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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 contitution:
The constitution of Pakistan 1973 is regarderd as an Islamic constitution no law repugnant to Islam shall be
enacted.
(xxi) Hight 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.
3. Conclusion:
To conclude, i can say that the constitution of Islamic republic of Pakistan 1973 is democratic, parliamentary
with bicameral legislature. it is the constituotin of Elected people. all major political parties of Pakistan
unanimosly accpted it.
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 can not be easily amended. there is is righd and difficult procedure
to amend the constitution and constitution has been made inflexible. 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.
4. Case law:
Muhammad Bachal Memon v/s Government of Sindh P.L.D 1987 Kar. 296.
It was held that parliament is supreme authority to make any amendment in any part of the constitution. there
is no provision in the constitution which puts restrains on its power in this behalf.
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.
Case Law
P.L.D 1998 SC 1263
It was held that the powers bestowed upon the parliment by the constitution does not include the power to
destroy or abrogate the constitution been referred to as its basic structure or essential features.
8. Duties of the court in regard amendments:
The court can not declare any provision of the constitution to be invalid or repugnant on the grounds that it
goes beyond the mandate given to the assembly or it does not fulfil the aspirations of the people. the courts are
duty bounds to enforce and interept 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:
To conclude I can say that; 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.
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.
4. Conclusion:
To conclude I can say that; the 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.
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:
To conclude I can say that; 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 electiion in the country. he has such
powers and functions as are conferred on him by the constitution and law.
Chief Minister
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 resloution for a vote of non-confidence can be moved against minister by not less than twenty precent total
membership of the provincial assembly. The resloution shall be voted upon after the expiration of three days
but before seven days from the day on which such resolution is moved. 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 amongsst the provincial assembly members who shall be
appointed by the governor. chief minister and his cabinet collectively answerable to the provincial assembly. he
has the authority to perform his functions either by himself or through his minister.
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.
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:
To conclude I can say that; council of common interest is an important constitutional body. its man object is to
care the common interest of all the provinces. council of common interest is coordinating body between the
provinces and the federation. it regulate policies in relation to matters in part 11 of the federal legislative list.
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) Muslim:
The candidate for presidency must be a Muslim.
(b) 45 Years of age:
He must not be less than 45 years of age.
(c) Should not hold any office of profit:
He should not hold any office of profit in service of Pakistan.
(d) Qualified to be eleted as member of N.A:
He must be a person who is otherwise qualified to be elected as a member of national assembly.
(e) Mentally Fit:
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 eection to any assembly and if
a member of any assembly is eleced 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:
To conclude I can say that in 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.
Emergency Provisions
Q. Discuss the emergency provisions of the constitution with reference to Article 232 of the constitution.
(2003/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 break down 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 secrity of pakistan or any part there of is threatned by
war or external aggression by internal disturbance beyond the power of provincial goyt to contorl. 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 thjat
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 gote of the province can not 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.
Case Law
P.L.D. 1997 lah 38
No constitution breakdown had been shown to exist in the province but resignations of certain ministers and
Advisors form the provincial cabinet were shown on the the record. Such circumstances could be considered
to constitute a situation in which the Govt. of the province could not run in accordance with the constitution
and proclamation under Artical 204 was not justifiend.
(iii) Financial Emergency:
In case the president is satisfied that a situation has arisenwhereby the economic life, financial stability of
credit of Pakistan, or any part there of, is threatened, the may after consulation 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 there of.
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.
Case Law
P.L.D 1977 Kar. 604
It was held that president's power to issue proclamation or revoke proclamation of emergency is not open to
judicial review.
7. Parliament may make laws of indemnity:
Parliament may, however pass a law indemnfying any person in service of the federal or provincial Govt, for
any act done in connection with the maintenance or restoration of order in any part in Pakistan.
8. Conclusion;
To conclude I can say that 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
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:
The shariat court is against Quran and Sunnah or not. if court feels any law is against Quran and Sunnah or not.
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. for the
purpose of Appeal, shariat appellate bench shall be constituted in the supreme court consisting of three
Muslims judges of supreme court and two Ulma shall be appponited for this bench.
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:
To conclude I can say that; 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.
Fundamental Rights
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
condiered null and void. every democratic state recognizes the fundamental rights of its citizens.
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 scope of the constitutional law in Pakistan can only
be determined by objective resolution. 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 labour 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. every religious sect has right to
establish its own educational institutions.
(xvi) Equality of citizen:
All citizens are equal before law and are entitled to equal protection of law. 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. Natrue of fundamental rights:
The fundamental rights are not absoute. 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.
8. Remedies for the enforment of fundamenral right:
Constitution remedy has been provided for the enforcement of fundamental rights. theses rights are enforceable
by the high court and supreme court of Pakistan.
9. Conclusion:
To conclude i can say that fundamental rights are part and parcel of the the constitutional law. there can be no
democartic constitution without it. in the constitution of 1973 fundamental rights have been given. the
fundamental rights safeguard the liberty and rights of the people. the fundamental rights can not be suspended
without applying constitutional methods.
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 hold any office of profit. in service of Pakistan or occupy any other position carrying the right
to remuneration. he 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. no proceeding can be
initiated in any court against the governor and warrant can not be issued against him.
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. according to the Article 129 the
governor shall exercise executive authority in accordance with the constitution.
(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 govrnor can appoint a care taker govt. after consolation with the
president.
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
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 SubContinent.
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 negoiated by successor dominion.
3. Conclusion:
To Conclude I can say that; 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.
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;
To conclude I can say that: 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 says
that state shall enable the Muslims of Pakistan to order their lives individ and collectively in accordance with
the principles and concept of Islam.
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.
(ii)Private bill.
(iii) Money 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.
Case law
P.L.D. 2001. Kar. 415
It was held bill would become law when assented it by the president or the governor as the case may be.
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 assemmbly 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, othewise
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 billand 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:
To conclusion I can say that, 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 houseif 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)
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. now bu constitutional
package the number of national assembly are as under.
Province
Punjab
General seats
Women
148
Total
35
183
Sindh
61
14
N.W.F.P
35
08
43
Balotishtan
14
03
17
Fata
12
Capital
Minorities
Total
75
12
2
10
272
60+10
342
(i) Questions:
The members of national assembly can put questions to the minister of the concerned department.
(ii) Adjournment Motion:
Every member has right to move motion. such event which are most important and relate to public brought to
the government's notice.
(iii) Resolution:
National assembly can pass a resolution to express its view over any important matter.
(iv) Vote of no-confidence:
National assembly can pass a vote of no-confidence against the prime minister.
(v) Criticism:
National assembly can criticize the policies the federal government.
(vi) Vote of censure:
Besides criticism and questions the assemly can vote of censure against administrative acts.
IV. Financial affairs:
(i) Preparation of budget:
The budget is prepared under the supervision of the national assembly.
(ii) Approval of taxes:
National assembly gives its approval in all tax matters.
(iii) Approval of expenditures:
National assembly gives its approval on the expenditures.
(iv) Money bill originate in national assembly:
Money bills always originate in the national assembly.
(v) Power to criticise and discuss the budget:
National assembly has power to criticizen and discuss the budget when it is prepared.
V. Electoral functions:
(i) Election of P. M:
National assembly elects it leader of the house it means prime minister.
(ii) Election of president:
National assembly also elects the president of Islamic republic of Pakistan.
(iii) Election of speaker and deputy speaker:
National assembly elects its own speaker and deputy speaker.
Principles Of Policy
Q. Describe the principles policy given in the constitution.
1. Introduction:
The principles of policies imply the future line of action of the country. the principles of policy themselves are
not rules of law. it is usual in the constitution to instrument set out the aims and objective of the state.
2. Relevant Provision:
Article 31 to 41 of the constitution of Pakistan.
3. What is principles of policy:
According to Dr. K.C Wheer the principles of policy are the manifesto of national objectives and they can not
be challenged in any court of law.
4. Importance of principles of policy:
The principles of policy have great importance because it provide guidance to coming generation.
5. Nature:
The principles of policies are always flexible and they are not of permanent nature.
leisure.
(b) Social Insurance:
State shall provide for all persons, employed in the service, compulsory social insurance.
(c) Basic necessities of Life:
State shall provide basic necessities of life, such as food, clothing, housing education, and medical relief for all
the citizens.
(d) Reduce disparity in trhe income:
State shall reduce disparity in the income and earning of individules.
(e) End of usuary:
State shall discourage usuary system in the country and eliminate it as early as possible.
(IX) Participation of people in armed forces:
State shall enable people from all the parts of Pakistan to participate in armed forces of Pakistan.
(X) Foreifgn relation:
State shall make strong relations with other countries of the world.
(XI) International peace:
State shall play its role in keeping international peace.
(XII) Strengthening bonds with Muslim world:
State shall strengthen bonds with Muslim world and develop friendly relations.
8. Difference between principles policy fundamental rights:
(i) As to enforceability:
Fundamental rights are enforceable by courts.
Principles of policy can not be enforced by the courts.
(ii) As to importance:
Fundamental rights have more importance than principles of policy.
Principles of policy are subsidiary to the fundamental rights.
(iii) As to remedy:
Fundamental rights provide legal remedy:
Principles of policy provide no legal remedy.
(iv) As to right:
Fundamental rights create legal rights.
Principles of policy create no legal right.
(v) As to scope:
Fundamental rights hav3e greater scopoe.
Principles of policy have less scope.
(vi) As to nature:
Fundamental rights are of permanent nature and can taken away by amending the appropriate article.
Principles policy are not permanent. these are dependant on the availability of sources.
9. Conclusion:
To conclude i can say that the principles of policies provide guidance to the state. the principles policy
included Islamic way of life, promotion of local government, full participation of women in national life,
protection of minorities, promotion of social and encomic will being of the people and strengthning the bonds
with the Muslims world.
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.
Senate
Q. Discuss the compsition and role of the senate in Pakistan. (199/A)
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 any thing 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:
(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
The actions taken or reports made by the council shall not be questioned in any court of law.
10. Conclusion:
To conclude I can say that 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.
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. the resolution shall not be voted upon before the expiration of three days, from
the day on which such resolution is moved in the national assembly. in the resolution for vote of no-confidence is passed
by majority of the total membership of the national assembly, the prime minister shall cease to hold office immediately.
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:
To conclude I can say, that 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.
Punjab
297
66
168 Sindh
130
29
124 N.W.F.P
99
22
65 Baluchistan
51
728 Total
577
11
128
3
23