The Innovative Law Academy

The Academy in which we are not only teaching subjects of LLB and law, Even providing Lectures of
Communication Skills as well.

LLB Notes Part 2

According to HEC Law Syllabus

Best For Punjab Uni exam, BZU Uni, ISUB Uni, Quaid e azam Uni, CSS Exam, PMS, Judicial
Services Exam & Other all universities exams,

CONSTITUTION OF PAKISTAN/ CONSTITUTION HISTORY /

CONSTITUTION CASE LAW

Lecturer: Mobushar Iqbal Chohan

Advocate High Court

LL.B, LL.M, MSC, DIPL Communication Skill.

Office: Fatima & Iqbal Law Chamber Lahore

YouTube/Law and Communication skills

Facebook/Innovative law academy

Mobile: 0300-0096491

Subscribe My YouTube Channel to gain more knowledge about Law, (LL.B) ( judiciary) and
other informative lectures.
“I am very thankful to my almighty ALLAH for giving me such a courage, success and honor. I
am also very thankful to all the students who appreciated my work and received them
warmly. In these notes the law has been elaborated with the help of landmark judgments
which is delivered by the Hon’ble Courts and has been written for the examination point of
view and i hope that these notes will also be received warmly by the students and may led
to the success in the examination as well as in their profession.

The below-given notes prepared for the students of the LLB. The subject is very technical,
and i have taken every step to ensure that these notes may fulfill the need of the students,
but there may be some shortcomings or flaws in it, so every suggestion for the
improvement of these notes will be warmly welcome.”

I Am Very Thankful To You All

Your Well Wisher

Lecturer: Mobushar Iqbal

ADVOCATE HIGH COURT

LLB. LLM. Msc. Dipl communication skills

CELL NO: 0300-0096491

OFFICE: FATIMA & I QBAL LAW CHAMBER LAHORE

INNOVATIVE LAW ACADEMY LAHORE

Address: Lower mall around Chauburji Oppo: Butt sweet Hajvari Tower Basement 10-B
Lahore
Q 1. Fundamental Rights? Discuss them in details.

1) Preface
Fundamental rights are the basic rights of the citizens of the state. In the Islamic
Republic Pakistan’s constitution of 1973 the list of fundamental rights has been given it
has also been clarified that any objectionable law under fundamental rights will be
considered null and void because every democratic state recognizes fundamental rights
for its citizen.

2) Definition of Fundamental Rights

Fundamental rights are those rights which have been legally recognized by the supreme
court of the Pakistan and are listed in the bill of rights in order to protect citizen from
government violation.

3 Relay Article
Constitution of Pakistan 1973 Article 8 to 28

4) Fundamental rights in the constitution

Following are the fundamental rights which have been listed under the Pakistan’
constitution 1973.

1. Security of person
According to the Pakistan’s constitution 1973, No person shall be deprived of liberty and
life.

2. Prohibition of slavery and forced labour

According to the Pakistan’s constitution 1973, slavery is forbidden and all forms of
forced labour are prohibited. No child below the age of fourteen years shall be engaged
in any factory or mine

3. Protection against retrospective (old) punishment

According to the Pakistan’s constitution 1973, law is not authorized to punish a person
for an act or an omission that was not an offense at the time of act or omission.

4. Protection against double punishment and self-incrimination

According to the Pakistan’s constitution 1973, law is not authorized to punish a person
for any offense more than once as well as offender will not be compelled to give witness
against himself.

5. Protection of family
According to the Pakistan’s constitution 1973, the State shall protect the marriage, the
family, the mother and the child of the citizen.
6. Freedom of Movement
According to the Pakistan’s constitution 1973, every citizen of Pakistan has freedom of
movement through Pakistan reasonable restrictions have been imposed by law for the
benefit of public.

7. Freedom of association
According to the Pakistan’s constitution 1973, every citizen of Pakistan has right of form
associations or unions but formation of associations should be within the limits.

8. Freedom of peaceful assembly

According to the Pakistan’s constitution 1973, every citizen has the right to make
peaceful assembly without weapons, and reasonable restrictions have been imposed by
law for the benefit of public.

9. Freedom of trade, Business and profession

According to the Pakistan’s constitution 1973, every citizen has a right to adopt any
lawful profession, and can establish any lawful business.

10. Freedom of speech

According to the Pakistan’s constitution 1973, every citizen has a right of freedom of
speech and expression but reasonable restrictions have been imposed by law for the
benefit of public and state.

11. Freedom of religion

According to the Pakistan’s constitution 1973, every citizen has a right to promote,
practice and spread his religion.

12. Safeguard against religious taxes

No person shall be compelled to pay any special tax for promotion of any religion other
than his own.

13. Safeguard to establish educational institution of religion

Every religious community has a right to educate its followers and has a right to
establish its own educational institutions.

14. Political freedom

According to the Pakistan’s constitution 1973, every citizen of Pakistan has a right to be
member of any political party but public servant can’t take part.

15. Safeguards in case of arrest and detentions

Every person who is arrested and kept in custody shall be brought before a magistrate
within a period of twenty-four hours after such arrest

16. Equality of citizen

According to the Pakistan’s constitution 1973, all citizens including women and children
are equal in the eyes of law and are entitled with equal rights
17. Freedom of property rights
According to the Pakistan’s constitution 1973 provides protection to the properties of
the citizens and no one can deprive them from their own properties.

18. Right of access to public places

According to the Pakistan’s constitution 1973 every citizen has a right to access places
of public entertainment, there will be no restriction against any citizen on the basis of
race, religion, caste, sex, residence or place of birth.

19. Right to job

According to the Pakistan’s constitution 1973, every citizen has a right to get job without
any problem.

20. Right of language and culture

According to the Pakistan’s constitution 1973, national language of Pakistan is Urdu but
any section of citizen having different language script or culture has a right of preserve
and promotes the same and establishes institution for the purpose.


21. Right of fair trial

According to the Pakistan’s constitution 1973, every person is entitled to fair trial and
due process. Under the law everyone who is charged with a criminal offence is
presumed innocent until proved guilty.

22. Right of education

According to the Pakistan’s constitution 1973, right of education.—The State shall
provide free and compulsory education to all children of the age of five to sixteen years

23. Right of information

According to the Pakistan’s constitution 1973, every citizen has a right to have access to
information in all matters of public importance without an issue.

5) Can fundamental rights be suspended

During a national emergency, when state in itself in danger a many fundamental rights
can be suspended because fundamental rights have no real meaning but the Right of
Life and Personal Liberty cannot be suspended according to the original Constitution

6) Difference between fundamental rights and ordinary

rights
1) As to source
Fundamental rights are available under the constitution.

Ordinary rights are provided by the ordinary law.
2) As to scope
Fundamental rights have wider scope

Ordinary rights have less scope

3) As to enforceability
Fundamental rights are enforceable even against the government.

Ordinary rights are not enforceable against the government

6) Preclude Remarks
To Preclude, we can say that the fundamental rights are part of the constitutional law.
There
can be no democratic constitution without it as a many fundamental rights have been
given in this constitution which are protecting people to get them violate by
government.
Fundamental rights cannot be suspended without applying constitutional methods.
Q. 2: powers and functions of the president in the
constitution of Pakistan 1973?

1) Preface
The constitution of Pakistan 1973 is partly parliamentary and partly presidential in its
nature. The president of the Pakistan runs the business of the state while the prime
minister represents the unity of the Islamic republic of Pakistan. In the existing
parliamentary system of government, President of Pakistan is considered ceremonial
head of the state

2) Constitutional position of 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.

3. Relay Article
Constitution of Pakistan Relay Article 54,56-1,58-1,75,89,45,232,235,153,155,213-
221,101,92,91-2-A,213,243,24-M,156,160,243-A,243-2,

4) Modes of exercising power

Following are the modes of using of power of president of the Pakistan
1) By his own discretion

2) On the advice of Prime Minister

4) Powers and functions of the president

Following are the different powers of the president. Details are as under.

1. Legislative powers
I. Summoning of parliament
The president has power to summon one or both houses of parliament in a joint sitting
to meet at any time and place as he thinks fit.

II. Address the parliament

The president can address one or both houses of the parliament and can demand the
attendance of all members of parliament.

III. Right to speak in Parliament

The president has a right to speak in Parliament.
IV. Dissolution of National Assembly
The president has power to dissolve the National Assembly on the advice of Prime
Minister and assembly will be dissolved within the 48 hours after the advice

V. Promulgation of ordinance
The president has powers to promulgate the ordinances within the Pakistan.

VI. Power of referendum

The president has power to hold referendum if there is matter of national importance

VII. Appointment of care takers of cabinet

The president has power to appoint the care-takers of the cabinet.

2. Judicial powers
I. Appointment of chief justice of Supreme Court
The chief justice of the Pakistan is appointed by the president of Pakistan.

II. Appointment of Chief justice of high court

The chief justice of the Pakistan is appointed by the president of Pakistan.

III. Appointment of additional judges of high court

All the additional judges of the high court are appointed by the president of Pakistan.

IV. Fixation of salaries of judges

The salaries and other allowance of the judges are fixed by the president of Pakistan.

V. Transfer of judges
The president can transfer the judge of one high court to another high court in the
country.

VI. Power of pardon

The president of the Pakistan has special powers to pardon the offenders who have
been punished by the courts.

3. Foreign powers
I. Settlement of matters
The president of the Pakistan has power to settle the foreign affairs.

II. Appointment of ambassadors

All the ambassadors are appointed by the president of Pakistan.

III. Appointment of representatives in United States

All representatives in United States are appointed by the president of the Pakistan.

4. Executive powers
I. Proclamation of emergency
The president has power to proclaim emergency in the country.

II. Appointment of governors

All the governors of the provinces are appointed by the president of Pakistan.

III. Appointment of attorney general of Pakistan

Attorney general of Pakistan is appointed by the president of the Pakistan.

IV. Chief election commissioner

Chief election commissioner is appointed by the president of the Pakistan.

V. Members of council of Islamic ideology

Members of council of common interest are appointed by the president of the Pakistan

VI. Members of council of common interest

Members of council of common interest are appointed by the president of the Pakistan

VII. Members of national economic council

Members of council national economic council are appointed by the president of the
Pakistan

5. Military powers
I. Declaration of war
The president of Islamic republic of Pakistan has power to declare the war.

II. Settlement of peace

The president of the Pakistan is responsible for the settlement of the peace within the
country and he plays pivotal role in this regard.

III. Appoint of chiefs of army staff

Chief of Army Staff, Chief of Navy, and chief of Air force are appointed by the President
of the Pakistan.

IV. Send army to other country for peace

President has power to send army for the help of other countries and in United States.

5) Preclude Remarks
To Preclude, we can say that the 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 his election is difficult and complicated
Q. 3: Qualification of election and impeachment of
president prescribed in the constitution of Pakistan?

1) Preface
The constitution of Pakistan 1973 is partly parliamentary and partly presidential in its
nature. The president of the Pakistan runs the business of the state while the prime
minister represents the unity of the Islamic republic of Pakistan. In the existing
parliamentary system of government, President of Pakistan is considered ceremonial
head of the state

2) office of the 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 only constitutional head because responsibility for administration is in
the hands of prime minister.

3. Relay Article
Relay Article constitution of Pakistan 41,43,44,47

4) Qualifications for the election of president

Following are the qualifications of the office of president. Details are as under.

1. Muslim
The candidate for the post of president must be a Muslim by faith.

2. Citizenship
The candidate for the post of president must be a citizen of the Pakistan.

3. Age
4. The candidate for the post of president must not be less than 45 year of age.

5. Office of profit
The candidate for the post of president should not hold any office of profit in Pakistan

6. Mentally and physically fit

The candidate for the post of president must be mentally and physically fit.

7. Qualified to be Elected as member of N.A

The candidate for the post of president is a person who should be qualified to be
elected as a member of National Assembly.
5) Mode of election
Under the constitution of Pakistan 1973, a president is elected by the
Members of both houses of Parliament (Senate and national assembly)
Members of all the provincial assembly

6) Re-election
Under the constitution of Pakistan 1973, a person holding office as president shall be
eligible for re-election of the president.

7) Procedure for the election of the president

The president of Pakistan is elected in joint session of Parliament but now provincial
assemblies
have also been included in the election procedure of the president.

1) Nomination of candidate
On the fixed day any member of any houses will nominate a candidate and will inform
to chairman about nomination. The nominations paper will be signed by the proposer.
The candidate’s willingness certificate will also be filled. After examination of the
nomination papers chief election commissioner will announce the name of candidate.

2) Voting in Parliament
The speaker will summons the joint sitting of Parliament’s two houses on the request 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.

3) Counting of votes
After voting process, parliament will count the votes casted in provincial assemblies in
favour of each candidate after completion of counting the result of each candidate is
announced on the basis of simple majority by adding the votes of parliament. The
candidate who secures the majority is declared successful.

4) Oath for the office of president

Before entering into office the candidate shall take oath for the office of president
before chief justice of Pakistan.

8) Term of office
Under the constitution of Pakistan 1973, tenure of the office of president is five years
from onward when he enters in his office.

9) Resign of president
Under the constitution of Pakistan 1973, the president can resign before the completion
of the tenure of his office. He can resign from office by writing addressed to the
speaker.
10) Restrictions
Under the constitution of Pakistan 1973, the president will not hold any office of profit.
President shall not remain a candidate of an assembly if he is elected as president, his
seat from assembly automatically will be vacant on the day he enters in his office.

11) Acting president

Under the constitution of Pakistan 1973, if the post of president gets vacant after his
resignation, dismissal, illness, long leave or due to foreign tour, in this case the chairman
of the senate will be acting president of Pakistan.

12) Impeachment of the president

An impeachment can be moved in the parliament when there is an allegation of
violation of the constitution or corruption,
or he becomes unable to perform his duties due to mentally and physically unfitness.
According to the procedure, no less than one half members of each houses may send a
written notice to the speaker or chairman.
A copy of impeachment along with the list of allegation is sent to the president

On the receipt of the notice speaker, summon the joint session of the parliament within
seven to fourteen days and the president is given full opportunity to defend the
allegation.
After hearing in the parliament of the two third majorities of the two houses
caste votes in favour of the resolution then president has to leave the post.

13) Ground for removal of president

Under the following grounds the president of the Pakistan can be removed from his office.
Physical incapacity

Mental incapacity

Violation of the constitution

Gross misconduct

14) Preclude Remarks

To Preclude, we can say that the 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 his election is difficult and complicated.
Q 4. Senate. composition, qualification of members,
election, power and functions.

1) Preface
The senate is the upper house of the parliament. Article 50 says that there shall be a
majlis-e-shura (Parliament) consisting of the president and the two houses namely
National assembly and the senate. Under the Pakistan’s present constitution senate is a
permanent legislative institution. Senate as a legislative body collects equal
representatives from all the four provincials regardless of their size and population

2) Relay Article
Article 59,60 and 61

3) Composition of senate
The senate shall consist of 100 members of whom:
Fourteen shall be elected by the members from each provincial assembly.
Eight shall be elected by members the federal administered Tribal Areas in the national
assembly.

Four shall be elected from federal capital in such a manner as the president may, by
order prescribe.

Four women and four members by each provincial assembly to represent ulema,
technocrats, and other professional.

Four non-muslims , one from each province, shall be elected by the members of each
provincial assembly (18th Amendment)

4) Qualification for the members

Following are the qualification of the member of senate.

1. Muslim
The candidate must be a Muslim by faith.

2. Citizenship
The candidate must be a citizen of the Pakistan.

3. Age
The candidate must not be less than 30 year of age.

4. Office of profit
The candidate should not hold any office of profit in Pakistan
5. Bankrupt
The candidate should not be bankrupt.

6. Mentally and physically fit

The candidate must be mentally and physically fit.

5) Procedure for election

According to the procedure defined by the Election Commission of Pakistan.
Under Article 59 of the Constitution, Pakistan’s each province sends 23 members to the
Senate including 14 on general seats, four technocrats, four women and one minority
member. The National Assembly elects four members including two on general seats,
while one each for women and technocrats.

6) Term of the senate

The term of a Senate consists of six years but Senate holds elections after every three
years when one half of the members of the senate retire after completion of their
tenure.

7) Restrictions
The senator cannot become member of both houses at a same time and he has to resign
in one house.

8) Privileges of members of senate

Members of the senate have following privileges:

1) Freedom of speech
All the senators have full freedom of speech in the house.

2) Not answerable to any court

All the senators are not liable to any proceeding in any court for anything said in the
house.

3) Salary and allowances

All the senators of the senate are paid salary and allowances.

4) Accommodation
Accommodation to all the senators is given for free.

9) Voting and quorum

The quorum of the senate shall be one fourth (25 %) of the membership and all
decisions shall be made with the vote of majority.
10) Summoning and prorogation of session
The president of Islamic republic of Pakistan shall summon the senate in order to meet
at any time and place as he thinks fit and may also prorogate the same.

11) Chairman and deputy chairman of the senate

The senate shall elect any member as chairman and deputy chairman from amongst.
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.

Vacancy in the office

The office of the chairman and the deputy chairman may become vacant if,
He resigns from his office

He ceases to be member of the senate

He is removed from the office

12) Powers and functions of senate

Following are the powers and functions of the senate.

1) 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 the bill.

2) Administrative
The senate keeps and watches on the administrative affair within the country as well as
all important appointments are made by the senate.

3) Judicial
The senate has power to make rules for regulating its procedure and conduct of its
business.

4) Electoral
The senate performs electoral functions in many ways for example election of the
president Islamic republic of Pakistan.

5) Amendments in the constitution

The senate has power to amend the constitution.

6) Removal of grievances of people

The senate removes the grievances of the people and discusses their problems.
13) Dissolution
Under the Pakistan constitution 1973 the senate shall not be subject to dissolution.

14) Preclude Remarks

To Preclude, we can say that the the senate is upper house of the parliament. It is
consisted on
104 members. It is a continuous body. The session of the senate is presided by the
chairman and under the constitution of the Pakistan 1973 , senate cannot be dissolved
at any cost.
Q 5. kinds of emergency under the constitution
of Pakistan 1973. Discuss article 232 in this regard.

1) Preface
The president of Pakistan can proclaim emergency in the whole country or in any
province or any part of it and president can make rules and regulations accordingly.
Under the constitution of Pakistan the president is only the person who can declare
emergency.

2) Relay Articles
Article 232 to 237 constitution of Pakistan.

3) Definition of emergency
An emergency is a situation which includes 'some impending danger to the life of the
nation in which a government is empowered to perform actions that it would normally
not be allowed to preserve the nation such as suspension of fundamental rights etc.

4) Power of proclamation the emergency

A proclamation of emergency is issued by the president. Only the president is judge of
the situation and decides that whether proclamation to be issue or not.

5) Armed forces under an emergency

Under Pakistan constitutional act of Pakistan, The Constitution does not envisage any
situation where the Armed Forces can act without any direction by the Federal
Government of Pakistan.

6) Kinds of emergency
Following are the kinds of emergency, details are as under:

1. Emergency due to war, external or internal disturbance.

When there exists a serious emergency due to which the security of Pakistan or any part
of it is threatened by war or external violence or internal disturbance , in this case 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 powers of court for the enforcement of such suspended
rights shall be snatched during proclamation are enforced.
2. Emergency due to the breakdown of constitution machinery
In case the president is satisfied with the report of the Governor concerned that a
situation has arisen in which the gov't of the province cannot be carried on in
accordance with the provisions of the constitution. He can proclaim an emergency.

1. Effect
Federal executive or federal legislature shall take over functions of provincial executive
and legislature.

2. Duration of Emergency:
The duration of emergency will be effected for the period of sixth months.

3. Extension in period:
The president can extend the period of emergency for two months more.

4. Enforcement of laws
Laws made by the federal executive and federal legislature shall cease after sixth
months of 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 some ministers and Advisors from the provincial cabinet were shown on
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 Article 204 was not justified.

3. Financial emergency.
If the President is satisfied that a situation has been arisen due to which the economic
life, financial stability of Pakistan, or any part of it, is in danger, the president can
proclaim emergency after consultation with the Governor of the Provinces, and when
such a Proclamation is in force, the executive authority of the Federation shall ask to
follow the directions which have been issued for the interest of the economic life,
financial stability or credit of Pakistan or any part of it.
o When a Proclamation is in force the President can issue directions for the
reduction of the salaries and allowances of all or any class of persons serving in
connection with the affairs of the Federation or Province.

7) Revocation of proclamation
The proclamation of emergency declared by the president can be cancelled by a
subsequent proclamation issued by president.

8) Authenticity of proclamation
The validity of proclamation of an emergency issued under this article shall not be
challenged in any court.

Case Law
It was held that president's power to issue proclamation or revoke proclamation
of emergency is not liable to judicial review.

9) Parliament may make law of indemnity

However parliament can pass a law indemnifying any person who is serving under
federal or provincial Government, for any act which is done in connection with the
maintenance or restoration of order in any part in Pakistan.

10) Preclude Remarks

To Preclude, we 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 the emergency by subsequent
order.
Q 6. Describe the jurisdiction of Supreme Court of
Pakistan. appointment of its judges?

1) Preface
The Supreme Court is the highest court of Pakistan. It is both a constitutional and
ordinary court of law. All decisions of Supreme Court of Pakistan are binding to all the
courts of Pakistan. The Principle seat of Supreme Court is in Islamabad.
In its modern composition, the Supreme Court is incorporated of Chief Justice of
Pakistan, sixteenth justices and two on ad-hoc whose appointment is confirmed by
the President with the approval of Prime Minister of Pakistan.

2) Relay Articles
Article 176 to 191

3) Composition of Supreme Court

The Constitution of Islamic Republic of Pakistan under Article 176 throws light on the
number of Judges of the Supreme Court of Pakistan shall be determined by an Act of
Parliament. In the light of this provision “The Supreme Court (Number of Judges) Act,
1997” has determined that the number of the Judges of the Supreme Court of Pakistan
other than the Chief Justice shall be sixteen. A person with five years’ experience as a
Judge of High Court or 15 years’ experience as advocate of High Court is eligible to be
appointed as a Judge of the Supreme Court. The Chief Justice of Pakistan and each of
other judges of the Supreme Court shall be appointed by the President in accordance
with Article 175A, inserted through 18th and 19th Constitutional amendments.

4) Chief Justice of Supreme Court

The Chief Justice of Pakistan (initials as CJP) is the head of the court
system of Pakistan(the judicature branch of government) and the chief judge of
the Supreme Court of Pakistan. The Chief Justice is one of the most senior of 17 Senior
Justices of the Supreme Court of Pakistan. From 1947 until 1960, the chief justice
and justices were known as Federal Judge.

5) Qualifications for judges

Following are the qualifications of a person to be elected as a judge of Supreme Court of
Pakistan.
Person should be a citizen of Pakistan.

He is serving as judge in High Court for at least five (5) years.

He is serving as an advocate in High Court for at least fifteen (15) years.
6) Oath of office
Before entering in the office the Chief Justice shall take oath of his office before the
president of Pakistan and other judges shall take oath of their office before the Chief
Justice of Pakistan.

7) Appointments of judges
The chief justice shall be appointed by the president while the other judges shall be
appointed by the chief justice after consultation with the president.

8) Retiring age
The age of retirement for the judge of the Supreme Court of Pakistan is 65 years.

9) Acting chief justice

In the absence of Chief Justice the president of the Pakistan appoints the senior most
judge to act as Chief Justice.

10) Ad-hoc judge

The chief justice of Pakistan may request the president of Pakistan to appoint the
number of judges on temporary basis in the Supreme Court. Judge appointed on ad-hoc
shall have the same powers and jurisdiction as the other judges of Supreme Court have.

11) Powers and functions of Supreme Court

Following are the powers and functions of the Supreme Court of Pakistan.

1. Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review and change the
decisions of lower courts after submission the appeal by application.

2. Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time and court
enforces the fundamental rights by original jurisdiction.

3. Advisory jurisdiction
The President may seek the opinion of the Supreme Court on any question of law or fact
of public importance after receiving an opinion president thinks whether it is useful or
not.

4. Suo motu Jurisdiction

The Supreme Court has power for Suo Motu jurisdiction, under this jurisdiction the
court takes notice of the matter by itself and starts judicial proceedings.
5. Revision power
The Supreme Court has power to review the judgment of any order made by it because
it is a careful examination of the matter in order to correct or improve its decision.

6. Protection of the fundamental rights

One of the greatest functions of the Supreme Court of Pakistan is to protect the
fundamental rights of the citizens of the Pakistan.

7. To issue directions
According to Article 187 the Supreme Court has power to issue such directions which
are necessary for the administration of justice in any case which is pending before it.

8. Rules and regulations

The Supreme Court has power to enact different rules and regulations in order to run its
own business and keep the judges under control.

9. Interpretation of the constitution

The Supreme Court has power to interpret the constitution of the Islamic Republic of
Pakistan. Supreme Court makes complex laws understandable by interpreting them.

10. Guardian of the constitution

The Supreme is the Guardian of the constitution and it explains and elaborates its
constitutional status within the country.

11. Transfer of cases

The Supreme Court of Pakistan has power to transfer any case, appeal or other
proceeding pending before it in any high court and from any high court to any other
high court.

12) Binding effect of decision of supreme court

The decisions of the Supreme Court of Pakistan have binding effect on the subordinate
courts of Pakistan.

5) Preclude Remarks
To Preclude, we can say that the the Supreme Court of Pakistan is the highest court of the
Pakistan. It consists of chief Justice and other justice who are appointed by the
President of Pakistan on temporary and permanent basis after verification of their
eligibility criteria for selection on the seats.
Q 7. Discuss the legislative procedure following by
Parliament under 1973 constitution?

1) Preface
The constitution of Islamic republic of Pakistan provides legislative procedure in part III
chapter 2. The parliament has three functions such as 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) Definition of Bill
A bill is proposal for new law and it does not become law until it is passed by the
legislature or approved by the executive.

3) Kinds of Bill
Following are kinds of bill.

1. Public Bill
Public bill is such bill which relates to the interest of people.

2. Private Bill
Private bill is such bill which relates to the interests of private individuals

3. Money Bill
Money bill is such bill which relates to the finance matters of the state.

4) Legislative procedure
For drafting a bill experts are selected and while drafting the bill complexities are avoided
and legislative
procedure of different bills is different.

1) Legislative procedure in non-Money bill

A. Preface of Bill
Bill is introduced in any house. If bill is introduced by gov't minister is called Govt bill if
presented by private member it is called private bill.

B. First reading
In the first reading the causes of presentation are explained by the member who
introduces the bill
C. Reference to committee
Bill is examined in detail in committee stage. The committee hears the evidence of
expert and any objection of the person who is interested in such bill

D. Second reading
Bill is discussed clause by clause and amendments are made during the second reading.

E. 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

F. President’s Assent to bill

If the bill is passed in the joint sitting, with or without amendment by the majority of
votes of the total membership of the house. It shall be presented to the president for
assent.

Case law

P.L.D. 2001. Kar. 415

It was held that bill would become law when assented it by the president or the
governor as the case may be.

2) Legislative procedure in Money Bill

In according with the article 73 of the constitution of Islamic republic of Pakistan a
money bill shall be originated in the National Assembly and after it is 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 supposed to be a money bill. If it shall contain provisions
dealing with all or any the following matters.
(a) The imposition, abolition, reduction, alteration of any tax.

(b) The borrowing of money or a giving of any guarantee, by the federal Govt.

(c) The custody of the federal consolidate fund, or the issues of moneys from the fund.

(d) The imposition of charge upon the federal consolidated fund,

(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 govt.

(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

5) Discussion in senate
Now by the amendment in the constitution (Legal Frame Work order 2002) a money bill
can be discussed in the senate.

6) Difference between non-Money and Money Bills

Following are the differences between money and non-money bills.

1. As to nature
Money bill relates to finance matters.

Ordinary bill relates to the interest of private or public persons.

2. As to Origin
Money bill can be originated only in National Assembly.

Ordinary bill can be originated in either house.

3. 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.

7) Preclude Remarks
To Preclude Remarks 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 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.
Q 8. National Assembly. composition,qualification of
members, election, power and functions and
procedure to enact law.

1) Preface
Under the Pakistan constitution 1973, National assembly is the lower house of
parliament. It is more powerful institution in law making and financial matter. National
assembly of Pakistan is more powerful than senate.
There shall be three hundred and forty-two (342) seats for members in the National
Assembly, including seats reserved for women and non-Muslims.

2) 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. Parliament in Pakistan which known as “Majlis-e-Shura” consists
of the president and two houses known as National assembly and the Senate.

3. Relay Artical
Article constitution of Pakistan 50,73,91,93,95,142,143.

4) position of national assembly

The national Assembly has been given more powers than the powers granted to the senate.
Following are the reasons which make National Assembly superior than senate.
National Assembly is elected on the basis direct, free and secret vote.

All members are answerable to the National Assembly not to the Senate.

National Assembly is entitled to vote upon the demand for grants of money.

Money bill are introduced only in the National Assembly.

5) Condition for voters

Following are the conditions for voter.
Voter should be citizen of Pakistan

Voter should be not less than 18 years of age

Voter should be sound minded

Voter’s name should exist in the electoral roll

6) Qualification for member of National assembly
Following are the qualification of the member of senate.

1. Muslim
The candidate must be a Muslim by faith.

2. Citizenship
The candidate must be a citizen of the Pakistan.

3. Age
The candidate must not be less than 25 year of age.

4. Office of profit
The candidate should not hold any office of profit in Pakistan

5. Name in electoral roll

Candidate’s name should be in electoral roll.

6. Mentally and physically fit

The candidate must be mentally and physically fit.

7) Method for election of National Assembly

The members of National Assembly are elected by direct method of election.

8) Term of National Assembly

The term of National Assembly is five years, the term of five years shall start from the
day of its first meeting and shall dissolve at the expiration of its term.

9) Quorum
The quorum is one-fourth (1/4) membership of the assembly.

10) Summoning and prorogating of the session

National Assembly shall be summoned and prerogative by the president of Pakistan.

11) Dissolution of national assembly

National Assembly can be dissolved by the President of Pakistan on the advice of Prime
Minister but the prime minister cannot give advice when resolution of vote of no
confidence is under process in the house.
12) Powers and function of National Assembly
1. Legislation
The primary function of the National assembly is an enactment of law and it can enact
any type of law after enactment is forward to senate and If it is passed by the senate
than it is forwarded to president for approval.

2. Amendment in the constitution

National Assembly has power to amend constitution by the two third (66%) majority
votes of its total membership.

3. Administrative
National Assembly has full control over Administration. It controls the leader of the
house and ministers. Following methods are adopted to control the administration.

1. Questions
The members of the National Assembly can put questions to the ministers of the
concerned department.

2. Resolution
National Assembly can pass a resolution to express its view over any important matter
related to administrative affairs.

3. Vote of No-confidence
National Assembly can pass a vote of No-confidence against the Prime Minister.

4. Criticism to polices
National Assembly can criticize the policies of the Federal Government.

5. Vote of censure (Disapproval)

Besides criticism and questions the assembly can vote of censure (Disapproval) against
administrative acts.

4. Financial affairs
1) Preparation of budget
The budget is prepared under the supervision of the National Assembly.

2) Approval of taxes
The National Assembly gives approval for imposition of all taxes.

3) Approval of expenditures
The National Assembly gives approval to the expenditures.

4) Money bill originate in National Assembly

All money bills always originate in the National Assembly.
5) Power to criticize and discuss the budget
National Assembly has power to criticize and discuss the budget when it is prepared.

5. Electoral functions
1. Election of P.M
The National Assembly elects its leader mean Prime Minister

2. Election of President
The National Assembly elects the president of Islamic Republic of Pakistan.

3. Election of speaker and deputy speaker

The National Assembly its own speaker and deputy speaker.

6. Judicial powers
1) Determination of organization of judiciary
The National Assembly determines the organization of the judiciary and number of
judges.

2) Impeachment of president
The National Assembly is empowered to proceed impeachment against the president.

3) Emergency powers and functions

The National Assembly can declare an emergency in the country. When there exists a
grave danger to security of Pakistan. This is infect power of president in emergency.
National Assembly can make laws in this regard.

13) Preclude Remarks

TO conclude I can says that. The Parliament is the supreme institution of the country. It
is a law making body. It consists of two houses National Assembly and the senate.
National Assembly is directly elected by the people. The term of National assembly is
five years, it can be dissolved by the president. The leader of the National Assembly is
prime minister. National assembly in Pakistan is more powerful than Senate.
Constitution History

Q.1: Discuss salient features 1962 constitution of

pakistan
.

1) Preface
The 1962 constitution was drafted by a team appointed by Ayub Khan. All work was
done secretly and then all of sudden constitution was enforced in the country. The
Constitution of 1962 consisted of 250 Articles, which were divided into 12 Parts and
three Schedules. It advocated presidential form of government with absolute powers
vested in the President

2) Definition of constitution
A constitution is a set of fundamental principles according to which a state is governed

3) Constitution of 1962
The constitution of 1962 was enforced on June 8, 1962. This constitution was forcibly given
to the
people

4) Salient Features Of 1962 Constitution

Following are the salient features of the constitution 1962.

1. Written Constitution
The constitution of 1962 consists of 250 sections and 3 schedules. It was in written
form.

2. Democratic Islamic Republic

Pakistan was declared Democratic Islamic Republic.

3. Islamic Ideology Council

The constitution of 1962 provided the idea of the establishment of Islamic
ideology Council.

4. Federal State
The constitution of 1962 established a Federation of Pakistan with two provinces of
East Pakistan and West Pakistan.
5. Rigid Constitution
The constitution of 1962 was a rigid constitution. The method of amendment was
very difficult. Any amendment to this constitution required not only at least 2/3 (66
%) majority of Parliament but also authentication from President.

6. (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 circumstances.

7. Referendum
The constitution of 1962 has introduced a new institution of referendum.

8. Indirect Election
Under the constitution of 1962 the method of direct election by adult Franchise
has been abolished and method of indirect Election was adopted.

9. Emergency Provisions
The president had the power to proclaim the emergency when the integrity or the
sovereignty of Pakistan was threatened.

10. Presidential Form of Government

The constitution of 1962 provides presidential form of Government in the country.

11. Powers of President

Under constitution of 1962, President was really powerful. He could exercise all the
executive authority. All ministers were accountable to him alone. President not
only appoints provincial Governors, but also appoints all executive officials.
President also possessed certain legislative, military and judicial powers. Even he
had power to issue an ordinance and to veto legislation.

12. Office of Profit

Constitution of 1962 provided some restrictions against office of President. For
instance, President was not allowed to hold any office of profit in the services of
Pakistan.

13. Preamble
The objective resolution of 1949 was included as a preamble in the constitution of
1962.

14. Uni-Cameral legislature

The constitution of 1962 adopted single house parliament known as National
Assembly. Its term was 5 years, which was fixed. The members were elected on the
basis of parity of representation between East and West wing. The proceedings of
the Assembly might not be challenged in any court of law.
15. Basic Democracies
The new system of basic democracies was introduced in the constitution of 1962.
The Elected Basic Democrats member’s constitution an Electoral College who
elected the president.

16. Independence of Judiciary

The 1962 constitution gave many powers to the Judiciary and it recognized
independence of Judiciary. Judges of the superior courts were appointed by the
President and were ensured security of service. They could be removed on the
inquiry report submitted by the Supreme Judicial Council on the ground of
misbehavior or physical or mental inability to perform their duties

17. Rights of Minorities

Minorities were given right and these rights were also protected by the
constitution.

18. Islamic way of Life

The shariah was declared under this declaration it was said that Islamic way of life
shall be adopted.

19. Principles of Policy

The principles of policy were incorporated in the constitution 1962.

20. National Language

Urdu and Bangle were declared two national languages of Pakistan.

21. 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.

5. Demise
The second martial law was imposed on 26 March 1969, when President Ayub
Khan abrogated the Constitution of 1962 and handed over power to the Army
Commander-in-Chief, General Agha Mohammad Yahya Khan. On assuming the
presidency, General Yahya Khan decided to abolish the one-unit system on public
demands in West Pakistan and ordered general elections on the principle of one
man one vote.

6. Preclude Remarks
To Preclude, we can say that the; the constitution of 1962 introduced a very important
change
in the governmental system of Pakistan. It had provide presidential form Govt. the
method of election was indirect. it adopted principles of policy but this constitution was
failed because it was against the wishes of the people.
Q.2: Discuss salient features of Indian
Independence Act
1947.

1) Preface
The Indian Independence Act 1947 is an Act of the Parliament of the United
Kingdom that partitioned British India into the two new independent countries such
as India and Pakistan. The Act received the royal assent on 18 July 1947, and Pakistan
came into being on 14 August and India came into being on 15 August.
Lord Mountbatten reached India on March 24, 1947. As soon as he reached, he declared
that he will complete the work of transfer of power into the Indian hands within the
next few months and he held consultations with the Indian leaders for this purpose in
the meanwhile the Indian Independence Bill was presented before British Parliament on
July 4, 1947 and was passed by Parliament on July 18, 1947.

2) Indian Independence Act 1947

Two states were established in accordance with the Indian Independence Act 1947
which was passed by the British Parliament. The new states were fully authorized to
form their own constitution and constituent assemblies within their countries.

3) 3 June Plan
This is also known as the Mountbatten Plan. The British government proposed a plan
announced on 3 June 1947 that included following plans:
Plan of Partition of India would accepted by the British Government

The status of Independent governments would be given to dominion

4) Salient features
Salient features of Indian independence act are as under

1. Partition of India
On 15th August 1947, after the partition of India, two independent kingdoms. India and
Pakistan would be established.
Eastern Bengal, Western Punjab, Sindh and North-West Frontier Province would be
included in Pakistan.

2. Legislature supremacy
Indian independence act 1947 provides for legislature supremacy of the two dominions.
It was not obligatory on both the nations to accept the membership of the British
Commonwealth of Nations. The choice was left to India and Pakistan.
3. Cessation (End) of British Rules:
It was approved that all the prevailing rules and regulations of the British Government
would be abolished and both of the countries are entitled to rule on their countries
under established rules of their own.

4. Two constitutional assemblies:

Indian independence act provided two constitutional assemblies for two dominions. All
powers would be vested in the constituent assembly of each dominion.

5. Right to remain member of British common wealth:

Under the Indian independence act the dominions were given full rights to decide
whether they want to remain with the British commonwealth of nations or nor. No
restrictions were imposed on them.

6. Interim constitution
Till the framing of the new constitution each of the dominions and all the provinces
would be governed in accordance with the government of India act 1935.

7. End of the right of the king to veto

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.

8. End of the title "Emperor of India

The title "Emperor of India" would be dropped from the king of England.

9. Option for Armed and civil servants

All the civil and army servants were given full option to join either of dominions.

10. Termination of the Suzerainty of the crown

It provided that for termination of suzerainty (Jageer) of the crown over the Indian
states. All treaties, agreements, exercisable by his majesty with regards to the states
and their rulers would be laps from 15th August 1947.

11. End of the office of the secretary of states

The office of the secretary of the states for India would be abolished and his work would
be taken over by the secretary of the state for common wealth affairs.

12. Office of Governor general:

It 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.

13. Right of dominion state:

The rulers of dominion states were given option to join either of the dominion keeping
in view the majority of their population.
14. Right to amend the Govt. of India act of 1935:
Under the independence act each dominion was authorized to amend the government
of India act 1935.

15. Agreement with the Tribes:

Agreement with the tribes of the north-western frontier of India was to be negotiated
by successor dominion.

5) Preclude Remarks:
To Preclude, we can say that the; 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 till the
enactment of new law.
Q.3: Write a detailed note on the Government of
India Act
1935.

1) Preface
The Government of India Act 1935 was the last constitution of British India. It lasted
until 1947, when British India was split into Pakistan and India. The act. Detailed
document was provided with 321 sections and 10 schedules. The govt of India act 1935
was very lengthy and it was a comprehensive written constitution given to India and it
has no preamble and it came into force on 1st April 1937.

2) Historical background
In March 1933 British Govt issued a document named “White Paper”. It contained
two
important things.
1 New Indian constitution would be diarchy at the center.
2 Set up of responsible govt in the provinces.
In April 1933 The Joint Select Committee of the British Parliament examined the
“White Paper” and submitted its report in December 1934.
A joint committee continued the process of consultation until Govt of India act has
enacted.

3 Importance of India Act

Constitutional history of Pakistan starts with the Government of India act 1935. Under
Independence Act sec (8). Iit was adopted as interim constitution of Pakistan with some
amendments. It has also been a source of Constitutional making in Pakistan.

4 Objectives of India act 1935

Following were the main objectives of the Indian Act 1935.
Establishment of a Federation

Provincial Autonomy

Separation of Burma from India

5 Salient feature of Govt of India Act 1935

Following are the salient feature of Govt of India act 1935.
1) Provincial autonomy
Eleven provinces were granted provincial autonomy. Provincial Autonomy is such a
system in which the government of the provinces is independent from any external
influence and does not rely under federal influence.

2) All India federation

Under this act it was proposed that All Indian Federation to be established consisting of
11 governors of Provinces and 5 Chief Commissioner of 5 provinces.

3) Methods of accession (Consent)

Under this act it was proposed that the state could join the federation and after this
accession the state would become a unit of the federation.

4) Abolishment of unitary form of government

The govt act of India 1935 has abolished the unitary form of government which had
been working in India since the regulation act.

5) Position of secretary of state

Secretary of the state had no powers to interfere in the administrative matters of the
state.

6) Position, powers and functions of Governors

Following are the powers and functions of governors.
The governor was charged with responsibilities for the peace and order.

Governor was entitled to act on the advice of ministers.

He was given veto power with regard to legislation.

He was entitled to issue ordinance for six months

In case of constitutional break down he was authorized to dissolve the legislative

assembly.

7) Bicameral legislature
Bicameral legislature is the practice of having two legislative chambers. The relationship
between the two chambers of a bicameral legislature can vary. In some cases, they have
equal power, and in others, one chamber is clearly superior to the other. It is
commonplace in most federal systems to have a bicameral legislature.

8) Provincial legislature
The act of 1935 attempted to make each province “Mistress in her won house”

9) Rigidity
The govt act of India 1935 was rigid. Only the British government alone was given the
power to amend the act.
10) Separation of powers
The principle of separation of powers was adopted and three legislative lists were made.
Federal legislative list

Provincial legislative list

Concurrent legislative list

11) Establishment of new institution

Under the Government of India act 1935, new institutions like Federal court, Federal
Railway Authority, Reserve Bank of India and public service commission were
established.

12) Creation of new provinces

Sindh and Orissa were created as new provinces.

13) Lengthy
The Government of India Act 1935 was lengthy. It was the longest bill ever passed by
the British Parliament. The reason for this length was parliament’s lack of trust of Indian
politicians and people.

14) List of subjects

Three lists of subject were drawn up.
Federal list

Provincial list

Concurrent list

6 Defects of Govt of India act 1935

Following are the defects of Government of India Act 1935.

1. Undemocratic
This act was undemocratic because it was against the spirit of true democracy.

2. Discretionary powers of the Governor

The powers of the governors were frustrated as well as other all executive and
provincial legislatures were powerless officials.

3. No preamble
The Government of India Act 1935 contained no preamble.

4. Indirect election of Federal assembly

Indirect election of federal assembly was a defect of this act.
5. No control of Indian govt over Army
Under this Act, Indians has no absolute control over Army.

6. Restricted powers of provincial legislature

Under the Government of India Act 1935, the powers of provincial legislature were very
restricted.

7. No control of federal legislature over executive and Governors

Federal legislature had no control over executive and governors.

8. No enforcement of the federal part of act

Government of India Act was passed in 1935. Only the part relating to provinces came
into force in 1937. It is also a defect of the Act that no attempt was made to enforce the
federal part of the Act.

9. Privileged position of Indian states

Under Government of India Act 1935, Indian states were given a privileged position. The
representation given to them both in the council of the state and federal assembly was
more than what was due to them.

10. Complicated statute

The Government of India act 1935 was a complicated. It has been most complicated
instrument in the whole history of constitutional development.

11. No bill of Rights

The Government of India Act 1935 contained no bill of rights in it.

7 Preclude Remarks
The Government of India act 1935 was the outcome of a long constitutional history. It is
also a product of the three elaborate sessions of round table conference held in London.
It is an important act because it is one of the foundation stones of the present Indo Pak.
Muhammad Ali Jinnah said the Government of India act 1935 basically faulty and
unworkable. This act failed to solve Hindu Muslim problems.
Constitution Case Law

Q.1: Supreme Court of Pakistan in Asma Jillani Vs

Govt. of the Punjab (PLD 1972 139).

1) Preface
Asma Jillani case is one of the important cases in the history of Pakistan. It paved the
way for the restoration of the democracy in the country. The detentions of Malik
Ghulam Jillani and Altaf Gohar were challenged in the court. The second round of
Martial Law which begins under General Yahya Khan was abrogated under extensive
conflict against Ayub khan who called the Army to take over the government.

2) Facts of the case

The two appeals, one filed by Miss Asma Jilani in the Punjab High Court for the release
of her father Malik Ghulam Jilani , and by Mrs Zarina Gohar in the Sindh High Court for
the release of her husband Althaf Gohar, under Article 98 of the Constitution of Pakistan
1962. The detention of Malik Ghulam Jilani and Althaf Gohar had been made under the
Martial Law Regulation No.78 of 1971. So the detention of these persons was
challenged in Lahore and Karachi High Court respectively.
Supreme Court further held that neither Yahya khan was a victor nor Pakistan was an
occupied territory and declared him a "Usurper (Ghasab)". All his actions were also
declared illegal.
When Asma Jilani's judgment was released, Yahya khan was not in power, but now it
was Bhutto's Martial Law and Bhutto was the chief Martial law Administrator and the
president.

3) Arguments of Petitioner
Daughter of Ghulam Jillani challenged the order on the following grounds in Lahore High
Court.

Martial Law Administrator has no such authority.

The detention is illegal.

4) Arguments by respondent
Punjab government presented the following arguments.
Detention is legal

Martial law Administration has authority to pass such order of detention.

5) Decision of the high courts

Following are the decisions of the courts. Details are as under.

1. Lahore High Court

Lahore High Court relying on the decision of the case of State Vs Dosso Holding the
jurisdiction of courts (Removal of doubts) order 1969 as valid and stated that is out of
from the jurisdiction of the court

2. Sindh high court

Sindh High Court also dismissed the petition of Altaf Gohar and held that it had no
jurisdiction to grant relief against Martial Law order for same reasons as given by the
Lahore High Court.

6) Appeal in the Supreme Court

Both of the petitioners appealed to the Supreme Court on the grounds given below.
Dosso has no application in the said case.

Army cannot interfere in the fundamental rights of the people.

Chief of Army Staff is under an obligation and he is bound to safeguard the
constitution.
Laws of the state are not annulled because of proclamation of the Martial Law.

7) Decision of Supreme Court

Writ was admitted and detention was declared illegal and following remarks were given
by the Supreme Court in this regard.

No action harmful to the life, liberty, body, reputation or property of a person
shall be taken except in accordance with law

No person shall be prevented from, or be delayed in, doing that which is not
prohibited by law

No person shall be compelled to do that which the law does not require him to
do.

8) Rules laid down in the judgment

Following rules were laid down.
Dossow case has no application.
Martial Law Regulation no 78 is invalid.

Because of proclamation of Martial Law. Law prevailed in the country are not

annulled.

Martial Law Administrator has no authority to pass order of detention of

Ghulam Jillani and other.

Dosso’s case obeservations were incorrect.

Kelson’s theory was not internationally accepted.

Sovereignty of entire world belongs to ALLAH.

Imposition of the Martial Law does not confer any power to commander of the

armed force to annul the constitution.

9) Impacts of the case

The decision of the court was not completely in the favour of Asma Jillani but it has
broader impact that it has weaken the concept of dictatorship in an Islamic State and it
opened a new window for the fresh air of democracy in Pakistan. Furthermore, this
decision also disregarded the law of necessity by discrediting imposition of Martial Law
in any situation.

10) Preclude Remarks

Asma Jillani’s case proved a landmark in the history of Pakistani judiciary. Pakistan
Supreme Court overruled state v.s dosso. Before the pronouncement of the judgment in
this case Yahha Khan resigned and Zulfiqar Ali Bhutto became president under the
interim constitution. However the judgment created a huge and it was widely welcomed
by the people.
Q.2: Discuss Nusrat Bhutto V/s Chief of Army Staff
case
1977.

1) Preface
A petition by Begum Nusrat Bhutto, under Article 184 (3) of the 1973 Constitution of
the Islamic Republic of Pakistan, sought to challenge the detention of Mr. Zulfiqar Ali
Bhutto, former Prime Minister of Pakistan, and the other leaders of the Pakistan
People’s Party. This petition was heard by a bench of nine judges of the Supreme Court.
Case was decided in favour of the federation on November 10, 1977. The Supreme
Court unanimously validated the imposition of Martial Law under the doctrine of
necessity.

2) IMPOSITION OF MARTIAL LAW

In the early hours of 5th of July, 1977, Armed forces took over the state administration.
Army Chief General Muhammad Ziaul Haq proclaimed the Martial Law.
Following steps were also taken.
Fundamental rights were suspended.

Chief of Army Staff took the charge of Administration.

Some Articles of 1973 constitution were suspended.

National and Provincial Assemblies were dissolved.

All political activities were banned till further order Zulifqar Ali Bhutto and some

political leaders of P.P.P were arrested


Keeping in view above mentioned detention of Zulfiqar Ali Bhutto , Begum Nusrat
Bhutto challenged the detention of her husband and other leader under Article 184 (3)
in the original jurisdiction of the Supreme Court

3) Facts of the case

Following are the facts of case of Begum Nusrat Bhutto vs. Chief of Army Staff

1. Allegation of Official Interference with Elections of 1977

Opposition parties alleged that there was official interference with elections of 1977 in
favour of ruling party of Prime Minister Zulfiqar Ali Bhutto.

2. Anti-Bhutto Movement
Opposition parties never accepted results of elections of 1977. Therefore, they started
anti-Bhutto movement.
3. Imposition of Martial Law
Prime Minister Zulfiqar Ali Bhutto’s dialogues with opposition leaders failed to stop
military interference, and eventually General Zia-ul-Haq dismissed this government and
imposed martial law.

4. Arrest of Zulfiqar Ali Bhutto

With imposition of martial law, Zulfiqar Ali Bhutto was arrested as well as some other
leaders were also arrested.

5. Release of Zulfiqar Ali Bhutto

After some days, military government released Zulfiqar Ali Bhutto

6. Re-arrest of Zulfiqar Ali Bhutto

After his release, Zulfiqar Ali Bhutto started public campaign, and this campaign caused
not only his re-arrest, but also arrest of his colleagues

7. Case filed
Against re-arrest of Zulfiqar Ali Bhutto, Begum Nusrat Bhutto filed this case against Chief
of Army Staff

4) Arguments of petitioner
Following were the arguments of Yahiya Bakhtiar the counsel of Nusrat Bhutto.
Under the constitution of 1973 the Chief of Army Staff has no Authority to
Impose the Martial Law.

Detention of Mr. Bhutto and other leader was without lawful authority and
illegal.

Proclamation of Martial Law is act of high treason under Article 6 of the
constitution of 1973.

Detention order has resulted in open violation of the fundamental rights as
provided by the constitution.

5) Arguments of Federation and COAS

Respondents chief of Army Staff and Federation of Pakistan presented the arguments as
under.

Under the constitution of 1973 Supreme Court has no jurisdiction to entertain
this petition.

The change of 5th July, 1977 did not amount to usurpation of state power by
the chief of Army staff.

Chief of Army staff is not usurper (Ghasib) who had illegally attained the charge
as a result of huge rigging in election

The purpose of Chief of Army Staff was to hold the fair elections in the country.

The democratic institution shall be restored soon.

The arrested persons were under protective custody.

6) Decision of Supreme Court

Supreme Court of Pakistan dismissed the petition of Nusrat Bhutto and validated the
arrest of Zulfiqar Ali Bhutto. So the case was decided in favour of federation of Pakistan
and chief of Army Staff. Chief Martial Law Administrator has stepped in for a temporary
period and for purpose of arranging fair election because the Prime Minister failed to
maintain law and order. There was political crisis in country leading to constitutional
breakdown these were those circumstances keeping in view the Chief of Army Staff
General Muhammad Zia-ul-Haq interfered to save country from disorder and bloodshed.

7) Rules laid down in the case

Following are the rules which were laid down in the report.
Chief of Army staff is not a usurper.

Dismissal of Bhutto from power was declared as valid in the name of state
necessity.

Doctrine of necessity is not of western jurists.

Doctrine of necessity has Islamic origin having been based on and deducted
from various verses of Holy Quran

The welfare of people is supreme law

Martial Law government had acquired the powers udder the doctrine of
necessity

The extra constitutional steps taken by the armed forces of Pakistan were
justified.

Chief of Army Staff, his powers by means of extra constitutional steps is entitled
to perform all such acts and promulgate all legislative instruments as falling
within the scope of the law of necessity.

8) Preclude Remarks
Keeping in view above discussion, it is concluded that the Supreme Court held valid laws
continuance in force order 1977. Chief justice concluded in this case that the extra
constitutional step taken by the armed forces of Pakistan was justified and validated the
Martial Law on the basis of special facts and circumstance of the case i.e., break-down
of Constitutional machinery or law and order.

Q. 3: Discuss in detail the Dosso Case.

1) Preface
State v/s Dosso is a simple case of murder committed by a person named, Dosso in
Balochistan. He was convicted under the tribal system of justice by Loya Jirga as
enumerated in FCR(frontier crimes regulation); but his relatives approached to the
Lahore high court which repealed the decision of Loya Jirga, later on, on the appeal of
Federal Govt, Supreme court reversed the decision of Lahore High court. The case got
importance, because it indirectly questioned the legalization of Martial law imposed by
Ayub Khan on 7th Oct, 1958.

2) Background of the case

A murder took place in the Lora lai district of Balochistan by a person named as
Dosso.He was arrested and was handed over to Loya Jirga. The Tribal authorities
charged him under FCR, 1901. The relatives of Dosso upon this filed a writ petition in
Lahore High court against the decision of Loya Jirga. Lahore high court heard the case
under the constitution of 1956, and held its verdict in favor of Dosso.Lahore high court
also declared FCR as an unconstitutional. The Federal Govt filed appeal against this
decision in SC of Pakistan. Supreme Court decided the case in favor of the federal govt.

3) Imposition of Martial Law

By the proclamation of October 07, 1958 the constitution of 1965 was annulled.
Central legislature and central cabinet were dissolved.

Provincial legislature and provincial legislature were dissolved.

The Martial Law was imposed and chief of Army Staff M.Ayun Khan took the office of
Chief
Martial Law Administrator.

The Chief Law Administrator promulgated the Law (Continuance in force) order 1958.

4) Features of law
Following are the main features of Law (Continuance in force order 1958).
All Laws which existed before imposition of Martial Law were validated.

Chief Martial Law took over the control of legislative and administrative authorities.
The Jurisdiction of the courts was restored by the chief Martial Law administrator.

It had an exception constitution of 1956 was not validated by this order.

It contained direction that Govt of the country. Thereafter to be known as Pakistan not
the

Islamic republic of Pakistan.


Government shall be governed nearly in accordance with the constitution of 1956.

5) Facts of the Case

Dosso and other were convicted under Section 11 of FCR 1901, and handed over to Loya
Jirga. The Jirga convicted Doss

1. Writ by the petitioner

The relatives of Dosso filed a petition against the proceedings of council of elders
regarding Dosso case in Lahore High Court. They challenged the references and the
convictions on the grounds that the Relay Article of the FCR were void being
repugnant in the “Equity before Law" and the equal protection of Law" and the right to
counsel embodied in Articles 5 and 7 of the 1956 Constitution.

2. Decision of the high court

The High Court decided the case in favor of Dosso and declared FCR offensive to 1956
constitution. Article 5 and 7 of which ensured the equality of all before the law.
Therefore Lahore High Court decided the proceedings of council of elders as null and
void under FCR, 1901.

3. Effect of decision of Lahore High court

The effects of this decision were that, after the declaration of FCR as offensive to the
constitution; then the validity of those cases were questioned, which were decided
under FCR since long before it was enacted, and especially since 1956 when the new
constitution was promulgated

4. Appeal to the Supreme court

The Federal Government of Pakistan went into an appeal in Supreme Court against the
decision of the Lahore High Court. The Supreme Court decided 13th October 1958 as the
date for hearing the case. But prior to that on October 7, 1958, a heavy change came in
the political history of Pakistan; when 1st Martial Law was imposed in the country.

5. Decision of Supreme Court

Court held that:
Frontier Crimes Regulation (FCR) 1901 is effective and in force.

Victorious Revolution is an internationally recognized method of changing constitution.

After the change courts have no jurisdiction.

After Revolution court performs limited functions and has to within the limit of the new
order.

6) Preclude Remarks
Dosso case is very important case in the history because it left significant effects on the
development and image of Pakistan. The decision of the court was based on the
Keelson’s theory of legal positivism.
 ‫آپ سب کی دعاؤں کا ہمہ وقت طلب گار‬

‫لیکچرار‪ :‬مــبشراقبال‬
‫ایڈووکیٹ ھائی کورٹ‬
‫‪LL.B, LL.M, MSC, Dipl Communication Skills‬‬

‫آفس‪ :‬فاطمہ اینڈ اقبال الء چیمبر الھور‬

‫ایڈریس‪ :‬ھجویری ٹاور بیسمنٹ ‪ 01-B‬چوبرجی چوک‬
‫لوئرمال الھور‬
‫‪Call No: 0300-0096491‬‬