it is prepared.
V. Electoral functions:
Ø National assembly elects it leader of the house it means prime minister.
Ø National assembly also elects the president of Islamic republic of Pakistan.
Ø National assembly elects its own speaker and deputy speaker.
VI. Judicial powers and functions:
v National assembly determines the organization of the judiciary and number of judges.
v National assembly is empowered to proceed impoeachment against the president.
VII. Emergency powers and functions:
National assembly can declare emergency in the counter. When there exists a grave danger to security of Pakistan. this is infact power of president in emergency. national assembly can make laws in this regard.
12. Conclusion:
The parliament is the supreme institution of the country. It is a law making body. Its consists of two houses national assembly and the senate. National assembly is directly elected by the people. The term of national assembly is five year. National assembly in Pakistan is more powerful than the senate.
Objectives Resolution, 1949
Q. What was the objective resolution 1949? (1999-A)
Q. Write a note on the objective resolution, 1949. (1997-S) (2000-S) (2005)
Q. What was the objective resolution 1949? has it been acted upon in practice? Explain (2006)
1. Introduction:
Liaquat Ali Khan the first prime minister of Pakistan presented a resloution on 12th March 1949 in the legislature. it is called objectives resolution.
2. Objectives resolution 1949:
The constitution assembly on 12th March 1949 passed objectives resolution. it was first step toward constitutional development. it was passed by majority of the assembly.
3. Importance:
The objective resolution present a model of the combination of the western and Islamic democratic values. it served as preamble of the constitution. 4. Salient/Important features of objective resolution:
Important features of objectives resolution are as under:
(i) Sovereignty Of Allah;
Allah is the sole ruler of the universe. the sovereignty belongs to Almighty Allah.
(ii) Subjugation of Islamic Principles:
It embodied the Islamic conception of the state to serve as the foundation and basis of the Islamic State.. The resolution began in the name of Allah.
(iii) Islanic way of Life:
Efforts will be made to adopt Islamic way of life in the country and opportunities will be provided to Muslims to live according to the teaching of Islam.
(iv) Religious Freedom of Minorities:
All the minorities shall be give religious freedom. Then have right to live according to the teaching og their religion.
(v) Federal Form of Government:
The territories included in Pakistan and those that affiliate with Pakistan will make a Federation.
(vi) Fundamental Rights:
Basic rights will be available to all the people of Pakistan.
(vii) Freedom of Judiciary:
The independence of judiciary was recognized and it was also one of the important objective of the resolution.
(viii) Defence of Pakistan:
It was declared that defence of thje country will make strong.
(ix) Development of Backward Areas:
Special measures will be taken for the development of Backward areas.
(x) Democratic Principles:
Pakistan will be a democratic country.
(xi) Equlity of Citizen:
All citizens will be considerd equal.
5. Counclusion:
Objectives resolutions provided basic principles for constitution making. In the Islamic republic of Pakistan. It was passed by the majority in the Assembly. It is in accordance with the spirit of Islam.
Points Of Difference Between The Constitution Of 1956 And 1962
Q. Compare the salient features of the constitution 1956 and 1962. (2003-A)
1. Introduction:
The constitution of 1956 was generally based on Government of India act 1935 and constitution of 1962 introduced presidential from of the govt.
2. Points of differences between the constitution of 1956 and 1962:
Points of difference between the costitution of 1956 and 1962 are as under:
(i) Form of Government:
Constitution of 1962 introduced presidential foom of Govt.
Constitution of 1956 introduced parliamentary form of Govt.
(ii) Referendum:
Constitution of 1962 introduced an institution known as referendum in the country.
Constitution of 1956 introduced no institution.
(iii) Method of Election:
Constitution of 1962 introduced indirect election.
Constitution of 1956 introduced direct election.
(iv) Islamic Institutions:
Constitution of 1962 introduced two Islamic institution i. e advisory council of Islamic ideology and Islaimc research institutions.
There was no such institute in the constitution of 1956.
(v) Supreme judicial council:
Constitutions of 1962 introduced a new institution supreme judicial council.
There was no such institution in the constitution of 1956.
(vi) Executive Powers:
Most of the executive powers vested in the president under the 1962 constitution.
Most of the executive powers were exercised by the prime minister under the constitution of 1962.
(vii) List of Subjects:
Constitution of 1962 provided only two list of subject’s i. e central and provincial.
Constitution of 1956 contains three lists of subject i. e federal, provincial and concurrent matter.
(viii) Presidential Powers:
Under the constitution of 19622 president had great power.
In the constitution of 1956 the powers were reasonable.
3. Conclusion:
Both of the constitution were different in nature. The constitution of 1956 introduced parliamentary from of Govt. while constitution of 1962 introduced presidential form of Govt. However there were some similarities between these constitutions too.
Powers and A Function of the president
Q. Write a comprehensive note on the powers and postition of president of Pakistan under the constitution of Pakistan 1973?
(1994/A) (1997/S) (2004/S)
1. Introduction:
In the consistution of 1973 parliamentary system was imtroduced in the country. the head of the state is called president. he runs the busines of the state through the prime minister.
2. Relevant provisions:
Artical 54, 58-2B, 56-1, 58-1, 75, 89, 45, 232-235, 153, 155, 213-221, 101, 92, 91 2(a) 213, 243, 242, 156, 160, 243(a) 243-2.
3. Constitutional position of the president:
The president is only a constitutional head of the state. the constitution declares that the president shall act in accordance with the advice of the prime minister.
4. Powers and functions or duties of president of Pakistan:
I. Legislative powers and functions:
v The president has power to summon either or both houses of parliament in a joint sitting to meet at such time and place as he thinks fit.
v The president may address either house of the parliament and may require the attendance of all members for the purpose.
v The president has right to speak in parliament.
v The president of Pakistan may dissolve the national assembly at his own discretion:
v The president is empowered to promulgate ordinaces.
v The president is empowered to hold referendum if the there is matter of national importance.
v The president is empowered to appoint care-taker cabinet.
II: Judicial powers and functions:
Ø Chief Justice of Supereme Court of Pakistan is appointed by the president.
Ø The president appoints each judge in the supreme court of Pakistan.
Ø Chief Justice of high court is appointed by the president of Pakistan.
Ø The president makes appoinment of each judge in high court.
Ø The president is empowered to appoint additional judge of high courts.
Ø The president determines and approves the salaries of judges of Supreme Court.
Ø The president can condone or reduce the punishment given by the courts.
Ø The president can transfer the judge of one high court to another high court in trhe country.
III: Foreign affairs:
v The president has the power to settle the foreign affairs.
v The president appoints the ambassadors.
v The president appoints the representative in united nation.
IV. Executive powers and functions:
Ø The president is empowered to proclaim emergency in the country
Ø President appoints the governors of provinces.
Ø Attorney general of Pakistan is appointed by president.
Ø He appoint the member of national finance commission.
Ø The president appoints the members of council of Islamic ideology.
Ø The president appoints the member of council of common interest.
Ø The president appoints the member of national economic council.
V. Military Powers:
v President of Islamic Republic of Pakistan is empowered to declare war.
v President plays an important role in the settlement of peace.
v Presidents appoints the chief of Army staff, chief of the Cheif of navel staff and air force of Pakistan.
v President can send the army for the help of other countries and in untied nations.
5. Conclusion:
The president of Islamic republic of Pakistan isa the constitutional head of the state. he is elected by the joint session of the parliament. he is elected for the period of 5 years. the president runs the business of the state through prime minister. he can dissovle the national assembly.
Q. Explain the role of preamble and role in the constitutional interpreation (2003/A)
1. Introduction:
Preamble is the introductory part of a statue or act of statue or act of parliament which states the intent and reasons of law. it indicate the principles as guidelines by the framers of the constitution. it is not the part of the constitutions as article. it is merely a statement affined to statute indicating the principles used as guidelines by its framer.
2. Meaning:
Osborn's concise law dictionary:
The recitals set out in the beginning of a statute showing the reason for the act.
3. Preamble of the constitution:
The constitution of 1973 of Islamic Republic of Pakistan opens with a preamble. it is not the part of the constitution but a key to understand the constitution.
4. Nature of preamble:
Preamble is not legally enforceable. it states principles and brief statement. all the principles laid down in the preamble find expression in the enactment and provides guiding light true appreciation and understanding of document.
5. Significance of preamble in the constitution:
Preamble helps in interpreting the provisions of the constitution. it can be looked when some article is ambiguous. it also explain the object of the constitution.
6. Principles of the preamble:
Following principles are embodied in the constitution of Islamic republic of Pakistan.
(i) Sovereignty:
The sovereignty over entire world belongs to Almighty Allah and also in Pakistan the first sovereign in God and the powers received from him as delgatee or a trustee is to be exercised by chosen representatives of the people.
(ii) Federation:
The constitution says that Pakistan shall be federal state with autonomous unit.
(iii) Democratic state:
Pakistan is a democratic state. the preamble declares that 'state shall exercise its power and authority through chosen representatives of the people" and " where in the principles of democracy, freedom, equality, tolerance as enumerated by Islam shall be fully observed.
(iv) From of Government:
Case law
P.L.J. 2005 SC 1241
Held constitution of Pakistan does not provide purely parliamentary from of gov't according to west Minister modern instead Pakistan has evolved its own political system so as to suit political condition found here.
(V) Islamic injections:
Under the constitution of Pakistan Muslims shall be enable to order their lives in the individual and collective spheres in accordance with the Quran and Sunnah. Quran and Sunnah shall be the basic source of law and all laws existing in Pakistan shall be made in conformity with the principles of Islam.
(vi) Fundamental rights:
The constitution of Islamic republic of Pakistan provides the fundamental rights to its citizen.
(vii) Integrity of Pakistan:
The preamble of constitution declares that "wherein the integrity of the territories of the federations, etc, sovereign rights on the land sea and air be safeguarded."
(viii) Equal rights and protection to minorities:
The minorities as citizens of Pakistan have equal rights and protection. the preamble proclaims that "Adequate protection. The preamble proclaims that legitimate interests of minorities and of the backward and depressed classes".
(ix) Independence of Judiciary:
Independence of Judiciary is basic principles of the constitutional system of Governance. independence of Judiciary is guaranteed by the constitution.
(x) International peace, prosperity and happiness of humanity:
Preamble says that" so that the people of Pakistan may prosper and attain their rightful honoured place amongst the nations of the world and make their full constitution towards international peace and happiness of humanity.
7. Conclusion:
At the end, i can conclude that preamble is introduction of an enactment. Although it is not integral part of the constitution but it explains introduction of Islamic republic of Pakistan.
Preamble is the introductory part of a statue or act of statue or act of parliament which states the intent and reasons of law. it indicate the principles as guidelines by the framers of the constitution. it is not the part of the constitutions as article. it is merely a statement affined to statute indicating the principles used as guidelines by its framer.
2. Meaning:
Osborn's concise law dictionary:
The recitals set out in the beginning of a statute showing the reason for the act.
3. Preamble of the constitution:
The constitution of 1973 of Islamic Republic of Pakistan opens with a preamble. it is not the part of the constitution but a key to understand the constitution.
4. Nature of preamble:
Preamble is not legally enforceable. it states principles and brief statement. all the principles laid down in the preamble find expression in the enactment and provides guiding light true appreciation and understanding of document.
5. Significance of preamble in the constitution:
Preamble helps in interpreting the provisions of the constitution. it can be looked when some article is ambiguous. it also explain the object of the constitution.
6. Principles of the preamble:
Following principles are embodied in the constitution of Islamic republic of Pakistan.
(i) Sovereignty:
The sovereignty over entire world belongs to Almighty Allah and also in Pakistan the first sovereign in God and the powers received from him as delgatee or a trustee is to be exercised by chosen representatives of the people.
(ii) Federation:
The constitution says that Pakistan shall be federal state with autonomous unit.
(iii) Democratic state:
Pakistan is a democratic state. the preamble declares that 'state shall exercise its power and authority through chosen representatives of the people" and " where in the principles of democracy, freedom, equality, tolerance as enumerated by Islam shall be fully observed.
(iv) From of Government:
Case law
P.L.J. 2005 SC 1241
Held constitution of Pakistan does not provide purely parliamentary from of gov't according to west Minister modern instead Pakistan has evolved its own political system so as to suit political condition found here.
(V) Islamic injections:
Under the constitution of Pakistan Muslims shall be enable to order their lives in the individual and collective spheres in accordance with the Quran and Sunnah. Quran and Sunnah shall be the basic source of law and all laws existing in Pakistan shall be made in conformity with the principles of Islam.
(vi) Fundamental rights:
The constitution of Islamic republic of Pakistan provides the fundamental rights to its citizen.
(vii) Integrity of Pakistan:
The preamble of constitution declares that "wherein the integrity of the territories of the federations, etc, sovereign rights on the land sea and air be safeguarded."
(viii) Equal rights and protection to minorities:
The minorities as citizens of Pakistan have equal rights and protection. the preamble proclaims that "Adequate protection. The preamble proclaims that legitimate interests of minorities and of the backward and depressed classes".
(ix) Independence of Judiciary:
Independence of Judiciary is basic principles of the constitutional system of Governance. independence of Judiciary is guaranteed by the constitution.
(x) International peace, prosperity and happiness of humanity:
Preamble says that" so that the people of Pakistan may prosper and attain their rightful honoured place amongst the nations of the world and make their full constitution towards international peace and happiness of humanity.
7. Conclusion:
At the end, i can conclude that preamble is introduction of an enactment. Although it is not integral part of the constitution but it explains introduction of Islamic republic of Pakistan.
Election of The President
Q. What are the Qualifications for election to the office of president what is the procedure for his election? (1998/A)
Q. Describe the procedure prescribed in the constitution for electing the president of Pakistan? (2001/A)
Q. What is the prcedure for elething the president of Pakistan under the constitution? (2004/A) (2002/S)
1. Introduction:
The constitution of 1973 is partly parliamentary and partly presidentail in natutre. the president of Pakistan runs the business of the state through the Prime Minister. President represent the unity of the Islamic republic Pakistan.
2. Relevant Provisions:
Article 41, 43, 44, 47.
3. The office of president of Pakistan under the constitution of 1973:
According to the constitution of Pakistan 1973 president is the constitutional head of the state. he is merely constitutional head because responsibility for the administration rests with the prime minister.
4. Qualifications for the election to the office:
a) The candidate for presidency must be a Muslim.
b) He must not be less than 45 years of age.
c) He should not hold any office of profit in service of Pakistan.
d) He must be a person who is otherwise qualified to be elected as a member of national assembly.
e) He should be fit mentally and physically.
5. Mode of election:
A president is elected by the
(i) Members of both houses of parliament.
(ii) member of all the provincial assembly.
6. Re-Election:
A person holding offices as president shall be eligible for re-election of the presaident.
7. Procedure for the election of president:
The president of Pakistan is elected in joint session of parliament. he is elected indirectly now the provincial assemblies have also been include. in the electrion process of the president.
(a) Nominations of Candidate:
On the fixed day any member of any house shall nominate a candidate and will inform the nomination. the nomination papers will be signed by propose. the candidate's willingness certificate will also be field. after examination of the nomination papers Chief Election commissioner will announce the name of candidate.
(b) Voting in parliament:
The Speaker will summons the joint sitting of parilment's two houses on the requisition of election commissioner. the election will be held under secret ballot. all members will be given ballot papers and their names will be entered into counter full of the ballot book. the members will cast their votes by putting mark on the ballet papers.
(c) Counting of Votes:
After the polls the votes in favour of different candidates by the parliament will be counted and the votes polled in provincial assemblies in favour of each candidate shall also be added to them. the vote in provincial assemblies shall be multiplied separately by the number of seat of smallest assembly and then divided by the number of seats concerned assembly. the result of each candidate is announced on the basis of simple majority by adding the votes in senate and provincial assemblies. the candidate who secured the majority is declared successful.
(d) Other for the office of president:
Before entering into the office the candidate shall take oath for the office of president before Chief Justice of Pakistan.
8. Tenure:
The tenure of the president is five years from the day he enters upon his office.
9. Resign of president:
The president can resign before the completion of tenure. He may resign from office by writing addressed to the speaker.
10. Restrictions:
The presidents shall not hold any office of profit. He shall not be a candidate for election to any assembly and if a member of any assembly is elected as president, his seat shall stand vacant on the day he enters upon his office.
11. Acting President:
If the post of president is vacted by his resignation, dismissal, illness, long leave, or foreign tour then the chairman of the senate will be acting president.
12. Impeachment of president:
An impeachment can be moved in the parliament when there is an allegation of infringement of the constitution, or corruption, or he becomes unable to perform his duties due to mentally and physically. according to the procedure, no less than one-half members of any two houses may send a written notice to the speaker or chairman. A copy of impeachment alongwith the list of allegation is sent to the president. on the receipt of the notice speaker, summons the joint session of the parliament within seven to fourteen day and the president is given full opportunity to defend the allegations. after hearing in the parliament of the two third majority of the two houses caste votes in favour of the resolution then president has to leave the post.
13. Grounds for removal of president:
Under the following grounds the president may be removed from his office.
(i) Physical incapacity.
(ii) Mental incapcity.
(iii) Violation of the condtitution.
(iv) Gross misconduct.
14. Conclusion:
The constitution of 1973 parliamentary system of government was introduced in the country. President is the head of the state. He is elected by the parliament so his election is indirect. His tenure of office is five years but he can resign from his office. The procedure of his election is difficult and complicated.
Salient Features Of Constitution Of 1956
Q. Discuss the salient features of the late constitution 1956 of the Islamic republic of Pakistan. (1995-A) (1997-A)(2000-A)
Q. Describe the salient features of the constitution of 1956 and the reasons for its failure. (1995-S)
Q. Discuss salient features of 1956 constitution. (2001-A) (2004) (2005)
1. Introduction:
When Pakistan came into being, the Government of India act 1935 was adpoted as an interim constitution with changes made to meet the requirements of the new state of Pakistan.
2. Contitution of 1956:
The constitution of 1956 was put in March 23 1956 and was abrogated because it could not operate smoothly.
3. Salient features of the constitution of 1956:
The salient features of the constitution of 1956 are us under:
(i) Nature:
The of the constitution of 1956 is fundamentally British.
(ii) Uni-Cameral Legislature:
The central legislature consisted on one house only which was called the national assembly. no second house was there.
(iii) Federal system:
According to the constitution of the federal system was introduced in the country.
(iv) Parliamentary system:
The constitution of 1956 provided parliamentary form of Govt. the prime minister enjoyed more powers than president.
(v) Written:
The constitution of 1956 is written in form. it consistued 13 chapter, 234 sections and 5 schedules.
(vi) Freedom of judiciary;
The constitution of 1956 recognized the independence of judiciary. the supreme court of Pakistan was entitled to explain and interpret the constitution.
(vii) Fundamental Rights:
Fundamental rights of the people were guaranteed in the constitution and these were to be protected by the courts of law.
(viii) Rights of Minortities:
The constitution of 1956 protects the rights of minorities so that they may perform their religious obligation freely.
(ix) Supremacy of Islamic laws:
In the constitution of 1956, Shariah was declared the basis for legislative system of Pakistan.
(x) Directive principles of the state policy:
The constitution laid down certain directive principles of state policy for the guidance of the Government. they would serve simply as ideals which the state should strive to acieve.
(xi) Emergency powers of the president:
In the constitution of 1956 it was the discretion of the president to declare the emergency.
(xi) Emergency powers of the president:
In the constitution of 1956 it was the discretion of the president to declare the emergency.
(xii) Official Language:
Urdu and Bangla were made official languages of Pakistan. it was also declared English to remain as office language for a maximum period 25 years.
(xiii) Name of The country:
The country was named as "Islamic republic of Pakistan" in the constitutio of 1956.
(xiv) Islamic provisions:
The objectives resloution was included as a preamble of the constitution. Islam was the state's religion.
(xv) Lengthy constitution:
The constitution of 1956 was a lengthy one. the reason for its being lengthy was that the framer not only framed the fundamental principles but administrative details were also given.
(xvi) Party rigid:
The constitution of 1956 is partly rigid and partly flexible. the method of amendment was not difficult.
(xvii) Presidential form:
The constitution of 1956 adopted certain features of presidential from of Government.
(xviii) Direct election:
In the constitution of 1956 the method of direct election was apopted in the country.
(xix) Single citizenship:
There was only single citizenship in the country.
5. Causes for the failure of 1956 constitution:
The constitution of 1956 was faild because it could not operate smoothly and the spirit of the constitution was not respected by the rulers of the country.
(i) Lack of leadership:
Lack of leadership also played its role in the failure of the constitution.
(ii) Method of election:
The method of election which was adopted was falty. it was not finally decided on electorate issue.
(iii) Leak of political training:
there was lack of political training in the country. they type of democracy introduced by the constitution of Pakistan was aline to the people.
(iv) Role of political parties:
The role of political parties were not healthy as well as they were not well ordered and disciplined.
(v) Lack of state parliamentary system:
The parliamentary system was not well developed in the country because it was not based upon the principles which presence would create a democratic society.
(vi) Non-Existence of economic equality:
Non-Existence economic equality in the country was also the main cause of the failure of the constitution.
(vii) Weakness of the constitution:
While drafting the constitution, the backwardness of Pakistan was not taken into account but the circumstances of the land of the foreign reulers were kept.
(viii) Undue interference of the head of the state:
Undue interference by the head of the state with the ministers and with the political parties resulted the failure of the constitution.
(x) Feudalism:
The attempt to abolish feudalism was not at all made in the constitution of 1956.
6. Conclusion:
Constitution of 1956 was enforced on 23 March 1956. it provided parliamentary from of Government. It was republic in character. President was elected in the joint session of national assembly and provincial assemblies. The constitution was abrogated on October 8 1958 beacuse it could not operate in the country. He has such powers and function as are conferred on him by the constitution and law.
Salient Features Of Constitution Of 1962
Q. Enumerate the Salient features of the constitution of 1962. (1998-A0 (2000-A)
Q. Describe salient features of 1962 constitution. (2002-S) (2004-S) (2005) (2006)
1. Introduction:
The 1962 constitution was drefted by a term appointed by Ayub Khan. All work was done secretly and then all of sudden constitution was enfore in the country.
2. Constitution Of 1962:
The constitution of 1962 was enforced on june 8, 1962. This constitution was forcibly given to the people.
3. Salient Features Of 1962 Constituion:
(i) Written Constitution:
The constitution of 1962 consists of 250 section and 3 schedule. It was in written form.
(ii) Democratic Islamic Requblic:
Pakistan was declared Democratic Islamic Republic.
(iii) Islamic Ideology Council:
The constitution of 1962 provided for the establishment of Islamic ldeology Council.
(iv) Federal State:
The constitution of 1962 established a Federation of Pakistan with two provinces of East Pakistan and West Pakistan.
(v) Rigid Constitution:
The constitution of 1962 was a rigid constitution. The method of amendment was very difficult.
(vi) Fundamental Rights:
The constitution of 1962 grants certain fundamental rights to the citizens of Pakistan. These are basic human rights which cannot be taken away even by legislation in normal circumstanvec.
(vii) Referendum:
The constitution of 1962 has introduced a new institution of referendum.
(viii) Indirect Election:
Under the constitution of 1962 the method of direct eletion by adult Franchise has been abolished and method of lndirect Election was adopted.
(ix) Presidential Form of Government:
The constitution of 1962 provde presidential form of Goverment in the country.
(x) Premble:
The objective resolution of 1949 was included as a preamble in the constitution of 1962.
(xi) Uni-Cameral:
The constitution of 1962 adopted single house parliament known as National Asseembly.
(xii) Basic Democracies:
The new system of basic democraciec was introducd in the constitution of 1962. the Elected Basic Democrats members constitution an Electoral College who elected the president.
(xiii) Independence of Judiciary:
The 1962 contitution gave many powers to the Judiciary and it recognized I ndependence of Judiciary.
(xiv) Rights of Minorities:
Minorities were given right and these rights were also protected by the contitution.
(xv) Islamic way of Life:
The Shrish was declared the basis for the legislative system of Pakistan. it was declared that Islamic way of life shall be adopted.
(xvi)Principles of Policy:
The principles of policy were incorporated int constituion 1962.
(xvii) National Language:
Urde and Bangle were declared two national languages of Pakistan.
(xviii) Elimination of non-Islamic practice:
All those practices which were contrary to Islamic teaching such as gambling, prostitution, intimidation and adultery would be eliminated from the society.
4. Causes for Failure of 1962 constitution:
Causes for failure of 1962 constitution are as under.
(i) Constitution given by one Man:
The constitution 1962 was given by one man. it was forcibly imposed on the country.
(ii) Presidential Dictatorship:
The constitution of 1962 set up presidential dictorship in the country resultantly it was failed.
(iii) Absence checks and balances:
The system of cheeks and balances was about in the constitution of 1962.
(iv) Indirect Elections:
The method of elections in the constitution of 1962 was indirect and not proper for the country like Pakistan.
(v) Lack of Provincial Autonomy:
Provines were not given autonomy. The center was more powerful. This clash of powers failed the constitution.
(vi) Negation of fundamental rights:
In the original constitution there was absence of the concept of the fundamental rights but it was included late on.
(vii) Political Causes:
There were many political causes for the failure of the constitution for example non-existence of political consciousness as well as negative attitude of political parties.
(viii) Negation of Islamic ideology:
The 1962 constitution promised to propagate an Islamic way of life in Pakistan so that Muslim could proceed with their lives according to Holy Quran and Sunnah but practically it was failed.
(ix) System of Basic Democracies:
The constitution of 1962 introduced a system of basic democracies but this was most complicated and undemocratic.
(x) Unjust Distribution of powers between center and provinces:
The distribution of powers between provinces and center was not just.
Conclusion:
Constitution of 1962 introduced presidential government in the country. it provided the dictatorial powers and made him the most powerful president. the constitution of 1962 caused dissatisfaction amongst the country resultantly it was abrogated.
Q. Discuss the compsition and role of the senate in Pakistan. (199/A)
Q. Write a detailed note senate under 1973 constitution. (2000/A and (2001/A)
Q. Explain the composition and function of senate under 1973 constitution. (2000/S and 2003/A) (2005)
1. Introduction:
The present constitution of 1973 provides the parlimentary from of government. Artical 50 says that there shall be a Majils-e-Shoora (parliament) consisting of the president and the two houses to be knows as the national assembly and the senate. the senate is the upper house of parliament.
2. Relevant provision:
Article 59, 59, 60, 61.
3. Composition of the senate;
The senate shall consist of 100 members of whom:
(a) Fourteen shall be elected by the members from each provincial assembly.
(b) Eight shall be elected by members the federal administered Tribal Areas in the national assembly.
(c) Four shall be eleted from federal capital in such a manner as the president may, by order prescribe.
(d) Four woman and four member by each provincial assembly to represent ulema, technocrats, and other professional.
3. Qualification for the member:
(i) Citizen of Pakistan:
He should be citizen of Pakistan.
(ii) Age:
He should not be less than thirty year of age.
(iii) Mentally fit:
He should be mentally fit.
(iv) Not insolvent:
He should not be insolvent.
(v) Not hold any office of profit:
He should not hold any office of profit in the service of Pakistan.
4. Procedure for election:
Members of the senate are elected in accoedance with system of proportional representation by means of single transferable vote. The device of representation by single transferable vote has been adopted for election to the senate in order to give proportioanl representatinn to the various parties so that all parties may also be represented and have a share in political life of the country.
5. Term of the senate:
According to the constitution the senate cannot be dissolved. The term of its member shall be six year.
6. Restrictions:
The candidate can not be member of both houses at a time and has to resign in one house.
7. Privileges of members:
Members of the senate have followinng privileges:
(i) Freedom of speech:
The members have full freedom of speach in the house.
(ii) Not answerable to any court:
No member is liable to any proceeding in any court for anything said in the house.
(iii) Salary and allowances:
The members of the senate are paid salary and allowances.
(iv) Accommodation:
The members are given free accommodation.
8. Summoning and prorogation of session:
The president of Islaimc republic of Pakistan from time to time summon the senate to meet at such time and place as he thinks fit and may also prorogate the same.
9. Voting and quroum:
The quroum shall be one fourth of the membership and all decision shall be made with majority vote.
10. Chairman and deputy chairman of the senate:
The senate shall elect from amongst its members a chairman and a deputy chairman. they -shall take oath of their office. the chairman and deputy chairman can be removed from their office by passing a resolution with the majority vote of total membership of the senate.
11. Power and functions of the senate:
The senate has following powers and funtion.
(i) Legislation:
The senate takes part in law making process. it is most important duty of the parliament. the senate has power to pass a bill or reject by national assembly.
(ii) Administrative:
The senate keeps and watch on the administration. all important appointments are made by the senate.
(iii) Judical:
The senate may make rules for regulating its procedure and conduct of its business. if a person in the service of Pakistan disgraces any member of or creates hurdle in the performance of his duties the member may move privilege motion against such government servant.
(iv) Electoral:
The senate performs electoral functions in many ways for example election of the president Islamic republic of Pakistan.
(v) Education center for politician:
The senate is education center for politician Pakistan.
(vi) Amendment in the Constitution:
The senate has power to amend the constitution.
(vii) Removal of Grievances of the people:
The senate removes the grievances of the people and discuss their problems.
12. Conclusion:
Senate is the upper house of parliament. It consist of 100 members. It is a continuous body. The members of the senate are elected in accordance with the proportional representation by means of the single transferable vote. The daily sessions of the senate are presided by a chairman. Under the constitution senate cannot be dissolved.
Speaker of National Assembly
Q. Describe the procedure of electing the speaker of national assembly. What are his powers.
(2002/S)
Q. Write a dectiled note on speaker of the national assembly. (1995/A) (1997/A)
1. Introduction:
Speaker is the presiding office of the national assembly. speaker enjoys great respect in the house. In pakistan speaker is impartial person. before the transaction of any business speaker and deputy speaker are chosen by the members of assembly. he has to preside the house and see that the house is properly constitutted before its proceeds to business.
2. Relevant provisions:
Article 53 constitution of Pakistan.
3. Position of speaker under the consitiution of 1973:
Speaker is elected by the house under the constitution of 1973. when assembly is dissolved the speaker is automatically dismissed. speaker possesses many power and allows or disallows motion amendment in a bill.
4. Qualification:
He should be member of national assembly.
5. Procedure of election for speaker:
According to Article 53 of the constitution the speaker and deputy speaker shall be elected in the first assembly session after the general election.
6. Term of office:
Term of office of the speaker is usually 5 years.
7. Other of office:
Speaker shall take oath of office before assembly.
8. Resign from office:
The speaker may, by writing under his hand addressed to the president resign his office.
9. Privileges of Speaker:
Speaker receives quite a handsome emolument. he is also provided with free accommodation, transport and various other facilities.
10. Powers and function of speaker of the national assembly:
Power and functions of speaker of the national assembly:
(i) Judging the validity and money bill:
It is trhe power of speaker to judge the validity of money bill. he decides whether a bill is money bill or otherewise.
(ii) Preside the session of house:
It is the most important duty of the speaker to preside over the house.
(iii) Maintenance of Disciplines:
Speaker has power to maintain the discipline of the house.
(iv) Casting vote:
Speaker has no right to vote but when there is equality votes he can use his vote.
(v) Grant permission of questions:
Speaker is empowered to grant permission of question to members in the house.
(vi) Approves or over rules adjournment motion:
Speaker can approve or over-rule the adjournment motion in the house.
(vii) Acting president:
In absence of chairman of senate. speaker is officiating president.
(viii) Summon the session of national assembly:
Speaker is empowered to summon the session of national assembly on the request of one forth of total members of the assembly.
11. Nature of office speaker:
The office of the speaker is permanent in nature and when the national assembly is dissolved the will continue to hold his office till the new assembly is elected and chooses its speaker.
12. Removal or termination of speaker:
The assembly shall give the notice of resolution of non confidence seven days earlier. if the resolution is passed by the majority of the total membership, the speaker shall cease to hold the office and when such resolution is under process the speaker can not preide over the house.
13. When office of speaker is vacant:
Speaker office may fall vacant in the following situations.
(i) If he resigns.
(ii) He loses his seat assembly.
(iii) Assembly passes a resolution for vote of non confidence against him.
In the absence of speaker, the deputy speaker will be presiding officer.
14. Conclusion:
Speaker is the presiding officer of national assembly. he is elected by the house. he is not a party man. his most important function is to preside over the assembly and maintain discipline in the house.
Supreme Court of Pakistan
Q. Describe the Jurisdiction of Supreme Court of Pakistan. (2000-S) (2004)
Q. Describe the composition of supreme Pakistan. What are the necessary qualifications for the appointment of the judges and chief justice of Supreme Court of Pakistan? what is the extent of jurisdiction of supreme court of Pakistan? (1995-A)
Q. Discuss different jurisdictions of Supreme Court of Pakistan. (2003-A)
1. Introduction:
The Supreme Court is the highes court of Pakistan. it is both a constitutional and an ordinary court of law. All decision of supreme court of Pakistan are binding on all the courts in Pakistan. the principal seat of supreme court in Islamabad.
2. Relevant Provisions:
Article 176 to 191.
3. Composition:
The supreme court shall consist of a Cgife Justice and so many other Judges as may be determined by the act of Parliament.
4. Qualification For Judges:
Aperson can be appointed be appointed a judge of Supreme Court if:
(a) He is citizen of Pakistan.
(b) He has been a High Court Judge for at least five years.
(c) He has been an advocate of Hight Court for fifteen years.
5.Oath Of Office:
Before entering upon the office the Chief Justice shall take oath of his office before the President of Pakisnt and other Jydges shall take oath of their office before the Chief Justice of Pakistan.
6. Retiring Age:
The age ofretirement for the Judge of the Supreme Court of Pakistan is 65 years.
7. Acting Chief Justice:
In the abesnce of Chief Justice the President of Pakistan appoints the senior most judge to act as Chief Justice.
8. Adhoc. Judge:
The Chife Justice of Pakistan may request the president of Pakistan to appoint temporarily the number of Judes in the Supreme Court. An adhoc Jdeg so appointed shall have same power and Jurisdiction as the Supreme Court.
9. Appointment:
The Chief Justice shall be appointed by the President while the other Judge shall be appointed by him after consulation with the Chief Justice.
10. Powers and functions of supreme court:
(i) Appellate jurisdiction:
The supreme has appellate jurisdiction to hera and determines appeals from judgement, decree, final orders or sentences of a high court.
(ii) Orignal jurisdiction:
The original jurisdiction means that the supreme court can be approached with regard to such matters without contacting any other court of law. the supreme court has also original jurisdiction in the enforcement of fundamental rights.
(iii) Advisory jurisdiction:
If at any tijme president considers that it is destrable to obtain the opinion of the supreme court on any questions of law of public importance he may refer the question to the supremre court. the supreme court shall consider such a question and reports its opinion to the president who may or may not accept it.
(iv) Revision power:
The supreme court has power to review any judgement of any order made by it.
(v) Proctection of the fundamental rights:
The supreme court protects the fundamental rights of the citizen.
(vi) To issue direction:
According to Artical 187 the supreme court has power to issue such direction as may be necessary for doing complete justice in any case or matter pending befor it.
(vii) Interpretation of the constitution:
The supreme court is empowered to interpret the constitution of the Islamic republic of Pakistan.
(viii) Rules and regulations:
The supreme makes rules regulating for its practice and procedure.
(ix) Guardian of the constitution:
The supreme court is the guardian of the constitution.
(x) Sou Motu jurisdiction:
The supreme court has suo motu jurisdiction.
(xi) Transfer of cases:
Supreme Court can transfer any case appeal or other proceeding pending before any high court to another high court.
11. Binding effect of decisions of Supreme Court:
The decisions of supreme court of Pakistan have binding effect on the subordinate courts.
12. Conclusion:
The Supreme Court is the highest court in Pakistan. It consist of chief justice and other judges who are appointed by the president of Pakistan.
Supreme Judicial Council
Q. Write a comprehensive note on supreme judicial council. (1998-S) (2002-S)
Q. What is supreme judicial council? Discuss its composition and function under the constitution of 1973. (1997-S)
Q. What are the functions of the supreme judicial concuil. how is it constituted under the present constitution. (1997-A) (1995)
Q. What are the powers and functions of supreme judicial council how it is constituted.
1. Introduction:
Supreme judicial council is a unique institution. it makes enquires against the judges of high court and also the judges of supreme court of Islamic republic of Pakistan. A judge of high court or the Supreme Court can be removed on the report of supreme judicial council.
2. Relevant Provisions:
Article 209 to 211.
3. Scope:
The judges of supreme courts are accountably in accordance with the article 209 of the constitution of Pakistan. an individual has not right to move against a judge in the supreme judicial council.
4. Matters which can be enquired by the supreme judicial council:
Supreme judicial council can enquire the matters as under.
(i) The incapacity of a judge to perform the duties of his office properly arising out physical or mentally.
(ii) Misconduct of the judge.
5. Nature of proceeding before supreme judicial council:
The proceeding against a judge of the high court or the supreme court neither criminal nor civil. it is merely an administrative nature proceeding.
6. Modes of proceeding:
Supreme judicial court can take or initate proceeding:
(i) By it self.
(ii) By the reference of the president of Pakistan.
7. Organization of supreme judicial council:
Supreme judicial council consists of the chief justice of Pakistan, the two next most senior judges of the supreme court and the two most senior judges of high court.
8. Powers and functions of supreme judicial council:
(i) Making of enquiry:
The primary function of the supreme judicial council is to make enquiry into the conduct of a judge of the supreme court of high court. if, on the basis of information received from the council or from any other source, the president is of the opinion that a judge of the supreme court or high court.
(a) May be incapable of properly performing his duties due to physical or mental incapacity.
(b) May have the guilty of misconduct.
the president shall direct the council to inquire into the matter. supreme judicial council will undertake such an enquiry and submit a report on the matter, by majority of its members, declaring that the judge is incapable of performing his duties or has been guilty of misconduct, the president may remove the judge from his office.
(ii) Power to enforce attendance of person:
It is also the function of the council and its power of issuing directions or orders for securing the attendance of any person or for discovery or production of documents. the orders issued by the council in this connention are enforceable as though they had been issued by the supreme court.
(iii) Code of conduct:
Supreme judicial council provide a code of conduct for the judges of the supreme court and high court.
(iv) Contempt of court:
The law of contempt of court is also applicable to the council.
9. Bar of Jurisdiction:
The actions taken or reports made by the council shall not be questioned in any court of law.
10. Conclusion:
supreme judicial council is an important constitutional institution. the president of Pakistan can only remove a judge only if the supreme judicial council so recommends.
The Prime Minsiter of Pakistan
Q. Write a comprehensive on the prime minister of Pakistan. (1995/A) (2000/A) (2004)
Q. Discuss the Procedure for the election of the prime minister and discuss for passing resolution for vote of non-confidence against the prime minister. (1997-A) (2000-S)
Q. Explain the prime minister with relation to his qualifications appointment and removal from his office. (2003/A)
Q. How the prime minister is elected? Explain his constitutional position and functions and procedure for his removal? (2005/s)
1. Introduction:
In the parliamentary system prime minister is the head of the government and the whole system of the state revoles round him. he is the leader of majority party in the parliment and he is the source of power. he is more power full than the president.
2. Relevant provisions:
Article 46, 91, 95 of the constitution of Pakistan.
3. The office of the prime minister according to the constitution of the 1973:
The prime minister under the constitution of 1973 is the real exrcutive and head of the government.the president is merely a constitutional figure head who acts on the advice of the primie minister. infact he is the real ruler of Pakistan.
4. Qualification/characterisitics for the office of prime minister:
Ø He should be the citizen of Pakistan.
Ø He should be the member of national assembly.
Ø He should not hold any office of profit in the service of Pakistan.
Ø He should believe on ideology of Pakistan.
Ø He should be mentally and physically fit.
5. Nomination of the prime minister:
The president in his discretion appoints from amongst the member of national assembly who has command the majority of members in the house.
6. Election of the prime minister:
The members of the national assembly elect prime minister, the leader of the majority party. Assembly in its first session elects speaker and deputy speaker, and then the prime minister. The prime minister shall be elected by the majority vote of the total membership of the national assembly.
The members of the national assembly elect prime minister, the leader of the majority party. Assembly in its first session elects speaker and deputy speaker, and then the prime minister. The prime minister shall be elected by the majority vote of the total membership of the national assembly.
7. Other of the prime minister:
After election, the prime minister takes the oath in the presence of the president. he declares to be Muslim, and the belief in the finality of Prophet (S.A.W), promises to act upon the Islamic ideology, to give presence to national interest, protect the constitution, and be loyal with the country.
8. Allowances and salary of the prime minister:
Prime minister is given different allowances and salary of RS. 56 thousands.
9. Team of the office:
The tenure of the post of the prime minister is five years.
10. Powers and funtions of the prime minister:
The powers and functions of the prie minister are as under.
(i) Chief Advisor of the president:
The prime minister is the Chief advisor of the president. the president performs his duties with the consultation of the prime minister.
(ii) Formation of the cabinet:
The prime minister, after taking oath, select hs cabinet. every minister, individually and cabinet as whole are responsible for their acts to the parliament.
(iii) National leader:
The prime minister is a national leader. he leads the nation and organizes the public opinion in favour of his party.
(iv) Leader of the cabinet:
The prime minister is the leader of the cabinet. all the minister work under the supervision of the prime minister.
(v) Leader of the house:
The prime minister is the leader of the national assembly. his proposals are honoured in the house. he expresses his views in the assembly.
(vi) Power to confer titles and awards:
The prime minister has power to confer titles and awards to those who show excellent performance in different field of life.
(vii) Power of appintment:
The prime minister has power to appoint the high ranking officials with the approval of the president of Islamic republic of Pakistan. he appoints diplomats, ministeral staff and Judges of the supreme courts and the high court. he also appoints the members of national finance commission etc.
(viii) Financial powers:
The prime minister also performs finance matters. the budget is prepared under his supervision.
(ix) Public welfare:
The prime minister works for the public welfare. he takes every possible step to improve the life style of the people of his country.
(xi) Power of Legislation:
The prime minister takes part in legislation. all proceddings are conducted with the consent of the prime minister. he plays a vital role in law making.
(xii) Administrative duties:
The prime minister performs the administerative function. he is responsible for the smooth running of the affairs of the country. he maintains law and order in the country.
(xiii) Defence of the country:
The prime minister is responsible for the defence of the country. he can take step to improve the defence system of the country.
(xiv) Power to dissolve the national assembly:
The prime minister can ask the president to dissolve the national assembly.
(xv) Party head:
The prime minister is the party head. he belongs to party who has majority in the house. he has political his political significance.
(xvi) Power to terminate ministers:
The prime minister it is not satisfied with the function of his minister he can terminate them.
(xvii) Bridge between president and cabinet:
The prime minister is link between president and cabinet. the prime minister is duty bound to inform the president about work f cabinet.
(xviii) Rrepresentative of the nation:
The prime minister is respresentative of the nation in iternational level.
11. Resing of prime misister:
The prime minister may tender his resignation to the president as and when he desires so. after prime minister as resignation all the minister shall cease to hold offices.
12. Termination/vote of no-confidence against prime minister:
Under the present procedure, a resolution for a vote of no-confidence can be moved by not less than twenty percent of the total membership of the national assembly.
13. Acting prime minister:
On the death, sickness leave, resigation or foreign tour of the prime minister the senior minister look after the work.
14. Conclusion:
The prime minister is the real executive of the country. He has strong constitutional position. The prime minister is the Chief advisor of president. He is the leader of the house and elected for the term of 5 years. He can be removed from his office by passing a resolution of vote of non-confidence against him.
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