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Showing posts with label Constitution of Pakistan Notes. Show all posts
Showing posts with label Constitution of Pakistan Notes. Show all posts

Wednesday, December 25, 2013

Annual budget statement in Constitution of Pakistan

Annual budget statement

The federal government shall in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expenditure of the federal Government for that year, in this part referred to as the annual budget statement. The annual shall show separately.
The sums required to meet expenditure described by the constitution as expenditure charged upon the federal consolidated fund and
the sums required to meet other expenditure proposed to be made from the federal consolidated fund,and shall distinguished expenditure on revenue account from other expenditure. (Art. 80)

Producer relating to annual budget statement

So much of the annual budget statement as relates to expenditure charged upon the federal consolidated fund may be discussed in, but shall not be submitted to the vote, of the National Assembly. So much of the annual budget statement as relates o other expenditure shall be submitted to the national assembly in the forms of demands for grants, and the assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein. For a period of ten year from the commencing day or the holding of the second general election to the national assembly whichever occurs later, a demand shall be deemed to have been assented to without any reduction of the amount specified therein, unless, by the votes of a majority of the total membership of assembly, its refused or assent to subject to a reduction of the amount specified therein. No demand for a grant shall be made except on the recommendation of the federal government. (Art. 82)


In what financial matters the prior approval of the federal government is required, before introducing such bill in the national assembly?

A money bill

A money bill, or a bill or amendment which if enacted and brought into operation would involve expenditure from the federal consolidated fund or withdrawal from the public account of the federation or effect the coinage or currency of Pakistan or the constitution or function of the state bank of Pakistan shall not be introduced or moved in parliament except by or with the consent of the federal government. (Art. 74).

What is federal consolidated fund and Public Account?


Federal consolidated fund

All revenue receipts received by the federal government, all loans raised by that Government, and all money received by it in repayment of any loan, shall form part of a consolidated fund, to be known as the federal consolidated fund.

Public account

All other money then those mentioned in the list of consolidated fund.
  • received by or on behalf of the Federal Government or.
  • received by or deposited with the Supreme court or any other court established under the authority of the federation.
Shall be credited to the public account of the federation. (Art. 78).


Write a note on the summoning and prorogation of Parliament?

The president may from time to time summon either House or both houses of Parliament in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.
There shall be at least three session of national assembly every year, and not more than one hundred and twenty days shall intervene between the last sittings of the Assembly in one session at the date appointed for its first sitting in the next session. The National Assembly shall meet for not lass than one hundred and thirty working days in each year. (Art. 54)


What right to security of person is provided in the constitution?

Article 09 of the constitution declares that no person shall be deprived of life or liberty saves in accordance with law. This right is the most important of all fundamental rights. It is the basis of the “Rule of Law”.
It declares that a person cannot be deprived of his life or liberty except “In accordance with law”. No person can be arrested, detained, or put under restraint except when a law authoresses such arrest or restriction. It prevents arbitrary interference by the executive with the liberty of individual. If so arrested, he can move the court for a writ of habeas corpus. This right is available to all persons, whether citizen or not.
The first out of twenty rights conceded by the constitution relates to person’s life and liberty. This Article state that life and liberty of all the person in Pakistan shall be sacred and shall not be taken away except in accordance with law authorizing violation of such right under circumstances declared by such law to be appropriate for the purpose.


Saturday, October 5, 2013

Relation between the National Assembly and the Senate

The National Assembly has been granted more power than the powers granted to the Senate.

Responsibility
The Executive is collectively responsible only to the National Assembly and not to the Senate.

Sole Body
The national assembly is the sole body to vote upon the demand for grants of money.

Money bills can be introduced
Money bills can be introduced only in the National Assembly. Conclusion In this way the senate has practically no powers over the money bills.


The Federal Shariat Court

The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Justice Agha Rafiq Ahmed Khan is the current Chief Justice of the court. Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President.
Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately.
The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.


Supreme judicial council, Composition and Powers of Supreme judicial council

Supreme judicial council
The article 209 has been examined by the Supreme Court of Pakistan - The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges.
Composition
The composition of the Council is set out in the constitution as: The Chief JusticeThe two next most senior judges of the Supreme Court of PakistanThe two most senior Chief Justices of the provincial High Courts
Where the council is investigating a member of the council he is replaced by the next most senior judge.
Powers
No judge in Pakistan may be dismissed except by the Supreme Judicial Council. 

Relation between the National Assembly and the Senate

Relation between the National Assembly and the Senate
The National Assembly has been granted more power than the powers granted to the Senate. 
Responsibility
The Executive is collectively responsible only to the National Assembly and not to the Senate. 
Sole Body
The national assembly is the sole body to vote upon the demand for grants of money. 
Money bills can be introduced
Money bills can be introduced only in the National Assembly. Conclusion
In this way the senate has practically no powers over the money bills.

Summoning and Prorogation of National Assembly

Summoning and Prorogation of National Assembly
The procedure regarding summoning and prorogation of the Senate is the same as that National Assembly. In normal circumstances the Senate is to be summoned by the President, and in this case he has the power to prorogue it. However, the Senate can also be summoned by the Chairman if he is asked for by not less than one-fourth members of the senate. In this case the President has no power to prorogue it. In this case the power to prorogue the senate has been given to the Chairman only who has called it into session.
It is envisaged that there shall at least he two session of the Senate every years with an interval of not more than one hundred and twenty days. 

Election of the chairman and deputy chairman, Duties of the Chairman

Before, transacting any business, except the oath taking ceremony, the senate will chose its Chairman and Deputy Chairman among its members. If the office of Chairman or Deputy Chairman becomes vacant, the Senate will elect another member as a Chairman or Deputy Chairman as the case may be. Oath of the office.
It is circumvent upon the Chairman and Deputy Chairman to take an oath before the Senate before entering upon their offices in the form set out in the Third Schedule.

Vacancy in the office

The office of the Chairman or Deputy Chairman may become vacant if.
  • He resigns his office,
  • He ceases to be a member of the senate,
  • He is removed from the office.

Duties of the Chairman under constitution

The duties of the Chairman are the same as of the Speaker. Further he is to act as President of the State when the office of President is vacant, or the President is absent or is unable to perform his functions due to any reason. Chairman or Deputy Chairman is not provided at a meeting of Senate when a resolution for his removal is being considered.

Term of office

The term of office of the Chairman or the Deputy Chairman is three year from the day of on which he enters upon his office.

Resignation

The Chairman can resign his office by writing under his hand addressed to the President. The resignation of the Deputy Chairman is to be addressed to the Chairman.


How chief election commissioner can be appointed and removed from the office?

How chief election commissioner can be appointed and removed from the office?
The chief election commissioner is appointed by the president in his direction and no person shall be appointed as commissioner unless he is, or has been a judge of the Supreme Court or is, or has been, a judge of the high court. But it is a condition precedent that the judge of high court must be such who can be eligible for appointment as judge of Supreme Court as provided under article 177, clause 2(a). it means that the judge of high court must have got the standing of five years for appointment. Before entering upon office the commissioner shall make before the chief justice of Pakistan oath in the manner prescribed in schedule-III. The term of the office of the commissioner is three years provided that the national assembly may be resolution extent the term of the commissioner by a period not exceeding one year.
Removal of the chief election commissioner
The commissioner shall be removed from office in the manner prescribed under article 209 says that on information received from the supreme judicial council or from any other source the president is of the opinion that the chief election commissioner.. 
(A). May be incapable of properly performing the duties of his office by reason of physical and mental incapacity.
(B). May have been guilty of misconduct…
The president shall direct the council inquire into the matter, and when after inquiry the council report to the president that, 
(A). The chief election com: is incapable of performing the duties of his office, or has been guilty of misconduct.
(B). He should be removed from office.
The president may remove the chief election commissioner from office.

How chief election commissioner can be appointed and removed from the office?

How chief election commissioner can be appointed and removed from the office?
The chief election commissioner is appointed by the president in his direction and no person shall be appointed as commissioner unless he is, or has been a judge of the Supreme Court or is, or has been, a judge of the high court. But it is a condition precedent that the judge of high court must be such who can be eligible for appointment as judge of Supreme Court as provided under article 177, clause 2(a). it means that the judge of high court must have got the standing of five years for appointment. Before entering upon office the commissioner shall make before the chief justice of Pakistan oath in the manner prescribed in schedule-III. The term of the office of the commissioner is three years provided that the national assembly may be resolution extent the term of the commissioner by a period not exceeding one year.
Removal of the chief election commissioner
The commissioner shall be removed from office in the manner prescribed under article 209 says that on information received from the supreme judicial council or from any other source the president is of the opinion that the chief election commissioner.. 
(A). May be incapable of properly performing the duties of his office by reason of physical and mental incapacity.
(B). May have been guilty of misconduct.
The president shall direct the council inquire into the matter, and when after inquiry the council report to the president that, 
(A). The chief election com: is incapable of performing the duties of his office, or has been guilty of misconduct.
(B). He should be removed from office.
The president may remove the chief election commissioner from office.

Jurisdiction of the high court and The writ jurisdiction

Jurisdiction of the high court
The jurisdiction of high court is defined in the constitution. But, unlike the Supreme Court, its jurisdiction extends to both judicial and administrative matters. It is mainly because a high court is the highest court in the province, and supervises the work of the subordinate courts in it.
The writ jurisdiction 
flows from the constitution, while its appellate jurisdiction in civil and criminal matters flows from the law such as the civil and criminal procedure codes of Pakistan. We shall here confine ourselves to that part of its jurisdiction which is conferred by the constitution.
The high court has original jurisdiction in certain matters, such as cases of the contempt of court, writs, etc.

Removal of the judge of high court.

Removal of the judge of high court.
If, on information received from the supreme judicial council or from any other source, the president is of the opinion that a judge of the high court is incapable of properly performing his duties due to physical or mental incapacity or he has been guilty of gross misconduct, the president shall direct the supreme judicial council to inquire into the matter. If the council, on inquiry, finds him so incapable physically or mentally or guilty of misconduct, and report to the president accordingly, he may remove the judge from office.

Write note on the appointment of the additional judges?

Write note on the appointment of the additional judges?
If the office of the judge of high court is vacant at any time or a judge is absent or unable to perform his duties due to any reason, or there is a need to increase the number of judges of a high court, the president may appoint a person as an additional judge of the high court for such a period as the president may determine. But his period cannot exceed the period prescribed by law. The person so appoints should be otherwise qualified to be appointed as the judge of high court. (Art. 197)

jurisdiction of Supreme Court

Discuss the following jurisdiction of Supreme Court?
Original jurisdiction
The Supreme Court shall have a exclusive original jurisdiction in any dispute in any two or more government. This jurisdiction shall exercise just to pronounce declaratory judgment only. (Art. 184)
The Supreme Court without prejudice to the provisions of Article 199, shall, if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights conferred by chapter-I of part two is involved, have the power to make an order of the nature mentioned in the said article.
Appellate jurisdiction  
(1). Subject to this article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments, decrees final orders or sentences of High court.
(2). An appeal shall lie to the supreme court from any judgment, decree, final order or sentence of High court.
A). If the high court has on appeal received an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life or on revision, has enhanced a sentence to a sentence as aforesaid or.
(B). If high court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid or.
(C). If the high court has imposed any punishment or any person for contempt of the high court or.
(D). If the amount or value of the subject matter of the dispute in the court of first instance, was and also in dispute an appeal, is not less than fifty thousand rupees or such other sum as may be specifies in that behalf by act of parliament and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below or.
(E). If the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or the final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below or.
 (F). If the high court certifies that the case involves a substantial question of law as to the interpretation of the constitution
3).  An appeal to the supreme court from a judgment decree order or sentences of high court in a case to which clause 2  does not apply shall lie only if the Supreme Court grants leave to appeal. (Art. 785)
Advisory jurisdiction
If at any time the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. The Supreme Court shall consider the question and referred a report its opinion on the question to the president. The advice so given will not be binding on the President. (Art. 186)

How are the auditor general of Pakistan appointed and removed and what are the function and powers?

How are the auditor general of Pakistan appointed and removed and what are the function and powers?
Appointed of auditor general
The auditor general is appointed by president. Before entering upon office the auditor general shall make before the chief justice of Pakistan oath in the form of set out in the third schedule. His term and condition of service, including the term of office is determined by act of parliament and until so determined, by order of the president. 
A person shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has cased to hold that office.
Removal of auditor general - He can be removed only in cases of physical or mental incapacity or gross misconduct and not otherwise. He can be removed from office by the president only on the recommendation of the supreme judicial council. (Art. 169).
Function and power of auditor general - The auditor general in relation to 
(A). The account of the federation and of the provinces and 
(B). The account of any authority or body established by the federation or a Province,
Perform such function and exercises such powers as determined by or under the act of parliament and, until so determined, by order of the president. (Art. 169)

Power of auditor general to give direction as to account
The auditor general with the approval of the president gives the direction for the maintenance of accounts of the federation and of the provinces in the manner prescribed by him. (Art.170)

Tuesday, February 12, 2013

important question of Constitution of Pakistan

  Important Question of Constitution 

01
What are the Rights and duties of Individual under the Constitution?

02
Nature of fundamental rights

03
What right to security of person is provided in the constitution?

04
Write a note on the summoning and prorogation of Parliament?  

05
Write a note on the summoning and prorogation of Provincial Assembly.

06
In what financial matters the prior approval of the federal government is required, before introducing such bill in the national assembly?

07
What is federal consolidated fund and Public Account?
Federal consolidated fund

08
What is the annual budget statement and discuss its procedure?

09
Producer relating to annual budget statement

10
What are the financial matters which require the approval of the provincial government before introducing them in the provincial assembly? What do you understand by a money bill?

11
How are the auditor general of Pakistan appointed and removed and what are the function and powers?

12
Describe the constitution of the Supreme Court and the qualification necessary, for the appointment as judge of Supreme Court?

13
Qualification for the appointment of a judge of supreme court

14
Discuss the following jurisdiction of Supreme Court?

15
Discuss the constitution of the high court and also describe the qualification necessary for the appointment of the judges

16
Qualification necessary for the appointment of the high court judge

17
Write note on the appointment of the additional judges?

18
Removal of the judge of high court

19
Jurisdiction of the high court

20
How chief election commissioner can be appointed and removed from the office?

21
Removal of the chief election commissioner

22
The constitution of the election commissioner and also explain the duties to be performed by the commissioner?

23
Rigid constitution

24
Qualification, appointment and duties of Governor.

25
How the President of Pakistan is elected under the 1973 constitution? What are his process and function?

26
What are the qualifications for election to the office of President? What is the procedure for this election?

27
Write the detail note on senate under 1973 constitution? Or explain the composition and function of senate under 1973 constitution?

28
Election of the chairman and deputy chairman

29
Summoning and Prorogation of senate

30
Explain the composition of the Parliament of Pakistan and discuss membership, function and power of the National Assembly?

31
Relation between the National Assembly and the Senate

32
What are the qualification and disqualification for the members of Parliament?

33
Supreme judicial council

34
The Federal Shariat Court






What are the qualification and disqualification for the members of Parliament?

What are the qualification and disqualification for the members of Parliament?

Qualification and disqualification for the members of Parliament
A person shall not be qualified to be elected or chosen as member of Parliament or Provencal Assembly unless he is at least a Graduate possessing a Bachelor Degree in any discipline or in a degree recognized as equivalent by University Grants Commission under the University Grant commission act, 1974 or any other law for the time being in force. In addition unless a member of Parliament or Provencal Assembly shall not be qualified to be elected or chosen as such unless. 
1). He is citizen of Pakistan. 
2). He is, in the case of National Assembly, not less than twenty five years and is enrolled as a voter in
(a). Any electoral roll for election to a general seat or a seat reserved for non-Muslim and, 
(b). Any are in province from where he seeks membership for election to a seat reserved for women. 
3). He is, in the case of senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as he case be, the federal capital or the federally administered tribal area, from where he seeks membership. 
4). He is, in the case of a Provencal Assembly, not less than twenty five years of age and is enrolled as voter in any are in a Province from where he seek membership for that assembly. 
5). He is of good character and is not commonly known as one who instates Islamic Injunctions. 
6). He has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins. 
7). He is sagacious, righteous and non-profligate and honest and amen. 
8). He has not been convicted for a crime involving normal turpitude or for giving fake evidence. 
9). He has not, after the establishment of Pakistan, worked against the integrity of the country or offered the ideology of Pakistan. Provided that the disqualification specified in paragraph 08 and (g) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation, and. 
10). He possesses such other qualification as may be prescribed by an Act of
Parliament.
A person shall be disqualified
A). He is unsound mind and has been so declared by a competent court or, 
B). He is a discharged insolent or, 
C). He ceases to be a citizen of Pakistan or, 
D). He holds an office of profit or, 
E). He is in the service of any statutory body or any body which is sound or controlled by the government or, 
F). He being a citizen of Pakistan by virtue of section 14-B of Pakistan Citizenship Act, 1951, he is for the time being disqualified under any law in force in AJ&K or, 
G). he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the Sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan or, 
H). He has been convicted by a court or competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force or, 
I). He has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the federal government, Provencal Government or a local government on the ground of misconduct involving moral turpitude or, 
J). He has been removed or compulsory retired from the service of Pakistan or, 
K). He has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the government or in which the government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service or, 
L). He is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect or, 
M). He has been convicted under section 7 of the Political Parties Act 1962 (III of 1962) unless a period of five years has elapsed from the date of such conviction or, 
N). He, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government
Provided that the disqualification under this paragraph shall not apply to a person.  
(1). Where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him. 
(2). Where the contract has been entered in to by or on behalf of a public company as defined in the companies ordinance, 1984 (XLVII of 1984), of which he is a share holder but is not a director holding an office of profit under the company or. 
(3). Where he is a member of Hindu undivided family and the contract has been entered into by any other member of that family in the cause of carrying on a separate business in which he has no share or interest.



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