CONSTITUTION OF PAKISTAN 1973 MCQS

1. According to black’s law dictionary constitution is the organic and

fundamental law of nation or state which may be written or
unwritten.
2. Fundamentality is the first essential of constitution.
3. Constitution of Pakisan enivisages that sovereignty of the entire
universe belongs to Almighty Allah and the authority to be
exercised by the people of Pakistan with in the limits prescribed by
him as sacred trust.
4. Under Article 1 (1) Pakistan shall be federal republic to be known
as Islamic Republic of Pakistan.
5. Pakistan has been first country to introduce the modern concept of
Islamic Republic which later on was adopted by Iran and Libya.
6. The preamble of constitution is a charter comprising of Nine
commands ordained by the people of Pakistan
7. Constitution envisages the tricotmy of powers amongst three
organs of the state namely legislature, Executive and Judiciary.
8. Legislature has to legislate and amend the Law , while
judiciary/courts has to interpret the laws and Executive has to
implement the Law.
9. The federation of Pakistan is based on co-operative federalism.

10.Pakistan cannot amend the constitution to replace the federation of

Pakistan with confederation.
11. Under Article 2 Islam shall be the State Religon of Pakistan .

12. Under Article 2A the objectives resolution to form a part of

substantive provisions of the constitution and shall have effect
accordingly.

13. Objective resolution was moved by the then prime minister Liaqat
Ali Khan on 7-3-1949.

14. Preamble essentially is not an operative part of the Constitution .

15. preamble is also not a grund norm.

16. it is a substantive part of the constitution.

17. objective resolution status and role was first raised in ASMA
JELLANI VS FEDERATION CASE |( PLD 1972 SC 139 ).

18. state vs Dosso caswe is cited as ( PLD 1958 533 ).

19. Mehmood khan achakzai vs federation case is cited as ( 1997 SC

426 ).

20. whenever there is a conflict between Shariah law and codified

Law the former shall prevail.

21. Under Article 3 the state shall ensure the elimination of all forms
of exploitation and gradual fulfillment of the fundamental principles,
from each according to his liability to each according to his work.
 22. under article 4 right of an individual to be dealt with in
accordance with law .

23. Article 4 ensures that all the individuals should enjoy equal
protection of law and should be treated in accordance with law.

24. every citizen of Pakistan is to be loyal to state as ordained in

Article 5 of the constitution.

25. under Article 6 any person who abrogates, or attempts or abets

the abrogation of constitution is said to commit High Treason.

26. Constitution of 1956 was abrogated on 7 th October 1958 by

sikender miraz and then he appoint Ayub khan as Martial Law
Administrater.

27. On 25th march 1969 , Gen. Yahya Khan abrogated the 1962
constitution.

28. on 5th july 1977 gen. Zia abrogates the 1973 constitution .

Part ii ( fundamental rights and principles of policy)

29. Under Article 7 , the state means a federal government ( ,

majliseshoora, provincial and all other authorities) as empowered by law
to impose tax or cess.

30. the word country refers to a geographic region.

 Fundamental rights

31. according to locke “ a man is born with a title to perfect freedom

and an uncontrolled enjoyment of all the rights and privilidges of law of
nature”

32. Article 8 postulates that state shall not make any law which take
away or abridges the fundamental rights of citizens and any law made in
contradiction will be void .

33. under article 9 no person shall be deprived of life or liberty save in

accordance with law.

34.article 10 safegaurds the arrest and detention of a person by stating

that no person shall be detained without being infored and be presented
before magistrate with in 24 hours and no detention shall exceed 3
months from the date of arrest.

35. Article 10-A ensures the right of fair trial to every citizen as
guaranteed by the constitution.

36. The right to fair trial is based on an old maxim : nemo debet esse
judex in propria sua causa : that ; No man can be judge in his own
cause :

37. Under Article 11 all types of slavery and forced labour are strictly
prohibited and no child under the age of 14 years shall be engaged in
any factory.
38. under Article 12 ( protection against retrospective
punishment )no law shall authorize the punishment retrospectively
when the the offence is commited prior the enactment of such law .

39. Article 13 provides protection against double punishment and self

incrimination and no person shall be prosecuted twice nor he can be
compelled to be witness against himself.

40.Article 13 is based on double jeopardy according to which no

person can be punished twice for the same offence.

41. nemo debet bis vixari pro eadem causa : means that a person may
not be put twice in peril for the same offence.

42.autre fois aquit means previously aquitted.

43.under Article 14 the dignity of man and subject to Law , the

privacy of home , shall be inviolable and no prson shall be subject to
torture for the purpose of extracting evidence.

44. Under article 15 is about freedom of movement , under which

every person has right to move and reside freely throughout Pakistan .

45. Article 16 is about freedom of Assembly under which every citizen

has the right to assemble freely and without arms.

46.communis error farit jus means common errors makes law.

47.Article 17 is about freedom of Association under which every citizen

have the right to form association or unions.
48. Article 17 also speaks about the disclosing of source of funding of a
party in accordance with Law.

49. Article 18 is about freedom of trade, business or profession.

50. under Article 18 every citizen have the right to enter into lawful
profession and to enter into any lawful trade or business.

51.Article 19 is about Freedom of Speech under which every citizen

have the right to freedom of speech and expression, press .

52.Freedom of speech is not absolute on all ocassions but certain

restrictions can be imposed by some reasonable grounds.

53. Article 19A is about Right to information under which every

citizen shall have access to information in all matters of public
importance.

54. Article 20 is about freedom to profess religion and to manage

religious institution.

55. Article 21 is about safeguards against taxation for purposes of any

particular religion under which no person shall be compelled to
pay a special tax for the propagation of another religion other than
his own.

56.Article 22 is about safeguard as to educational institutions in

respect of religion under which no person attending educational
institution be compelled to to receive religious istructions of
 another religion nor any discrimination on the basis of religion in
the institution be acceptable.

57.Article 23 is about property under which every citizen have the right
to acquire , hold and dispose of property in any part of Pakistan.

58.Article 24 is about protection of property under which no person

shall be deprived of his property save in accordance with the Law.

59.under Article 25 all the citizens are equal before law and there
shall be no discrimination on the basis of sex.

60. Article 25A is about right to education under which every citizen
have the right to education free of cost to all the children from age
5 to 16 years.

61. Article 26 is about non- discrimination about access to public

places .

62.Article 27 says that no citizen otherwise qualified for a post or

appointment in the service of Pakistan shall be discriminated on
the basis of sex, caste, religion etc.

63. Article 28 is about the preservation of language , script and culture

and every citizen have the right to preserve these .
 Ch: 02 =PRINCIPLES OF POLICY

1. 64. Article 29 is about principles of policy under which it is the

responsibility of each of the organ to act in accordance with the
principles of policy .
2. 65. Article 30 is about responsibility with respect to the
princiles of policy.
3. Article 31 is about Islamic way of life under which steps shall be
taken to enable the muslims of Pakistan to order their lives in
accordance with the fundamental principles and basic concept of
islam, and to secure correct printing of Holy Quran and to secure
proper organization of zakat, auqaf and mosques.
4. Under Article 33 the state shall discourage parochial , racial ,
tribal , sectarian and provincial prejudices among citizens.
5. Under Article 34 state shall ensure full participation of women in
all spheres of Life.
6. Under Article 35 of the constitution of Pakistan the state shall
ensure the protection of marriage, the family and the child.
7. Under Article 36 , the state shall protect the legitimate rights of
minorities.
8. Under Article 37 , the state shall promote social justice and
eradicate social evils.
9. Article 38 is about promotion of social and economic well-being
of the people.
10. Under Article 38 (f) the state shall elaminate Riba as early as
possible.
11. Under Article 39 , the statev shall enable people from all
parts to participate in the Armed Forces of Pakistan.
12. Under Article 40 , the State shall endeavour to preserve the
elations strengthen with the muslim world and also promote
international friendly relations with the people of Asia, Africa and
latin America.

Part iii

Federation of Pakistan

1) Under Article 41 , there shall be a president of Pakistan who shall

be the head of state.
2) Under 41 a person shall not be qualified for president unless
muslim and of not less than 45 years of the age.
3) The president shall be elected by the members of both houses and
provincial assemblies.
4) Election of president shall be held not earlier than 60 days and not
later than 30 days before the expiration of terms of president in
office.
5) If the election is not held in the period then it shall be held within
30 days of general elections.
6) Under Article 42 the prisednt shall make oath before the Chief
justice of Pakistan in the form set out in 3rd schedule.
7) Under Article 43, the president shall not hold any office of profit
in the service of Pakistan .
8) Under Article 44 the president shall hold the office for a period of
5 years and no person shall hold the office of president for more
than 2 consecutive times.
9) Under Article 45 , the president have the power to grant pardon,
or to remit or commute the sentence passed by any Court or
tribunal.
10) Under Article 46 , it is the duty of Prime minister to inform
the president about all the decisions of cabinet related to the
administration of affairs of federation and proposals for
legislation.\
11) Under Article 47, the President may be removed from service
on the ground of physical or mental incapacity or impeached on a
charge of violation of constitution.
12) Under Article 47 , not less than one-half members of NA
shall move a resolution notice for the removal of president and
speaker shall transmit fortwith with in three days to the president.
13) If after consideration of results of the investigation , the two-
third members of joint houses passed a resolution the president will
be declared unfit.
14) Under Article 48, the president to act on the advice of
cabinet or prime minister.
15) Under Article 48 (5) where the president dissolves the
National Assembly , he shall appoint a date not later than 90 days
for holding of general elections .
16) Under Article 49 , if the absence of president is due to his
abroad visit or vacant office , the the chairman if chairman is not
available then the speaker of National Assembly.

MAJLIS-E-SHOORA( PARLIAMENT )

1. Under Article 50, there shall be a majlis-e-shoora consisting of

President and two houses .

2. Parliament of Pakistan is Bicameral , wherein the president and the

two house ( NA, SENATE ) constitute parliament.

3. under Article 51 , there shall be 336 members of National

Assembly uncluding women and non-muslim seats which are 60 and
10 respectively.

4. under Article 52 , the National Assembly shall continue for a term

of five years.

5. under Article 53 Speaker and Deputy Speaker of the National

Assembly are Elected .
6. the speaker shall continue his office till the next person enters upon
his office.

7.the Speaker and deputy speaker may address to President by

resigning from office.

8. speaker can be removed from his office by the simple majority of

votes of members of the Assembly.

9. speaker and deputy speaker are selected bby the members of

Assembly under Article 53 of the constitution.

10.under Article 54 President ay summon both the Houses from time

to time for the joint sitting at such time and place as he thinks fit.

11. under Article 54 , there shall be atleast 3 sessions of the National

Assembly every year.

12. Not more than 120 days shall intervene between the last sitting of
Assembly in one session and the date appointed for its first sitting in
next session.

13. The National Assembly shall meet for not less than 130 working
days in each year.

14. the National assembly shall meet on the requisition of not less
than 1/4th of total membership of Assembly.
15. under Article 55 all the decisions will be taken by the vote of
majority members and person presiding will not vote except in the
case of equality of votes.

16. if the Quoram is less than 1/4th ,then speaker shall adjourn or
suspend the meeting.

17. under Article 56 , the president may summon to address both

houses for the first session of the commencement of Assembly after
elections and at the commencement of first session each year.

18. under Article 58, the president shall dissolve the assembly after
the advise of PM and soon after 48 hours of the advise of PM , the
National Assembly will stand dissolved.

19. under Article 58 (2) , the president may dissolve the National
assembly at his own discretion.

20. Senate of Pakistan contains total 100 members out of which 23

members from each province 4,from FATA and 4 from federal
capital. 62 are general seats while 17 , 17 each for technocrats and
women , and 4 for non muslims.

21. Election to senate shall be held by proportionaterepresentation by

means of single transferable vote.

22.member of senate shall be selected for a term of 6 years.

23.under Article 60 the chairman and deputy chairman are selected
among it members.

24.the term of office of chairman and deputy chairman shall be three

years from the day on which he enters his office.

25. Under Article 62 , a person is qualified to be a member of

National Assembly if he is of the age of 25 years.

26. Under Article 62 ( c ) , a person is qualified to be a member of

senate if he is of the age of 30 years.

27. Article 62 is about the qualification of the member of majlis-e-

shoora and Article 63 is about the disqualification of the member of
majlis-e-shoora.

28.under Article 63, A person is not competent to be member of

majlis-e-shoora if he is convicter by the court of competent
jurisdiction for propagating in any manner or acting in prejudice to
the integrity of Pakistan, or causes defamation to armed forces unless
a period of 5 years is elapsed.

29. the speaker will refer the matter to election commission and it will
decide with in 90 days after the reference is received.

30. Under Article 64, seat of the member may be declared vacant if
he is absent for 40 consecutive days of the sitting of House.
31. under Article 64, the members of house to take oath before
entering into office , as provided in third Schedule.

32. under Article 66, no member shall be liable to any proceeding in

any Court what he has said in the House .

33. under Article 67 no discussion shall be made in parliament with

regard to a judge of supreme court or high court in discharge of his
duties.

34. under Article 68 , no court to enquire into proceedings of Majlis-

e-shura .

Legislative Procedure

1. under Article 70, a bill may originate in either house and if it is

passess without amendment , then it will be send to the president for
Assent.

2. if it is passed with amendments it will be sent back to the house

from where it originated and passing from that house it will be send
to the president for Assent.

3. if a bill originated is not passed by the other house then it will be

passed by joint sitting by the majority votes and finally to the
president for final Assent.

4. federal legislative list means , the list mentioned in fourth schedule.

5. under Article 72 , procedure for joint sitting is provided and in
joint sitting , the decisions will be from the votes of majority
members of the joint sitting.

6. Under Article 73 , the money bill shall originate in the National

Assembly and copy of it be transmitted to senate , from where within
14 days the recommendations be made.

7. the decision either the bill is money bill or not is vested with the
speaker of National Assembly and is conclusive.

8. A bill is a money bill when it is about imposition of tax, borrowing

of money , audits of accounts of government and giving of guarantee
and any financial obligation of government.

9. A bill is not a money bill when it is for the imposition of fine or

penalty of liscence fee or imposition , remission and alteration of any
tax on local authority for the local purposes.

10. undr article 75 when a bill is presented to presented , he shall

assent with in 10 days for approvel or amendment , if amendment
then if it passed by the majority in joint sitting with or without
amendment , then it will be assented by the president otherwise after
10 days it will be deemed to be assented.

11. when the president Assent the bill, it shall become the law and be
called the act of parliament.
12. Under Article 78 all money , loan recived by the federal
government to be known as federal consolidated fund and to be
credited to the public account of federation.

13. undr Article 88, the finance committee for secretariat of both
houses shall consists of speaker or chairman , finance minister and
other members.

14. under article 89, president may ( except when NA and senate are
in session ), make and promulgate the ordinance as the circumstances
require.

15. an ordinance shall stand repealed after the expiry of 120 days if it
is not extended by the Assembly and it can only be extended once.

16. the ordinance shall have the same effect as of law but the status of
ordinance does not aquire the status of an act of parliament.

CH:3 FEDERAL GOVERNMENT

1. prime minister is the chief executive of federation.

2. under Article 90, the executive authority of federation shall be

exercised in the name of president by the federal government ,
consisting of PM and federal ministers which shall act through PM.

3. under Article 91 (4) the prime minister shall be elected by the

votes of the majority of total membership of Parliament.
4. The prime minister shall make an oath before president before
entering into office in the form as set out in 3rd schedule.

5. A minister who is not a member of Assembly after working for 6

consecutive months shall ceases to be minister for the entire
remaining period.

6. Under Article 92, the president shall appoint the federal ministers
from the parliament on the advise of Prime minister.

7. The total strength of the cabinet shall not exceed 11 percant of the
total membership of Parliament.

8. federal minister or minster of state shall make oath before the

president before entering into office.

9. under Article 93 , the president may on the advise of prime

minister appoint advisors not more than five.

10. Under Article 95 , a resolution for the vote of no- confidence

against P.M may be passed by the members not less than 20 percent
of total members of National Assembly.

11. if the resolution is passed by the majority of the members , then

the P.M shall cease to hold his office.

12. The executive actions of the federal Government shall be

expressed to be taken in the name of President.
13. Under Article 100 , the president shall appoint Attorney General
who is qualified to be a judge of Supreme Court .

14. It is the duty of Attorney General to give advise to federal

Government and to perform other legal duties as advised by the
federal government.

15. Under Article 101 there shall be a governer for each province
who shall be appointed by the president on the advice of prime
minister.

16. Eligible age for the Governer is 35 years .

17.Under Article 102 , before entering upon office , the governer

shall make before chief jusitice of High Court an oath set out in third
schedule.

18. under Article 104, if the Governor is absent from the province ,
the speaker shall perform the duties on his behalf.

19. where the Governor dissolves the Assembly , he shall appoint a

date not later than 90 days from the date of dissolution.

20. Governor is bound by the advice of Chief Minister and is enjoined

to act in consonance therewith.

21. total members of National Assembly are 342.

22 .total members of Balochistan Assembly are 65, Punjab 371, KP

145, Sindh 168.
23. Under Article 112, the Governor shall dissolve the provincial
Assembly on the advice of Chief minister and the assemblies shall be
deemed to be dissolved after the expiry of 48 house from the advice
of Chief Minister.

24. The Governor may also dissolve the Assembly in his discretion
but subject to the approval of President.

25. Under Article 116 , the governor when a bill is passed from the
Assembly shall give his assent within 10 days otherwise it will be
deemed to be passed .

26. Under Article 128 Governor may promulgate the ordinance ,

except when the Assembly is in Session and will stand repealed after
90 days and assembly can further extend it for 90 days.

27. An ordinance laid before the Assembly shall be deemed to be a

bill introduced in the Assembly.
 CHAPTER:03

THE PROVINCIAL GOVERNMENTS

1. under Article 129 , the executive authority of the province shall be

exercised in the name of Governor by the provincial Government
consisting of chief minister and provinvial minister.

2. Under Article 130, the provincial Assembly shall meet on the 21st
day following the general elections to the assembly is held.

3. there shall be no restriction on the numder of trms for the chief

minister.

4. the chief minister before entering into office shall make an oath
before the Governor as envisaged in Third Schedule.

5. Chief minister shall not appoint more than 5 advisors.

6. The total strength of cabinet shall not exceed 15 members or 11

percent of the total membership.

7. Under Article 132 , the Governor shall appoint the provincial

ministers from amongst the members of provincial Assembly on the
advice of chief minister.
8. Under Article 133 , the governor may ask CM , to continue the
office until the new one comes into office.

9. Under Article 136, a vote of No-confidence may be passed against

the chief minister by not less than 20% of the total membership of the
Assembly.

10. A resolution shall not be voted before the expiration of 3 days and
nor later than 7 days from the day on which the resolution is moved in
the Assembly.

11. Under Article 140, the Governor of each province shall appoint a
person , being a qualified person to be appointed as a judge of High
Court, to be Advocate – General for the province.

12. Under Article 140A the local bodies government is constituted to

devolve political and administrative responsibility and its elections
shall be held by the Election commission of Pakistan.
 PART V

RELATION BETWEEN FEDERATION AND PROVINCES

CH:1 DISTRIBUTION OF LEGISLATIVE POWERS

1. Under Article 143 , if any provision of Provincial Assembly is

repugnant to Parliament , then the act of Parliament will prevail over
the provincial Assembly to the extent of repugnancy.

2. Under Article 145, the president may confer powers to Governor of

any province to discharge certain functions as his agent.

3. Under Article 148, it shall be the duty of federation to protect every

province against external aggression and internal disturbances.

4. Under Article 150, full faith and act shall be given throughout
Pakistan o public acts and records , and judicial proceedings of
every province.

5. Under Article 152, the federation may ask province to acquire land
on behalf of province for any purpose connected with federation.

6. counsel of common interest is constituted under Article 153 of the

Constitution of Pakistan consists of PM, CMs and three federal
ministers.
7. National economic counsel is constituted under Article 156 of the
constitution of Pakistan chaired by PM.

8. Under Article 157, federal government may construct thermal

power of other electricity installments in any province .

9. Under Article 158, the province where Natural Heads of the

Natural gas is situated shall have precedence over other parts
of Pakistan.

PART VI

FINANCE, PROPERTY , CONTRACTS AND SUITS

1. Under Article 160, the president shall constitute National Finance

Commission , consisting of Minister of Finance of federal
government, minister of finance of provincial government .

2. Under Article 168, the Auditor- General shall be appointed by the

President .

3. the Auditor-General shall make OATH before Chief Justice of

Pakistan in a form set out in Third Schedule.

4. The Auditor General shall hold the office fo 4 years and till the
attaining of 65 years age.

5. Under Article 172, owner less property in a province belongs to

government of Province, and in any other case to federal
government.
6. All minerals underlying the water or ocean belongs to federal
government.

7. Mineral oil and natural gas within province or territorial waters

adjacent thereto vest jointly and equally in that province and
federal Government.

8. Under Article 174, the federation may sue and may be sued by the
Name of Pakistan and a province may sue and may be sued in the
name of province.
 PART VII

JUDICATURE

1. Under Article 175 , supreme court, all high courts of provinces and
Islamabad high courts are established.

2. when there is a jurisdictional defect, the judgement can be said to

be passed without Lawful Authority.

3. Sole responsibility of the Judiciary is to interpret and apply the

Laws.

4. Under Article 175A , the Judges of Supreme Court, High Court and
Federal Shariat Court are appointed by the Judicial Commission of
Pakistan.

5. for the appointment of Judges of Supreme Court, the judicial

commission shall consists of 1. Chief justice of SC 2. 4 seniour
judges of SC. 3. Former CJ or former judge of SC 4. Federal Law
minister 5. Attorney General 6. Senior Advocate of Supreme Court
6. For the Appointment of Chief Justice of High Court includes 1. CJ
High court 2. Most senior Judge 3. Provincial Minister of Law 4. An
advocate having practice not less than 15 years in High Court.

7. For the Appointment of Judges of federal shariat Court includings

other members of commission of SC chief justice of federal shariat
court and most senior Judge of federal shariat Court to be its
members.

8. The commission shall nominate the name and send it to

parliamentary committee which consists of 4 members of senate and
4 members of National Assembly which shall within 14 days confirm
the vacancy and then the prime minister will confirm the nomination
and shall forward it to the president for Appointment.

9. Under Article 176 Supreme Court is constituted and it shall

consists of CHIEF JUSTICE TO BE KNOWN AS CHIEF Justice of
Pakistan and many other judges as determined by the act or as may be
fixed by the president.

10. Supreme court is not a federal court but it is a federal court.

11. Under article 177 , a person shall not be appointed to be a judge

of Supreme Court unless he has served as a judge of High Court for 5
years or remained an Advocate of High Court for 15 years in any
High Court.
12. under Article 178, before entering into office the Chief Justice
shall make an oath before president while other judges hsall make an
oath before chief justice of Supreme Court.

13. Under Article 179, retiring age of the Judge of Supreme Court of
Pakistan is 65 years .

14. under Article 180 when the chief justice is absent , the president
shall appoint most senior judge of Supreme court as acting Chief
Justice .

15. Under Article 181, when a judge of Supreme Court is absent or

for some other reasons unavailable, the president may appoint a judge
of High Court who is qualified for appointment as a judge of Supreme
court to act temporarily, and the judge may appoint a retired judge of
High Court .

16. under Article 182 , chief justice may with the approvel of
president appoint adhoc judge , a retired judge whose retirement 3
years have not been elapsed or with consent of CJ high court require a
judge qualified to be a judge of Supreme Court and appoint him on
adhoc basis.

17. Under Article 183, the permanent seat of Supreme Court shall be
at Islamabad.

18. Under Article 184 Supreme Court has original Jurisdiction in any
dispute between any two or more Governments.
19. Under Article 184 ( 3 ) , Supreme Court has the jurisdiction and
power to an order of the nature of Article 199 when the question
involving the enforcement of fundamental rights or public impotance
is involved.

20. Supreme Court Vests with appellate jurisdiction under Article

185 of constitution of Pakistan.

21. Under Article 185 , Supreme Court have the Appellate

jurisdiction to hear and determine the appeals from judgements, final
orders ,decrees or sentences of a high court.

22. Leave to Apeal is filed under Article 185 ( 3) Of constitution of

Pakistan 1973.

23. Supreme court have Advisory jurisdiction under Article 186 of

the constitution of Pakistan 1973.

24. under Article 186 , if at any time, the president considers that any
opinion is desirable to be taken on a question of Law , he may refer
the matter to Supreme court .

25. under Article 186A supreme court may transfer any case from one
High court to other High court.

26.Under Article 187 , supreme court has the power to issue such
direction, orders decree pending before it for doing justice.
27. Supreme court has absolute jurisdiction to revisit its earlier
judgement/order by invoking its suo moto jurisdiction under Article
184 ( 3 ), 187, 188.

28. Supreme court has the Review Jurisdiction under Article 188 of
the Constitution of Pakistan 1973 to review any judgement , order
passed by it.

29. Under Article 189, every decision of the Supreme Court is

binding ,(to the extent that it decides the question of Law or is based
upon the principle of Law ), on all other courts in Pakistan.

30. PER INCURIUM means lack of due regard to the Law or facts.

31. Judgement of a larger bench is binding on a smaller bench.

32. Under Article 190, it is the duty of Executive and judicial

Authorities to act in aid of the Supreme Court.

33. under 191 , Supreme Court may make rules regulating the
practice and procedure of the Court.

HIGH COURTS

34. under Article 192 , High courts are constituted and it shall
consists of chief justice and so many other judges as may be
determined or as may be fixed by the President.

35. under Article 193 , Judges of High Court are appointed by the
president in accordance with Article 175A of the constitution.
36. Under Article 193, a person shall not be appointed a judge of
High Court unless he is of the age of 45 years or more or served as
Advocate High Court for a period of 10 years or served as a district
judge not less than 3 years or has held a judicial office for a period of
not less than 10 years.

37. Chief Justice of a high Court shall make an oath under Article
194, before the Governor and other judges shall make oath before
chief justice.

38. Retiring age of the judge of High court under Article 195 is 62
years.

39. The president may appoint additional judges under Article 197 of
the constitution of Pakistan 1973.

40. writ jurisdiction of the High Court is provided under Article 199
of the Constitution of Pakistan 1973.

41. HABEAS CORPUS is a latin word which means : you may have
the body. This writ is issued to produce a person who has been
detained in prison or private custody , before a court and to release
him if such detention is found illegal.

42. MANDAMUS is a latin word which means WE COMMAND.

This writ is issued by the Supreme court or High court to lower court,
tribunal or public authority , when that authorities as a duty to do but
they failed to do so.
43. CERTIORARI means to be certified. The writ of certiorari is
issued by Supreme Court or High court for quashing an order already
passed by an inferior court, tribunal or quasi judicial authority.

44. Prohibition means to forbid or stop. It is popularly known as stay

order. This writ is issued by the supreme court or high court to any
inferior court or quasi judicial authority prohibiting or to stop the
proceeding in a particular matter or case where it has no jurisdiction
to try it.

45. QUO WARRANTO means by what warrants or what is your

Authority. This writ is issued with a view to restrain a person from
holding a public office to which he is not entitled.

45. Defect of jurisdiction apparent on the face of record would at once

attract the certiorari jurisdiction.

46. Writ of quo warranto can be issued by any person even not
aggrieved but writ of certiorari can only be issued by the person
aagrieved.

47. Mandamus is a preemptory order , commanding a body or person

to do what is his duty to do that thing.

48. Only an aggrieved person can file a petition for issuance a writ of
mandamus .
49. Writ of mandamus cannot be issued against a private person not
discharging public duty.

50. writ of mandamus is to secure the performance of public duties

by lower court , tribunal or public authority.

46. certiorari is to quash the proceedings or order already passed by

lower court or tribunal.

47. writ of prohibition is to prohibit the lower court from continuing

the proceedings in a particular case where it has no jurisdiction to try.

48. Quo warranto is to restrain a person from holding a public office

which he is not entitled.

49. essential requirement for the writ of prohibition is that the

petitioner must be the aggrieved person.

50. under Article 200 , president may transfer a judge of high court
from one high court to another high court after consultaion with CJ
and Both CJs of high courts.

51.under Article 201 , the decision of High court is binding on all the
courts and authorities subordinate to it, subject to Article 189
( judgement of SC binding on all courts ).

52. Single bench of high court cannot substitute the findings of

division bench.
53. Under Article 203, High court shall supervise all the courts
subordinate to it.

CH: 3A

Federal Shariat Court

1.under Article 203A, the provisions of this chapter shall have effect
notwithstanding anything contained in the constitution.

2. the federal shariat court is vested with powers under article, 203B
(C)to examine any law or provision of Law on the touch stone of
injunctions of Islam as contained in Holy Quran and Sunnah of
Holy prophet P.B.U.H.

3. federal shariat court is barred from examining provisions of

constitution, procedural law and muslim personal law.

4. federal shariat court is constituted under Article 203 ( C ) .

5. federal shariat court shall consist of 8 judges including chief

justice of FSC , to be appointed by the president.

6. among 8 judges , 4 shall be persond qualified to be judge of

Supreme Court , or who is or has been a judge of High court and
not more than 3 shall be Ulema having atleast 15 years experience
in Islamic law , research, and instruction.
 7. The chief justice and judges shall hold the office for a period of 3
years.

8. The creation of a federal shariat court is a natural sequel of

Article 227 ( no law shall be enacted which is repugnant to the
injunction of Islam ) of the constitution .

9. Under Article 206, a judge of Supreme court or high court may

resign from his office by writing under his hand addressed to the
president.

10. Under Article 207, a judge of Supreme court or high court shall not
hold his office of profit in the services of Pakistan before the
expiration of 2 years has ceased to hold that office.

11. Under Article 207 (3 ) , a judge of supreme court shall not plead
or act in any court or before any authority in Pakistan.

12. A judge of High court , shall not plead or act in any court or
before any authority within its jurisdiction.

13. After the matter is enquired by the SJC , the opinion be reported
to president .

14. Supreme judicial counsel is constituted under Article 209 of the

constitution.
15. the supreme judicial counsel shall consists of Chief justice of
Pakistan, 2 senior judges of Supreme court and 2 senior chief
justices of High court.

14. Under Article 211, the proceedings before the counsel shall not be
called in question in any court in Pakistan.

15. under Article 212, administrative courts and tribunals are

constituted.

16. Under Article 212 ( 3 ), an appeal against the judgement of

service tribunal lies to Supreme Court.
 PART VIII

CHAPTER 1. CHIEF ELECTION COMMISSIONER AND

ELECTION ( COMMISSION )

1. under Article 213 , chief election commissioner shall be appointed

Appointed by the president.

2. no person shall be appointed commissioner unless , he has been a

Judge of supreme court , or has been a senior civil servant or is a

Technocrat and is is not more than 68 years of age.

3. The prime minister shall in consultaion with opposition leader

forward three names to the parlimrntary committee for the appointment.
4. Under Article 214, before entering to the office, the chief
commissioner shall make an oath before the before the Chief Justice of
Pakistan.
5. Under Article 215, the chief election commissioner shall hold the
office for a period of 5 years.
6. commissioner shall not hold the office of profit in the service of
Pakistan before the expiration of 2 years after he has ceased to hold the
office.
7. Under Article 222 , parliament may by laws provide for the allocation
of seats in National Assembly, delimitation of constituencies,
preparation for electoral rolls and conduct of elections and matters
related to corrupt practices and offences.
8. Under Article 223, no person shall be at the same time , be a member
of both houses or a house and provincial assembly .
9. A person elected for more than one seat shall resign with in thirty
days from all and declare one of his choice .
10. Under Article 224, general elections to National assembly or
provincial Assembly shall be held within 60 days immediately following
the day on which the term of the Assembly is due to expire and the
results of the elections shall be declared not later than 14 days before
that day.
11. the president shall appoint a care-taker cabinet and the care taker
P.M shall be appointed by president in consultaion with PM and leader
of opposition.
12. The care taker members and their family shall not be eligible to
contest immediately following elections to such Assemblies.
13. An election on the vacant seats of senate shall be held within 30 days
form the day of vacancy.
14. when the seat reserved for woen and minority becomes vacant , it
shall be filled by the precedence member among the list provided by the
political party.
15. when a general seat in senate becomes vacant, then the election to
fill in the vacancy be held within 30 days from the date of vacancy
occurrence.
16. when the seat in national assembly and provincial assembly becomes
vacant not later than 120 days from the expiry of due date of assembly,
then the elections be held with in 60 days from the date of occurrence.\
17. under Article 224A , when they do not agree on the name of care
taker PM and CM they shall forward 2 nominies within 3 days to the
committee of 8 members equaly from treasury and opposition , within 3
days from the dissolution of Assembly.
18. if still they donot agree on a name , then the names of nominees be
forwarded to the Election commission of Pakistan for final decision
within 2 days.
19. Under Article 226, all the elections under the constitution , other
than those of Prime minister and chief minister , shall be by secret ballot.
 PART IX
ISLAMIC PROVISIONS
1. Under Article 227 of the Constitution of Pakistan , all laws shall be
brought in conformity with the injunctions of Islam and no law shall be
enacted which is repugnant to the injunctions of Islam.
2. nothing in this part shall effect the personal laws of no-muslim
citizens.
3. Islamic idealogy counsel is constituted under Article 228 of the
constitution of Pakistan.
4. the Islamic Ideology counsel shall consist of more than 8 and not
more than 20 members.
5. not less than 2 members who has been a judge of Supreme court or
High court.
6. The president shall appoint among the members one as chairman
Islamic Ideology Counsel.
7. Under Article 230, the functions of Islamic counsel shall be to make
recommendations to parliament and provincial assemblies as to the ways
enabling muslims of Pakistan to order their lives in accordance with
islam , and to advise the parliament as the law whether it is repugnant or
not to islam, and to make recommendations as to bring in conformity the
laws with the injunction of Islam.
 PART X
EMERGENCY PROVISIONS
1. Under Article 232, if the president is satisfied that a grave emergency
exists in country or any particular Area , externally or internally , he may
declare emergency, but for a provincial emergency resolution from
provincial assembly is required.
2. if the president acts on his own, then the resolution be brought in both
houses for approvel by each house within 10 days.
3. The federal govt may assume itself or order the governer to assume all
the functions or any of the function of province .
4. When a proclamation of emergency is in force , parliament may by
law extend the term of National Assembly for 1 year and not exceeding
6 months in any case , after the proclamation has ceased to be in force.
5. Under Article 233, nothing contained in article 15,16,17,18,19 and 24
while a proclamation of emergency is in force , can restrict a state to
make any law in derogation thereof.
6. under Article 234 , the president has power to issue a proclamation in
case of failure of constitutional machinery in force.
7. Under Article 235, the President may declare proclamation in case of
financial emergency.
8. under Article 236, a proclamation issued may be varied or revocked
by a subsequent proclamation.
 PART XI
Amendment of Constitution
1. Under Article 238, the constitution may be amended by the act of
Parliament.
2. Under Article 239, a bill to amend the constitution may be originated
in either house and when the bill is passed by the votes of not less than
two third of the total membership of house , it shall be transmitted to
other house.
3. A bill effecting the altering of limits of province shall not be
presented to the president for Assent under it is passed by the two third
of the provincial assembly.

PART XII
CHAPTER 1
1. Public service commission is constituted under Article 242 of the
constitution of Pakistan.
2. The federal government shall have the command of the Armed forces
under Article 243 of the Constitution of Pakistan.
3. The supreme command of the armed forces shall vest in the
President.
4. The chief of Army, Naval, Air force shall be appointed by the
president in consultaion with Prime minister under Article 243 (4 ) of
constitution.
5. Under Article 245, the armed forces shall under the directions of
federal government defend Pakistan against external aggression or threat
of war and act in aid of civil power when called upon to do so.
6. under Article 246, tribal areas means the areas inn Pakistan which
were tribal areas immediately before the commencing day.
7. Under Article 248, the President, PM,CM , governor, federal minister
or provincial minister shall not be answerable to any court for the
exercise of powers of functions of their respective offices or for any act
done in the exercise of those powers and functions.
8. No criminal proceedings shall be instituted against president and
governor during his term of office under Article 248 of Constitution.
8. The National Language of Pakistan shall be Urdu under Article 251
of Constitution of Pakistan.
9. No private Armies or military organisations shall be formed and shall
be illegal Under Article 256 of Constitution.
10. Under Article 257, when the people of jammu and Kashmir decide
to accede to Pakistan , the relation between Pakistan and that State shall
be determined by the wishes of the people of that state.
11. Under Article 259, no citizen shall accept any title or honour from
any foreign state except with the approvel of federal government.
 INTERPRETATION

1. Agriculture income means income as defined for the purpose of Law

relating to income-tax.
2. Estate duty means a duty assessed on , or by refrence to , the value of
property passing upon death.
3. Federal law means a law made by or under the authority of
Parliament.
4. Financial year means a year commencing on the first day of JULY.
5. House means the senate or the National Assembly.
6. Person includes any body politic or corporate.

7. Under Article 262, for the purpose of constitution, periods of time

shall be reckoned according to Gregorian calendar.
8. Under Article 263, words importing the masculine gender shall be
taken to include females and word singular shall include the plural and
word in plural shall include singular.
 CHAPTER 6
TITLE, COMMENCEMENT AND REPEAL
1. Under Article 265, this constitution shall be known as Constitution of
Islamic Republic of Pakistan.
2. The constitution shall come into force on 14th of August 1973.
3. Under Section 266, the interim constitution of Islamic republic of
Pakistan and other acts and president’s orders making ommissions,
additions or amendments in that constitutions are hereby repealed.
4. Under Article 267A, if any difficulty arises in giving effect to the 18th
amendment act 2010, the matter shall be laid before both houses.
5. under Article 267B, article 152A was omitted and Article 179 and 195
are substituted by the 17th amendment act 2003.
6. Conston of Pakistan contains 280 Articles , parts xii, .
7. Objective resolution is incorporated in Article 2A of the constitution
of Pakistan.
8. First Schedule contains the federal acts , president ordinances and
regulations.
9. Second Schedule contains Election of the president.
10. third schedule contains the Oaths of office
11. Fourth schedule contains the legislative lists.
12. Fifth schedule contains , the remunirations and terms and conditions
of service of judges.