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		<title><![CDATA[VU Help - Constitution of Pakistan 1973 LLB part 2]]></title>
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			<title><![CDATA[Annual Paper 2013]]></title>
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			<pubDate>Mon, 05 Aug 2013 11:22:11 -0400</pubDate>
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			<title><![CDATA[Q. Discuss the emergency provisions of the constitution with reference to Article 232]]></title>
			<link>https://vuhelp.net/Thread-Q-Discuss-the-emergency-provisions-of-the-constitution-with-reference-to-Article-232</link>
			<pubDate>Wed, 15 Aug 2012 09:39:53 -0400</pubDate>
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			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the emergency provisions of the constitution with reference to Article 232 of the constitution. (2003/S)<br />
Q. Discuss the various kinds of emergencies and in whom the power is vested under the constitution. (2005/S)<br />
1. Introduction:</span><br />
The president may proclaim state of emergency and make regulations accordingly. emergency may arise all over the country or in a province or in a part of it. the president is authorized to declare state of emergency for whole of the country or any part of the country.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant article provisions:</span><br />
Article 232 to 237 constitution of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">3. Power to proclaim the emergency:</span><br />
A proclamation of emergency is issued by the president. the president is the sole judge of the  situation and it is he who has to decide whether or not the proclamation would issue.<br />
<span style="font-weight: bold;" class="mycode_b">4. Kinds of Emergency:</span><br />
(i) Emergency due to war, external or internal disturbance.<br />
(ii) Emergency due to the break down of constitution machinery.<br />
(iii) Financial emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Emergency due to war, External or internal disturbance:-</span><br />
When there exists a grave emergency due to which the security of Pakistan or any part there of is threatened by war or external aggression by internal disturbance beyond the power of provincial gov;t to control. the president can declare the state of emergency.<br />
<span style="font-weight: bold;" class="mycode_b">Suspension of fundamental Rights:</span><br />
During the emergency the fundamental rights can be suspended and the president is empowered to declare that the right to move any court for the enforcement of such suspended rights shall remain suspended for the period during which proclamation is enforced.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Emergency due to the Breakdown of constitutional Machinery:-</span><br />
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 can not be carried on  in accordance with the provisions of the constitution. He can proclaim an emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Effect:</span><br />
Federal executive or federal legislature shall take over functions of provincial executive and legislature.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Duration of Emergency:</span><br />
The duration of emergency is for the period of sixth months.<br />
<span style="font-weight: bold;" class="mycode_b">&copy; Extension in period:</span><br />
the president may extent the period of emergency for two months.<br />
<span style="font-weight: bold;" class="mycode_b">(d) Law to cease after sixth months:</span><br />
Laws made by the federal executive and federal legislature shall cease after sixth months of proclamation of emergency.<br />
<span style="font-weight: bold;" class="mycode_b">Case Law <br />
P.L.D. 1997 lah 38</span><br />
No constitution breakdown had been shown to exist in the province but resignations of certain ministers and Advisors form the provincial cabinet were shown on the the record. Such circumstances could  be considered to constitute a situation in which the Govt. of the province could not run in accordance with the constitution and proclamation under Article 204 was not justified.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Financial Emergency:</span><br />
In case the president is satisfied that a situation has arisen whereby the economic life, financial stability of credit of Pakistan, or any part there of, is threatened, the may after consulation with the Governor of the provinces or the case may be, the governor of the provinces concerned by proclamation a declaration to the effect, and while such proclamation is in force, the executive authority of the federation shall extend to the giving direction to any province to observe such principles of financial property as may be specified in the direction as to the giving of such other directions as the president deems necessary in the interest of economic life, financial stability of credit of Pakistan or any part there of.<br />
<span style="font-weight: bold;" class="mycode_b">5. Revocation of Proclamation:</span><br />
The proclamation declared by the president may be varied or revolved by a subsequent proclamation.<br />
<span style="font-weight: bold;" class="mycode_b">6. Safeguard to proclamation:</span><br />
The validity of any proclamation issued or order made under this part shall not be called in question in any court.<br />
<span style="font-weight: bold;" class="mycode_b">Case Law<br />
P.L.D 1977 Kar. 604</span><br />
It was held that president's power to issue proclamation or revoke proclamation of emergency is not open to judicial review. <br />
<span style="font-weight: bold;" class="mycode_b">7. Parliament may make laws of indemnity:</span><br />
Parliament may, however pass a law indemnifying any person in service of the federal or provincial Govt, for any act done in connection with the maintenance or restoration of order in any part in Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">8. Conclusion:</span><br />
To conclude I can say that the emergency provisions would come into operation in the case of war, internal, external disturbance, failure of constitutional machinery in a province and financial and economic instability. the president of Pakistan is empowered to declare the state of emergency. he can also revoke or vary the emergency.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3888" target="_blank" title="">Emergency Provisions.rtf</a> (Size: 5.21 KB / Downloads: 656)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the emergency provisions of the constitution with reference to Article 232 of the constitution. (2003/S)<br />
Q. Discuss the various kinds of emergencies and in whom the power is vested under the constitution. (2005/S)<br />
1. Introduction:</span><br />
The president may proclaim state of emergency and make regulations accordingly. emergency may arise all over the country or in a province or in a part of it. the president is authorized to declare state of emergency for whole of the country or any part of the country.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant article provisions:</span><br />
Article 232 to 237 constitution of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">3. Power to proclaim the emergency:</span><br />
A proclamation of emergency is issued by the president. the president is the sole judge of the  situation and it is he who has to decide whether or not the proclamation would issue.<br />
<span style="font-weight: bold;" class="mycode_b">4. Kinds of Emergency:</span><br />
(i) Emergency due to war, external or internal disturbance.<br />
(ii) Emergency due to the break down of constitution machinery.<br />
(iii) Financial emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Emergency due to war, External or internal disturbance:-</span><br />
When there exists a grave emergency due to which the security of Pakistan or any part there of is threatened by war or external aggression by internal disturbance beyond the power of provincial gov;t to control. the president can declare the state of emergency.<br />
<span style="font-weight: bold;" class="mycode_b">Suspension of fundamental Rights:</span><br />
During the emergency the fundamental rights can be suspended and the president is empowered to declare that the right to move any court for the enforcement of such suspended rights shall remain suspended for the period during which proclamation is enforced.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Emergency due to the Breakdown of constitutional Machinery:-</span><br />
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 can not be carried on  in accordance with the provisions of the constitution. He can proclaim an emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Effect:</span><br />
Federal executive or federal legislature shall take over functions of provincial executive and legislature.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Duration of Emergency:</span><br />
The duration of emergency is for the period of sixth months.<br />
<span style="font-weight: bold;" class="mycode_b">&copy; Extension in period:</span><br />
the president may extent the period of emergency for two months.<br />
<span style="font-weight: bold;" class="mycode_b">(d) Law to cease after sixth months:</span><br />
Laws made by the federal executive and federal legislature shall cease after sixth months of proclamation of emergency.<br />
<span style="font-weight: bold;" class="mycode_b">Case Law <br />
P.L.D. 1997 lah 38</span><br />
No constitution breakdown had been shown to exist in the province but resignations of certain ministers and Advisors form the provincial cabinet were shown on the the record. Such circumstances could  be considered to constitute a situation in which the Govt. of the province could not run in accordance with the constitution and proclamation under Article 204 was not justified.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Financial Emergency:</span><br />
In case the president is satisfied that a situation has arisen whereby the economic life, financial stability of credit of Pakistan, or any part there of, is threatened, the may after consulation with the Governor of the provinces or the case may be, the governor of the provinces concerned by proclamation a declaration to the effect, and while such proclamation is in force, the executive authority of the federation shall extend to the giving direction to any province to observe such principles of financial property as may be specified in the direction as to the giving of such other directions as the president deems necessary in the interest of economic life, financial stability of credit of Pakistan or any part there of.<br />
<span style="font-weight: bold;" class="mycode_b">5. Revocation of Proclamation:</span><br />
The proclamation declared by the president may be varied or revolved by a subsequent proclamation.<br />
<span style="font-weight: bold;" class="mycode_b">6. Safeguard to proclamation:</span><br />
The validity of any proclamation issued or order made under this part shall not be called in question in any court.<br />
<span style="font-weight: bold;" class="mycode_b">Case Law<br />
P.L.D 1977 Kar. 604</span><br />
It was held that president's power to issue proclamation or revoke proclamation of emergency is not open to judicial review. <br />
<span style="font-weight: bold;" class="mycode_b">7. Parliament may make laws of indemnity:</span><br />
Parliament may, however pass a law indemnifying any person in service of the federal or provincial Govt, for any act done in connection with the maintenance or restoration of order in any part in Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">8. Conclusion:</span><br />
To conclude I can say that the emergency provisions would come into operation in the case of war, internal, external disturbance, failure of constitutional machinery in a province and financial and economic instability. the president of Pakistan is empowered to declare the state of emergency. he can also revoke or vary the emergency.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3888" target="_blank" title="">Emergency Provisions.rtf</a> (Size: 5.21 KB / Downloads: 656)
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			<title><![CDATA[Q. Compare the salient features of the constitution 1956 and 1962. (2003-A)]]></title>
			<link>https://vuhelp.net/Thread-Q-Compare-the-salient-features-of-the-constitution-1956-and-1962-2003-A</link>
			<pubDate>Wed, 15 Aug 2012 07:53:07 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Compare-the-salient-features-of-the-constitution-1956-and-1962-2003-A</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">1. Introduction:</span><br />
The constitution of 1956 was generally based on Government of India act 1935 and constitution of 1962 introduced presidential from of the govt. <br />
<span style="font-weight: bold;" class="mycode_b">2. Points of differences between the constitution of 1956 and 1962:</span><br />
Points of difference between the constitution of 1956 and 1962 are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Form of Government:</span><br />
Constitution of 1962 introduced presidential form of Govt.<br />
Constitution of 1956 introduced parliamentary form of Govt. <br />
<span style="font-weight: bold;" class="mycode_b">(ii) Referendum:</span><br />
Constitution of 1962 introduced an institution known as referendum in the country.<br />
Constitution of 1956 introduced no institution. <br />
<span style="font-weight: bold;" class="mycode_b">(iii) Method of Election:</span><br />
Constitution of 1962 introduced indirect election.<br />
Constitution of 1956 introduced direct election.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Islamic Institutions:</span><br />
Constitution of 1962 introduced two Islamic institution i. e advisory council of Islamic ideology and Islamic research institutions.<br />
There was no such institute in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Supreme judicial council:</span><br />
Constitutions of 1962 introduced a new institution supreme judicial council.<br />
There was no such institution in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Executive Powers:</span><br />
Most of the executive powers vested in the president under the 1962 constitution.<br />
Most of the executive powers were exercised by the prime minister under the constitution of 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) List of Subjects:</span><br />
Constitution of 1962 provided only two list of subjects i. e central and provincial.<br />
Constitution of 1956 contains three lists of subject i. e federal, provincial and concurrent matter.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Presidential Powers:</span><br />
Under the constitution of 19622 president had great power.<br />
In the constitution of 1956 the powers were reasonable. <br />
<span style="font-weight: bold;" class="mycode_b">3. Conclusion:</span><br />
To conclude I can say that both of the constitution were different in nature. the constitution of 1956 introduced parliamentary from of Govt. while constitution of 1962 introduced presidential form of Govt. However there were some similarities between these constitutions too.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3887" target="_blank" title="">Points of Difference Between the constitution of 1956 and 1962.rtf</a> (Size: 2.58 KB / Downloads: 1088)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">1. Introduction:</span><br />
The constitution of 1956 was generally based on Government of India act 1935 and constitution of 1962 introduced presidential from of the govt. <br />
<span style="font-weight: bold;" class="mycode_b">2. Points of differences between the constitution of 1956 and 1962:</span><br />
Points of difference between the constitution of 1956 and 1962 are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Form of Government:</span><br />
Constitution of 1962 introduced presidential form of Govt.<br />
Constitution of 1956 introduced parliamentary form of Govt. <br />
<span style="font-weight: bold;" class="mycode_b">(ii) Referendum:</span><br />
Constitution of 1962 introduced an institution known as referendum in the country.<br />
Constitution of 1956 introduced no institution. <br />
<span style="font-weight: bold;" class="mycode_b">(iii) Method of Election:</span><br />
Constitution of 1962 introduced indirect election.<br />
Constitution of 1956 introduced direct election.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Islamic Institutions:</span><br />
Constitution of 1962 introduced two Islamic institution i. e advisory council of Islamic ideology and Islamic research institutions.<br />
There was no such institute in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Supreme judicial council:</span><br />
Constitutions of 1962 introduced a new institution supreme judicial council.<br />
There was no such institution in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Executive Powers:</span><br />
Most of the executive powers vested in the president under the 1962 constitution.<br />
Most of the executive powers were exercised by the prime minister under the constitution of 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) List of Subjects:</span><br />
Constitution of 1962 provided only two list of subjects i. e central and provincial.<br />
Constitution of 1956 contains three lists of subject i. e federal, provincial and concurrent matter.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Presidential Powers:</span><br />
Under the constitution of 19622 president had great power.<br />
In the constitution of 1956 the powers were reasonable. <br />
<span style="font-weight: bold;" class="mycode_b">3. Conclusion:</span><br />
To conclude I can say that both of the constitution were different in nature. the constitution of 1956 introduced parliamentary from of Govt. while constitution of 1962 introduced presidential form of Govt. However there were some similarities between these constitutions too.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3887" target="_blank" title="">Points of Difference Between the constitution of 1956 and 1962.rtf</a> (Size: 2.58 KB / Downloads: 1088)
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			<title><![CDATA[Q. What form of Government was established under the constitution of 1962?]]></title>
			<link>https://vuhelp.net/Thread-Q-What-form-of-Government-was-established-under-the-constitution-of-1962</link>
			<pubDate>Wed, 15 Aug 2012 07:15:42 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-What-form-of-Government-was-established-under-the-constitution-of-1962</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. What form of Government was established under the constitution of 1962? What were the causes of its failure. (1996-A) (1995) (2005) (2006)<br />
1. Introduction:</span><br />
The 1962 constitution was drafted by a team appointed by Ayub Khan. all work was done secretly and than all of sudden the constitution was enforced in the country.<br />
<span style="font-weight: bold;" class="mycode_b">2. Form of Govt. Established under the constitution of 1962:</span><br />
Under the constitution of 1962 presidential form of Government was introduced in the country. it was one of the most significant change in the constitutional History of Pakistan. the president had great powers. he had strong position. in fact the office of the president was key officer of the state.<br />
<span style="font-weight: bold;" class="mycode_b">3. Causes for Failure of 1962 constitution:</span><br />
Causes for failure of 1962 constitution are as under.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Constitution given by one Man:</span><br />
The constitution 1962 was given by one man. it was forcibly imposed on the country.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Presidential Dictatorship:</span><br />
The constitution of 1962 set up presidential dictatorship in the country resultantly it was failed.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Absence of the system of checks and balances:</span><br />
The system of cheeks and balances was about in the constitution of 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Indirect Elections:</span><br />
The method of elections in the constitution of 1962 was indirect. it was not proper for the country like Pakistan. <br />
<span style="font-weight: bold;" class="mycode_b">(v) Lack of Provincial Autonomy:</span><br />
Provinces were not given autonomy. the center was more powerful. this clash of powers failed the constitution. <br />
<span style="font-weight: bold;" class="mycode_b">(vi) Negation of fundamental rights:</span><br />
In the original constitution there was absence of the concept of the fundamental rights but it was included late on. <br />
<span style="font-weight: bold;" class="mycode_b">(vii) Political Causes:</span><br />
There were many political causes for the failure of the constitution for example non-existence of political consciousness as well as negative attitude of political parties. <br />
<span style="font-weight: bold;" class="mycode_b">(viii) Negation of Islamic ideology:</span><br />
The 1962 constitution promised to propagate an Islamic way of life in Pakistan so that Muslim could proceed with their lives according to Holy Quran and Sunnah but practically it was failed. <br />
<span style="font-weight: bold;" class="mycode_b">(ix) System of Basic Democracies:</span><br />
The constitution of 1962 introduced a system of basic democracies but this was most complicated and undemocratic. <br />
<span style="font-weight: bold;" class="mycode_b">(x) Unjust Distribution of powers between center and provinces:</span><br />
The distribution of powers between provinces and center was not just.<br />
<span style="font-weight: bold;" class="mycode_b">4. Conclusion:</span><br />
To conclude I can say that; the constitution of 1962 introduced presidential government in the country. it provided the dictatorial powers and made him the most powerful president. the constitution of 1962 caused dissatisfaction amongst the country resultantly it was abrogated.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3886" target="_blank" title="">Causes Of Failure 1962 Constitution.rtf</a> (Size: 3.14 KB / Downloads: 540)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. What form of Government was established under the constitution of 1962? What were the causes of its failure. (1996-A) (1995) (2005) (2006)<br />
1. Introduction:</span><br />
The 1962 constitution was drafted by a team appointed by Ayub Khan. all work was done secretly and than all of sudden the constitution was enforced in the country.<br />
<span style="font-weight: bold;" class="mycode_b">2. Form of Govt. Established under the constitution of 1962:</span><br />
Under the constitution of 1962 presidential form of Government was introduced in the country. it was one of the most significant change in the constitutional History of Pakistan. the president had great powers. he had strong position. in fact the office of the president was key officer of the state.<br />
<span style="font-weight: bold;" class="mycode_b">3. Causes for Failure of 1962 constitution:</span><br />
Causes for failure of 1962 constitution are as under.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Constitution given by one Man:</span><br />
The constitution 1962 was given by one man. it was forcibly imposed on the country.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Presidential Dictatorship:</span><br />
The constitution of 1962 set up presidential dictatorship in the country resultantly it was failed.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Absence of the system of checks and balances:</span><br />
The system of cheeks and balances was about in the constitution of 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Indirect Elections:</span><br />
The method of elections in the constitution of 1962 was indirect. it was not proper for the country like Pakistan. <br />
<span style="font-weight: bold;" class="mycode_b">(v) Lack of Provincial Autonomy:</span><br />
Provinces were not given autonomy. the center was more powerful. this clash of powers failed the constitution. <br />
<span style="font-weight: bold;" class="mycode_b">(vi) Negation of fundamental rights:</span><br />
In the original constitution there was absence of the concept of the fundamental rights but it was included late on. <br />
<span style="font-weight: bold;" class="mycode_b">(vii) Political Causes:</span><br />
There were many political causes for the failure of the constitution for example non-existence of political consciousness as well as negative attitude of political parties. <br />
<span style="font-weight: bold;" class="mycode_b">(viii) Negation of Islamic ideology:</span><br />
The 1962 constitution promised to propagate an Islamic way of life in Pakistan so that Muslim could proceed with their lives according to Holy Quran and Sunnah but practically it was failed. <br />
<span style="font-weight: bold;" class="mycode_b">(ix) System of Basic Democracies:</span><br />
The constitution of 1962 introduced a system of basic democracies but this was most complicated and undemocratic. <br />
<span style="font-weight: bold;" class="mycode_b">(x) Unjust Distribution of powers between center and provinces:</span><br />
The distribution of powers between provinces and center was not just.<br />
<span style="font-weight: bold;" class="mycode_b">4. Conclusion:</span><br />
To conclude I can say that; the constitution of 1962 introduced presidential government in the country. it provided the dictatorial powers and made him the most powerful president. the constitution of 1962 caused dissatisfaction amongst the country resultantly it was abrogated.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3886" target="_blank" title="">Causes Of Failure 1962 Constitution.rtf</a> (Size: 3.14 KB / Downloads: 540)
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			<title><![CDATA[Q. Enumerate the Salient features of the constitution of 1962. (1998-A0 (2000-A)]]></title>
			<link>https://vuhelp.net/Thread-Q-Enumerate-the-Salient-features-of-the-constitution-of-1962-1998-A0-2000-A</link>
			<pubDate>Wed, 15 Aug 2012 06:34:13 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Enumerate-the-Salient-features-of-the-constitution-of-1962-1998-A0-2000-A</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Describe salient features of 1962 constitution. (2002-S) (2004-S) (2005) (2006)<br />
1. Introduction:</span><br />
The 1962 constitution was drefted by a term appointed by Ayub Khan. all work was done secretly and than all of sudden constitution was enforce in the country.<br />
 <span style="font-weight: bold;" class="mycode_b">2. Constitution Of 1962:</span><br />
The constitution of 1962 was enforced on June 8, 1962. This constitution was forcibly given to the people.<br />
<span style="font-weight: bold;" class="mycode_b">3. Salient Features Of 1962 Constitution:<br />
(i) Written Constitution:</span><br />
The constitution of 1962 consists of 250 section and 3 schedule. It was in written form.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Democratic Islamic Republic:</span><br />
Pakistan was declared Democratic Islamic Republic.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Islamic Ideology Council:</span><br />
The constitution of 1962 provided for the establishment of Islamic ideology Council.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Federal State:</span><br />
The constitution of 1962 established a Federation of Pakistan with two provinces of East Pakistan and west Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Rigid Constitution:</span><br />
The constitution of 1962 was a rigid constitution. The method of amendment was very difficult.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Fundamental Rights:</span><br />
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.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Referendum:</span><br />
The constitution of 1962 has introduced a new institution of referendum.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Indirect Election:</span><br />
Under the constitution of 1962 the method of direct election by adult  Franchise has been abolished and method of lndirect Election was adopted.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Presidential Form of Government:</span><br />
The constitution of 1962 provide presidential form of Government in the country.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Preamble:</span><br />
 The objective resolution of 1949 was included as a preamble in the constitution of 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Uni-Cameral:</span><br />
The constitution of 1962 adopted single house parliament known as National Assembly.<br />
<span style="font-weight: bold;" class="mycode_b">(xii) Basic Democracies:</span><br />
The new system of basic democracies was introduced in the constitution of 1962. the Elected Basic Democrats members constitution an Electoral College who elected the president.<br />
<span style="font-weight: bold;" class="mycode_b">(xiii) Independence of Judiciary:</span><br />
The 1962 constitution gave many powers to the Judiciary and it recognized I independence of Judiciary.<br />
<span style="font-weight: bold;" class="mycode_b">(xiv) Rights of Minorities:</span><br />
Minorities were given right and these rights were also protected by the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(xv) Islamic way of Life:</span><br />
The Shrish was declared the basis for the legislative system of Pakistan. it was declared that Islamic way of life shall be adopted.<br />
<span style="font-weight: bold;" class="mycode_b">(xvi)Principles of Policy:</span><br />
The principles of policy were incorporated int constitution 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(xvii) National Language:</span><br />
Urdu and Bangle were declared two national languages of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(xviii) Elimination of non-Islamic practice:</span><br />
All those practices which were contrary to Islamic teaching such as gambling, prostitution, intimidation and adultery would be eliminated from the society.<br />
<span style="font-weight: bold;" class="mycode_b">4. Conclusion:</span><br />
To conclude I can say that; 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.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3885" target="_blank" title="">Salient Features Of Constitution Of 1962.rtf</a> (Size: 3.93 KB / Downloads: 639)
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			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Describe salient features of 1962 constitution. (2002-S) (2004-S) (2005) (2006)<br />
1. Introduction:</span><br />
The 1962 constitution was drefted by a term appointed by Ayub Khan. all work was done secretly and than all of sudden constitution was enforce in the country.<br />
 <span style="font-weight: bold;" class="mycode_b">2. Constitution Of 1962:</span><br />
The constitution of 1962 was enforced on June 8, 1962. This constitution was forcibly given to the people.<br />
<span style="font-weight: bold;" class="mycode_b">3. Salient Features Of 1962 Constitution:<br />
(i) Written Constitution:</span><br />
The constitution of 1962 consists of 250 section and 3 schedule. It was in written form.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Democratic Islamic Republic:</span><br />
Pakistan was declared Democratic Islamic Republic.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Islamic Ideology Council:</span><br />
The constitution of 1962 provided for the establishment of Islamic ideology Council.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Federal State:</span><br />
The constitution of 1962 established a Federation of Pakistan with two provinces of East Pakistan and west Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Rigid Constitution:</span><br />
The constitution of 1962 was a rigid constitution. The method of amendment was very difficult.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Fundamental Rights:</span><br />
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.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Referendum:</span><br />
The constitution of 1962 has introduced a new institution of referendum.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Indirect Election:</span><br />
Under the constitution of 1962 the method of direct election by adult  Franchise has been abolished and method of lndirect Election was adopted.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Presidential Form of Government:</span><br />
The constitution of 1962 provide presidential form of Government in the country.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Preamble:</span><br />
 The objective resolution of 1949 was included as a preamble in the constitution of 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Uni-Cameral:</span><br />
The constitution of 1962 adopted single house parliament known as National Assembly.<br />
<span style="font-weight: bold;" class="mycode_b">(xii) Basic Democracies:</span><br />
The new system of basic democracies was introduced in the constitution of 1962. the Elected Basic Democrats members constitution an Electoral College who elected the president.<br />
<span style="font-weight: bold;" class="mycode_b">(xiii) Independence of Judiciary:</span><br />
The 1962 constitution gave many powers to the Judiciary and it recognized I independence of Judiciary.<br />
<span style="font-weight: bold;" class="mycode_b">(xiv) Rights of Minorities:</span><br />
Minorities were given right and these rights were also protected by the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(xv) Islamic way of Life:</span><br />
The Shrish was declared the basis for the legislative system of Pakistan. it was declared that Islamic way of life shall be adopted.<br />
<span style="font-weight: bold;" class="mycode_b">(xvi)Principles of Policy:</span><br />
The principles of policy were incorporated int constitution 1962.<br />
<span style="font-weight: bold;" class="mycode_b">(xvii) National Language:</span><br />
Urdu and Bangle were declared two national languages of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(xviii) Elimination of non-Islamic practice:</span><br />
All those practices which were contrary to Islamic teaching such as gambling, prostitution, intimidation and adultery would be eliminated from the society.<br />
<span style="font-weight: bold;" class="mycode_b">4. Conclusion:</span><br />
To conclude I can say that; 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.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3885" target="_blank" title="">Salient Features Of Constitution Of 1962.rtf</a> (Size: 3.93 KB / Downloads: 639)
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			<title><![CDATA[Q. What was the objective resolution 1949? (1999-A)]]></title>
			<link>https://vuhelp.net/Thread-Q-What-was-the-objective-resolution-1949-1999-A</link>
			<pubDate>Wed, 15 Aug 2012 05:17:41 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-What-was-the-objective-resolution-1949-1999-A</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Write a note on the objective resolution, 1949. (1997-S) (2000-S) (2005)<br />
Q. What was the objective resolution 1949? has it been acted upon in practice? Explain (2006)<br />
1. Introduction: </span><br />
Liaquat Ali Khan the first prime minister of Pakistan presented a resolution on 12th March 1949 in the legislature. it is called objectives resolution.<br />
<span style="font-weight: bold;" class="mycode_b">2. Objectives resolution 1949:</span><br />
The constitution assembly on 12th March 1949 passed objectives resolution. it was first step toward constitutional development. it was passed by majority of the assembly.<br />
<span style="font-weight: bold;" class="mycode_b">3. Importance:</span><br />
The objective resolution present a model of the combination of the western and Islamic democratic values. it served as preamble of the constitution. 4. Salient/Important features of objective resolution:<br />
Important features of objectives resolution are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Sovereignty Of Allah:</span><br />
Allah is the sole ruler of the universe. the sovereignty belongs to Almighty Allah.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Subjugation of Islamic Principles:</span><br />
It  embodied the Islamic conception of the state to serve as the  foundation and basis of the Islamic State.. The resolution began in the name of Allah.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Islamic way of Life:</span><br />
Efforts will be made to adopt Islamic way of life in the country and opportunities will be provided to Muslims to live according to the teaching of Islam.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Religious Freedom of Minorities:</span><br />
All the minorities shall be give religious freedom. Then have right to live according to the teaching of their religion.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Federal Form of Government:</span><br />
The territories included in Pakistan and those that affiliate with Pakistan will make a Federation.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Fundamental Rights:</span><br />
Basic rights will be available to all the people of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Freedom of Judiciary: </span><br />
The independence of judiciary was recognized and it was also one of the important objective of the resolution.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Defence of Pakistan:</span><br />
It was declared that defence of the country will make strong.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Development of Backward Areas:</span><br />
Special measures will be taken for the development of Backward areas.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Democratic Principles:</span><br />
Pakistan will be a democratic country.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Equality of Citizen</span>:<br />
All citizens will be considered equal.<br />
<span style="font-weight: bold;" class="mycode_b">5.  Conclusion:</span><br />
To conclude I can say that; Objectives resolutions  provided basic principles  for constitution making. In the Islamic republic of Pakistan. It was passed by the majority in the Assembly. It is in accordance with the spirit of Islam.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3884" target="_blank" title="">Objectives Resolution, 1949.rtf</a> (Size: 3.04 KB / Downloads: 806)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Write a note on the objective resolution, 1949. (1997-S) (2000-S) (2005)<br />
Q. What was the objective resolution 1949? has it been acted upon in practice? Explain (2006)<br />
1. Introduction: </span><br />
Liaquat Ali Khan the first prime minister of Pakistan presented a resolution on 12th March 1949 in the legislature. it is called objectives resolution.<br />
<span style="font-weight: bold;" class="mycode_b">2. Objectives resolution 1949:</span><br />
The constitution assembly on 12th March 1949 passed objectives resolution. it was first step toward constitutional development. it was passed by majority of the assembly.<br />
<span style="font-weight: bold;" class="mycode_b">3. Importance:</span><br />
The objective resolution present a model of the combination of the western and Islamic democratic values. it served as preamble of the constitution. 4. Salient/Important features of objective resolution:<br />
Important features of objectives resolution are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Sovereignty Of Allah:</span><br />
Allah is the sole ruler of the universe. the sovereignty belongs to Almighty Allah.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Subjugation of Islamic Principles:</span><br />
It  embodied the Islamic conception of the state to serve as the  foundation and basis of the Islamic State.. The resolution began in the name of Allah.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Islamic way of Life:</span><br />
Efforts will be made to adopt Islamic way of life in the country and opportunities will be provided to Muslims to live according to the teaching of Islam.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Religious Freedom of Minorities:</span><br />
All the minorities shall be give religious freedom. Then have right to live according to the teaching of their religion.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Federal Form of Government:</span><br />
The territories included in Pakistan and those that affiliate with Pakistan will make a Federation.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Fundamental Rights:</span><br />
Basic rights will be available to all the people of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Freedom of Judiciary: </span><br />
The independence of judiciary was recognized and it was also one of the important objective of the resolution.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Defence of Pakistan:</span><br />
It was declared that defence of the country will make strong.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Development of Backward Areas:</span><br />
Special measures will be taken for the development of Backward areas.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Democratic Principles:</span><br />
Pakistan will be a democratic country.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Equality of Citizen</span>:<br />
All citizens will be considered equal.<br />
<span style="font-weight: bold;" class="mycode_b">5.  Conclusion:</span><br />
To conclude I can say that; Objectives resolutions  provided basic principles  for constitution making. In the Islamic republic of Pakistan. It was passed by the majority in the Assembly. It is in accordance with the spirit of Islam.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3884" target="_blank" title="">Objectives Resolution, 1949.rtf</a> (Size: 3.04 KB / Downloads: 806)
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			<title><![CDATA[Q. Critically examine and explain in detail the salient features of the independence]]></title>
			<link>https://vuhelp.net/Thread-Q-Critically-examine-and-explain-in-detail-the-salient-features-of-the-independence</link>
			<pubDate>Wed, 15 Aug 2012 04:21:13 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Critically-examine-and-explain-in-detail-the-salient-features-of-the-independence</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Critically examine and explain in detail the salient features of the independence act 1947 (1996-A)   (2005) (2006)<br />
1. Introduction:</span><br />
Lord Mountbatten reached India on March 24, 1947. as soon as he reached, he declared that he will complete the work of transfer of powers into the Indian hands meanwhile the bill of Indian independence  act was passed by the parliament.<br />
<span style="font-weight: bold;" class="mycode_b">2. Indian Independence Act 1947:</span><br />
Two states was established in accordance with the Indian independence act which was passed by the British parliament. the British Government surrendered all kinds of responsibilities for the territories of the Sub-Continent.<br />
<span style="font-weight: bold;" class="mycode_b">3. Salient features:</span><br />
The sail<br />
<br />
<br />
salient features of Indian independence act are as under.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Partition of India:</span><br />
Indian independence act 1947 provided for the partition of India and establishment of two dominions of India and Pakistan. <br />
<span style="font-weight: bold;" class="mycode_b">(ii) Legislature supremacy:</span><br />
Indian independence act 1947 provides for legislature supremacy of the two dominions.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Cessation of British Rules:</span><br />
It conceded the complete cessation of the British control over Indian affairs from August 1947.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Two constitutional assemblies:</span><br />
Indian independence act provide two constitutional assemblies for two dominions. all powers were to be vested in the constituent assembly of each dominion.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Right to remain member of British common wealth:</span><br />
Under the Indian independence act the dominions were given full rights to decide whether to remain with the British commonwealth of nations or to come out of it. <br />
<span style="font-weight: bold;" class="mycode_b">(vi) Interim constitution:</span><br />
Till the framing of the new constitution each of the dominions and all the provinces were to be governed in accordance with the government of India act 1935. <br />
<span style="font-weight: bold;" class="mycode_b">(vii) End of the right of the king to vote:</span><br />
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.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) End of the title "Emperor of India:</span><br />
The title of "Emperor of India" was to be dropped from the king of England.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Option for Armed and civil servants:</span><br />
All the civil and army servants were given full option to join either of dominions.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Termination of the Suzerainty of the crown:</span><br />
It provides for termination of suzerainty of the crown over the Indian states. all treaties, agreements, exercisable by his majesty with regards to the states and their rulers were to be laps from 15th August 1947.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) End of the office of the secretary of states:</span><br />
The office of the secretary of the states for India was to be abolished and his work was to be taken over by the secretary of the state for common wealth affairs.<br />
<span style="font-weight: bold;" class="mycode_b">(xii) Office of Governor general:</span><br />
It was provided that for each of  the new dominions there shall be a Governor general who shall be appointed by his majesty and shall represent majesty for the purpose of the Government of the dominions.<br />
<span style="font-weight: bold;" class="mycode_b">(xiii) Right of dominion state:</span><br />
The rulers of dominion states were given option to join either of the dominion keeping in view the majority of their population. <br />
<span style="font-weight: bold;" class="mycode_b">(xiv) Right to amend the Govt. of India act of 1935:</span><br />
Under the independence act each dominion was authorized to amend the government of India act 1935.<br />
<span style="font-weight: bold;" class="mycode_b">(xv) Agreement with the Tribes:</span><br />
Agreement with the tribes of the north-western frontier of India were to be negotiated by successor dominion.<br />
<span style="font-weight: bold;" class="mycode_b">3. Conclusion:</span><br />
To Conclude I can say that; Indian independence act provides partition for India and present state of Islamic republic of Pakistan was created under this act. after Pakistan establishment, the govt. of India act of 1935 was adopted as Interim constitution.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3883" target="_blank" title="">indian Independence Act 1947.rtf</a> (Size: 650.35 KB / Downloads: 736)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Critically examine and explain in detail the salient features of the independence act 1947 (1996-A)   (2005) (2006)<br />
1. Introduction:</span><br />
Lord Mountbatten reached India on March 24, 1947. as soon as he reached, he declared that he will complete the work of transfer of powers into the Indian hands meanwhile the bill of Indian independence  act was passed by the parliament.<br />
<span style="font-weight: bold;" class="mycode_b">2. Indian Independence Act 1947:</span><br />
Two states was established in accordance with the Indian independence act which was passed by the British parliament. the British Government surrendered all kinds of responsibilities for the territories of the Sub-Continent.<br />
<span style="font-weight: bold;" class="mycode_b">3. Salient features:</span><br />
The sail<br />
<br />
<br />
salient features of Indian independence act are as under.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Partition of India:</span><br />
Indian independence act 1947 provided for the partition of India and establishment of two dominions of India and Pakistan. <br />
<span style="font-weight: bold;" class="mycode_b">(ii) Legislature supremacy:</span><br />
Indian independence act 1947 provides for legislature supremacy of the two dominions.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Cessation of British Rules:</span><br />
It conceded the complete cessation of the British control over Indian affairs from August 1947.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Two constitutional assemblies:</span><br />
Indian independence act provide two constitutional assemblies for two dominions. all powers were to be vested in the constituent assembly of each dominion.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Right to remain member of British common wealth:</span><br />
Under the Indian independence act the dominions were given full rights to decide whether to remain with the British commonwealth of nations or to come out of it. <br />
<span style="font-weight: bold;" class="mycode_b">(vi) Interim constitution:</span><br />
Till the framing of the new constitution each of the dominions and all the provinces were to be governed in accordance with the government of India act 1935. <br />
<span style="font-weight: bold;" class="mycode_b">(vii) End of the right of the king to vote:</span><br />
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.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) End of the title "Emperor of India:</span><br />
The title of "Emperor of India" was to be dropped from the king of England.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Option for Armed and civil servants:</span><br />
All the civil and army servants were given full option to join either of dominions.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Termination of the Suzerainty of the crown:</span><br />
It provides for termination of suzerainty of the crown over the Indian states. all treaties, agreements, exercisable by his majesty with regards to the states and their rulers were to be laps from 15th August 1947.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) End of the office of the secretary of states:</span><br />
The office of the secretary of the states for India was to be abolished and his work was to be taken over by the secretary of the state for common wealth affairs.<br />
<span style="font-weight: bold;" class="mycode_b">(xii) Office of Governor general:</span><br />
It was provided that for each of  the new dominions there shall be a Governor general who shall be appointed by his majesty and shall represent majesty for the purpose of the Government of the dominions.<br />
<span style="font-weight: bold;" class="mycode_b">(xiii) Right of dominion state:</span><br />
The rulers of dominion states were given option to join either of the dominion keeping in view the majority of their population. <br />
<span style="font-weight: bold;" class="mycode_b">(xiv) Right to amend the Govt. of India act of 1935:</span><br />
Under the independence act each dominion was authorized to amend the government of India act 1935.<br />
<span style="font-weight: bold;" class="mycode_b">(xv) Agreement with the Tribes:</span><br />
Agreement with the tribes of the north-western frontier of India were to be negotiated by successor dominion.<br />
<span style="font-weight: bold;" class="mycode_b">3. Conclusion:</span><br />
To Conclude I can say that; Indian independence act provides partition for India and present state of Islamic republic of Pakistan was created under this act. after Pakistan establishment, the govt. of India act of 1935 was adopted as Interim constitution.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3883" target="_blank" title="">indian Independence Act 1947.rtf</a> (Size: 650.35 KB / Downloads: 736)
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			<title><![CDATA[Q. Discuss the salient features of the late constitution 1956 of the Islamic]]></title>
			<link>https://vuhelp.net/Thread-Q-Discuss-the-salient-features-of-the-late-constitution-1956-of-the-Islamic</link>
			<pubDate>Wed, 15 Aug 2012 02:52:02 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Discuss-the-salient-features-of-the-late-constitution-1956-of-the-Islamic</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the salient features of the late constitution 1956 of the Islamic republic of Pakistan. (1995-A) (1997-A)(2000-A)<br />
Q. Describe the salient features of the constitution of 1956 and the reasons for its failure. (1995-S)<br />
Q. Discuss salient features of 1956 constitution. (2001-A) (2004) (2005)<br />
1. Introduction:</span><br />
When Pakistan came into being, the Government of India act 1935 was adopted as an interim constitution with changes made to meet the requirements of the new state of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">2. Constitution of 1956</span>:<br />
The constitution of 1956 was put in March 23 1956 and was abrogated because it could not operate smoothly.<br />
<span style="font-weight: bold;" class="mycode_b">3. Salient features of the constitution of 1956:</span><br />
The salient features of the constitution of 1956 are us under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Nature:</span><br />
The of the constitution of 1956 is fundamentally British.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Uni-Cameral Legislature:</span><br />
The central legislature consisted on one house only which was called the national assembly. no second house was there.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Federal system:</span><br />
According to the constitution of the federal system was introduced in the country.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Parliamentary system:</span><br />
The constitution of 1956 provided parliamentary form of Govt. the prime minister enjoyed more powers than president.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Written:</span><br />
The constitution of 1956 is written in form. it consisted 13 chapter, 234 sections and 5 schedules. <br />
<span style="font-weight: bold;" class="mycode_b">(vi) Freedom of judiciary:</span><br />
The constitution of 1956 recognized the independence of judiciary. the supreme court of Pakistan was entitled to explain and interpret the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Fundamental Rights:</span><br />
Fundamental rights of the people were guaranteed in the constitution and these were to be protected by the courts of law.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Rights of Minorities:</span><br />
The constitution of 1956 protects the rights of minorities so that they may perform their religious obligation freely.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Supremacy of Islamic laws:</span><br />
In the constitution of 1956, Shariah was declared the basis for legislative system of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Directive principles of the state policy:</span><br />
The constitution laid down certain directive principles of state policy for the guidance of the Government. they would serve simply as ideals which the state should strive to achieve.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Emergency powers of the president:</span><br />
In the constitution of 1956 it was the discretion of the president to declare the emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Emergency powers of the president:</span><br />
In the constitution of 1956 it was the discretion of the president to declare the emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(xii) Official Language:</span><br />
Urdu and Bangla were made official languages of Pakistan. it was also declared English to remain as office language for a maximum period 25 years.<br />
<span style="font-weight: bold;" class="mycode_b">(xiii) Name of The country:</span><br />
The country was named as "Islamic republic of Pakistan" in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">(xiv) Islamic provisions:</span><br />
The objectives resolution was included as a preamble of the constitution. Islam was the state's religion.<br />
<span style="font-weight: bold;" class="mycode_b">(xv) Lengthy constitution</span>:<br />
The constitution of 1956 was a lengthy one. the reason for its being lengthy was that the framer not only framed the fundamental principles but administrative details were also given.<br />
<span style="font-weight: bold;" class="mycode_b">(xvi) Party rigid:</span><br />
The constitution of 1956 is partly rigid and partly flexible. the method of amendment was not difficult. <br />
<span style="font-weight: bold;" class="mycode_b">(xvii) Presidential form:</span><br />
The constitution of 1956 adopted certain features of presidential from of Government.<br />
<span style="font-weight: bold;" class="mycode_b">(xviii) Direct election:</span><br />
In the constitution of 1956 the method of direct election was adopted in the country.<br />
<span style="font-weight: bold;" class="mycode_b">(xix) Single citizenship:</span><br />
There was only single citizenship in the country. <br />
<span style="font-weight: bold;" class="mycode_b">5. Causes for the failure of 1956 constitution:</span><br />
The constitution of 1956 was failed because it could not operate smoothly and the spirit of the constitution was not respected by the rulers of the country.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Lack of leadership:</span><br />
Lack of leadership also played its role in the failure of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Method of election:</span><br />
The method of election which was adopted was falty. it was not finally decided on electorate issue.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Leak of political training:</span><br />
there was lack of political training in the country. they type of democracy introduced by the constitution of Pakistan was aline to the people.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Role of political parties:</span><br />
The role of political parties were not healthy as well as they were not well ordered and disciplined. <br />
<span style="font-weight: bold;" class="mycode_b">(v) Lack of state parliamentary system:</span><br />
The parliamentary system was not well developed in the country because it was not based upon the principles which presence would crate a democratic society.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Non-Existence of economic equality:</span><br />
Non-Existence economic equality in the country was also the main cause of the failure of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Weakness of the constitution:</span><br />
While drafting the constitution, the backwardness of Pakistan was not taken into account but the circumstances of the land of the foreign rulers were kept. <br />
<span style="font-weight: bold;" class="mycode_b">(viii) Undue interference of the head of the state:</span><br />
Undue interference by the head of the state with the ministers and with the political parties resulted the failure of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Feudalism:</span><br />
The attempt to abolish feudalism was not at all made in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">6. Conclusion:</span><br />
To conclude I can say that; the constitution of 1956 was enforced on 23 March 1956. it provided parliamentary from of Government. it was republic in character. president was elected in the joint session of national assembly and provincial assemblies. the constitution was abrogated on October 8 1958 because it could not operated in the country. he has such powers and function as are conferred on him by the constitution and law.<br />
<br />
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			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the salient features of the late constitution 1956 of the Islamic republic of Pakistan. (1995-A) (1997-A)(2000-A)<br />
Q. Describe the salient features of the constitution of 1956 and the reasons for its failure. (1995-S)<br />
Q. Discuss salient features of 1956 constitution. (2001-A) (2004) (2005)<br />
1. Introduction:</span><br />
When Pakistan came into being, the Government of India act 1935 was adopted as an interim constitution with changes made to meet the requirements of the new state of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">2. Constitution of 1956</span>:<br />
The constitution of 1956 was put in March 23 1956 and was abrogated because it could not operate smoothly.<br />
<span style="font-weight: bold;" class="mycode_b">3. Salient features of the constitution of 1956:</span><br />
The salient features of the constitution of 1956 are us under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Nature:</span><br />
The of the constitution of 1956 is fundamentally British.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Uni-Cameral Legislature:</span><br />
The central legislature consisted on one house only which was called the national assembly. no second house was there.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Federal system:</span><br />
According to the constitution of the federal system was introduced in the country.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Parliamentary system:</span><br />
The constitution of 1956 provided parliamentary form of Govt. the prime minister enjoyed more powers than president.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Written:</span><br />
The constitution of 1956 is written in form. it consisted 13 chapter, 234 sections and 5 schedules. <br />
<span style="font-weight: bold;" class="mycode_b">(vi) Freedom of judiciary:</span><br />
The constitution of 1956 recognized the independence of judiciary. the supreme court of Pakistan was entitled to explain and interpret the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Fundamental Rights:</span><br />
Fundamental rights of the people were guaranteed in the constitution and these were to be protected by the courts of law.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Rights of Minorities:</span><br />
The constitution of 1956 protects the rights of minorities so that they may perform their religious obligation freely.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Supremacy of Islamic laws:</span><br />
In the constitution of 1956, Shariah was declared the basis for legislative system of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Directive principles of the state policy:</span><br />
The constitution laid down certain directive principles of state policy for the guidance of the Government. they would serve simply as ideals which the state should strive to achieve.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Emergency powers of the president:</span><br />
In the constitution of 1956 it was the discretion of the president to declare the emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Emergency powers of the president:</span><br />
In the constitution of 1956 it was the discretion of the president to declare the emergency.<br />
<span style="font-weight: bold;" class="mycode_b">(xii) Official Language:</span><br />
Urdu and Bangla were made official languages of Pakistan. it was also declared English to remain as office language for a maximum period 25 years.<br />
<span style="font-weight: bold;" class="mycode_b">(xiii) Name of The country:</span><br />
The country was named as "Islamic republic of Pakistan" in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">(xiv) Islamic provisions:</span><br />
The objectives resolution was included as a preamble of the constitution. Islam was the state's religion.<br />
<span style="font-weight: bold;" class="mycode_b">(xv) Lengthy constitution</span>:<br />
The constitution of 1956 was a lengthy one. the reason for its being lengthy was that the framer not only framed the fundamental principles but administrative details were also given.<br />
<span style="font-weight: bold;" class="mycode_b">(xvi) Party rigid:</span><br />
The constitution of 1956 is partly rigid and partly flexible. the method of amendment was not difficult. <br />
<span style="font-weight: bold;" class="mycode_b">(xvii) Presidential form:</span><br />
The constitution of 1956 adopted certain features of presidential from of Government.<br />
<span style="font-weight: bold;" class="mycode_b">(xviii) Direct election:</span><br />
In the constitution of 1956 the method of direct election was adopted in the country.<br />
<span style="font-weight: bold;" class="mycode_b">(xix) Single citizenship:</span><br />
There was only single citizenship in the country. <br />
<span style="font-weight: bold;" class="mycode_b">5. Causes for the failure of 1956 constitution:</span><br />
The constitution of 1956 was failed because it could not operate smoothly and the spirit of the constitution was not respected by the rulers of the country.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Lack of leadership:</span><br />
Lack of leadership also played its role in the failure of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Method of election:</span><br />
The method of election which was adopted was falty. it was not finally decided on electorate issue.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Leak of political training:</span><br />
there was lack of political training in the country. they type of democracy introduced by the constitution of Pakistan was aline to the people.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Role of political parties:</span><br />
The role of political parties were not healthy as well as they were not well ordered and disciplined. <br />
<span style="font-weight: bold;" class="mycode_b">(v) Lack of state parliamentary system:</span><br />
The parliamentary system was not well developed in the country because it was not based upon the principles which presence would crate a democratic society.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Non-Existence of economic equality:</span><br />
Non-Existence economic equality in the country was also the main cause of the failure of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(vii) Weakness of the constitution:</span><br />
While drafting the constitution, the backwardness of Pakistan was not taken into account but the circumstances of the land of the foreign rulers were kept. <br />
<span style="font-weight: bold;" class="mycode_b">(viii) Undue interference of the head of the state:</span><br />
Undue interference by the head of the state with the ministers and with the political parties resulted the failure of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Feudalism:</span><br />
The attempt to abolish feudalism was not at all made in the constitution of 1956.<br />
<span style="font-weight: bold;" class="mycode_b">6. Conclusion:</span><br />
To conclude I can say that; the constitution of 1956 was enforced on 23 March 1956. it provided parliamentary from of Government. it was republic in character. president was elected in the joint session of national assembly and provincial assemblies. the constitution was abrogated on October 8 1958 because it could not operated in the country. he has such powers and function as are conferred on him by the constitution and law.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3882" target="_blank" title="">Salient Features of Constitution Of 1956.rtf</a> (Size: 6.57 KB / Downloads: 640)
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			<title><![CDATA[Q. Write a comprehensive note on chief election commissioner]]></title>
			<link>https://vuhelp.net/Thread-Q-Write-a-comprehensive-note-on-chief-election-commissioner</link>
			<pubDate>Tue, 14 Aug 2012 12:59:10 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Write-a-comprehensive-note-on-chief-election-commissioner</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Write a comprehensive note on chief election commissioner and election commissioner. (1998-A) (2004-S)<br />
1. Introduction:</span><br />
The constitution of 1973 provide an administrative structure for elections. its whose duty is to hold fair and free elections. he is an independent functionary of the status and positions. he is an independent functionary of the status and position of a judge of the supreme court. the election is held under his supervisions. his appointment is necessary whenever a general election for an assembly is to be conducted. <br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant provisions:</span><br />
Article 213 to 217.<br />
<span style="font-weight: bold;" class="mycode_b">3. Election commission:</span><br />
According to the constitution election commission shall be constituted for the purpose of general election to the assemblies. the election commissioner shall be the chairman of the election commission.<br />
4. Appointment of chief election commissioner:<br />
The president shall appoint the chief election commission.<br />
<span style="font-weight: bold;" class="mycode_b">5. Nature of the appointment:</span><br />
The appointment is not permanent and substantive. it is merely intended for the purpose of holding of the forthcoming general election.<br />
<span style="font-weight: bold;" class="mycode_b">Case law<br />
P.L.D 1978 SC 40 P.60</span><br />
A person appointed chief election commissioner can perform the function acting chief justice of high court.<br />
<span style="font-weight: bold;" class="mycode_b">6. Qualification:</span><br />
Chief election commissioner must be or have been a judge of the high court or supreme court of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Oath of office:</span><br />
Chief election commissioner takes oath of office before the chief justice of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">7. Term of Office:</span><br />
The term of the office of election commissioner is three years. <br />
<span style="font-weight: bold;" class="mycode_b">8. Extension of term:</span><br />
National assembly may extend the term for one year through a resolution.<br />
<span style="font-weight: bold;" class="mycode_b">9. Termination:</span><br />
The procedure of removing the chief election commissioner is similar as for the removal of high court or supreme court.<br />
<span style="font-weight: bold;" class="mycode_b">10. Restrictions:</span><br />
Chief election commissioner can not accept an office of profit in the service of Pakistan until two years from the date of his retirement.<br />
<span style="font-weight: bold;" class="mycode_b">11. Functions powers and duties of election commissioner:</span><br />
Functions, powers and duties of election commissioner are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Preparation of electoral rolls:</span><br />
He prepares electoral rolls for election of national and provincial assemblies and revises the rolls annually.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Elections of senate:</span><br />
Chief election commissioner organizes and conduct elections of the senate.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Appointing election Tribunal:</span><br />
Chief election commissioner appoint to decide dispute regarding counting of votes or about the conduct of election in any constituency.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Election of casual vacancies:</span><br />
Chief election commission holds elections to fill casual vacancies in parliament or in provincial assembly.<br />
<span style="font-weight: bold;" class="mycode_b">12. Acting commissioner:</span><br />
When the office of the commissioner is vacant or he is absent or unable to perform the functions of his office due to any other cause a judge of the supreme court nominated by the chief justice shall act as commissioner.<br />
<span style="font-weight: bold;" class="mycode_b">13. Conclusion:</span><br />
To conclude I can say that; the chief election commissioner is appointed by the president for a term of three years. the important duty of the chief election commissioner is to hold fair election in the country. he has such powers and functions as are conferred on him by the constitution and law.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3881" target="_blank" title="">Chief Election Commissioner.rtf</a> (Size: 3.82 KB / Downloads: 502)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Write a comprehensive note on chief election commissioner and election commissioner. (1998-A) (2004-S)<br />
1. Introduction:</span><br />
The constitution of 1973 provide an administrative structure for elections. its whose duty is to hold fair and free elections. he is an independent functionary of the status and positions. he is an independent functionary of the status and position of a judge of the supreme court. the election is held under his supervisions. his appointment is necessary whenever a general election for an assembly is to be conducted. <br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant provisions:</span><br />
Article 213 to 217.<br />
<span style="font-weight: bold;" class="mycode_b">3. Election commission:</span><br />
According to the constitution election commission shall be constituted for the purpose of general election to the assemblies. the election commissioner shall be the chairman of the election commission.<br />
4. Appointment of chief election commissioner:<br />
The president shall appoint the chief election commission.<br />
<span style="font-weight: bold;" class="mycode_b">5. Nature of the appointment:</span><br />
The appointment is not permanent and substantive. it is merely intended for the purpose of holding of the forthcoming general election.<br />
<span style="font-weight: bold;" class="mycode_b">Case law<br />
P.L.D 1978 SC 40 P.60</span><br />
A person appointed chief election commissioner can perform the function acting chief justice of high court.<br />
<span style="font-weight: bold;" class="mycode_b">6. Qualification:</span><br />
Chief election commissioner must be or have been a judge of the high court or supreme court of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Oath of office:</span><br />
Chief election commissioner takes oath of office before the chief justice of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">7. Term of Office:</span><br />
The term of the office of election commissioner is three years. <br />
<span style="font-weight: bold;" class="mycode_b">8. Extension of term:</span><br />
National assembly may extend the term for one year through a resolution.<br />
<span style="font-weight: bold;" class="mycode_b">9. Termination:</span><br />
The procedure of removing the chief election commissioner is similar as for the removal of high court or supreme court.<br />
<span style="font-weight: bold;" class="mycode_b">10. Restrictions:</span><br />
Chief election commissioner can not accept an office of profit in the service of Pakistan until two years from the date of his retirement.<br />
<span style="font-weight: bold;" class="mycode_b">11. Functions powers and duties of election commissioner:</span><br />
Functions, powers and duties of election commissioner are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(i) Preparation of electoral rolls:</span><br />
He prepares electoral rolls for election of national and provincial assemblies and revises the rolls annually.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Elections of senate:</span><br />
Chief election commissioner organizes and conduct elections of the senate.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Appointing election Tribunal:</span><br />
Chief election commissioner appoint to decide dispute regarding counting of votes or about the conduct of election in any constituency.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Election of casual vacancies:</span><br />
Chief election commission holds elections to fill casual vacancies in parliament or in provincial assembly.<br />
<span style="font-weight: bold;" class="mycode_b">12. Acting commissioner:</span><br />
When the office of the commissioner is vacant or he is absent or unable to perform the functions of his office due to any other cause a judge of the supreme court nominated by the chief justice shall act as commissioner.<br />
<span style="font-weight: bold;" class="mycode_b">13. Conclusion:</span><br />
To conclude I can say that; the chief election commissioner is appointed by the president for a term of three years. the important duty of the chief election commissioner is to hold fair election in the country. he has such powers and functions as are conferred on him by the constitution and law.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3881" target="_blank" title="">Chief Election Commissioner.rtf</a> (Size: 3.82 KB / Downloads: 502)
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			<title><![CDATA[Q. Write a comprehensive note on the council of common intersts. (1997-S) (2000-S)]]></title>
			<link>https://vuhelp.net/Thread-Q-Write-a-comprehensive-note-on-the-council-of-common-intersts-1997-S-2000-S</link>
			<pubDate>Tue, 14 Aug 2012 11:32:00 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Write-a-comprehensive-note-on-the-council-of-common-intersts-1997-S-2000-S</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">1. Introduction:</span><br />
In order to divide government organizations and department among the provinces, the council of common interest has been set up under the present constitution. The council of common interest in an constitutional body which irons out differences, problems and irritants between the provinces interest and also between the provinces and the federation. it is an institution which provide constitutional justice to the provinces and federation.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 153 to 155.<br />
<span style="font-weight: bold;" class="mycode_b">3. Object f council of common interest:<br />
Case law <br />
P.L.D 1993 Sc 473 </span><br />
It was held. the object of  council of common interest is to strengthen and integrate federation and provinces, iron out their differences. <br />
<span style="font-weight: bold;" class="mycode_b">4. Organization:</span><br />
The members of the council shall be provincial chief minister and an equal members from the federal government who are nominated by prime minister from time to time.<br />
<span style="font-weight: bold;" class="mycode_b">5. Appointment of Members:</span><br />
The members of common interest is appointed by the president of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">6. Chairman Of The Council Of Common Interest:</span><br />
Prime Minister is the member of the council and its chairman. Otherwise President shall appoint federal minister.<br />
<span style="font-weight: bold;" class="mycode_b">7. Responsibility Of The Council:</span><br />
Council of common interest shall be answerable to the parliament.<br />
<span style="font-weight: bold;" class="mycode_b">8. Function Of The Council:<br />
 (i) Policy Making:</span><br />
 Council of common interest formulates and regulates Policies in regulates to matters enumerated in part II of the Federal legislative list and with regard to electricity.<br />
<span style="font-weight: bold;" class="mycode_b">(ii)  Decisions of Complaints:</span><br />
Council of common interest decides complaints regarding water; when the provincial or federal government makes a law or passes an order regarding water or any natural resource affecting the interests of a province.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) End of differences:</span><br />
It is an important duty of council of common interest to bring into conformity and policies of all provinces and not any difference arise between the federal and provincial policies.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Supervisory of the institutions:</span><br />
The council of common interest supervise the institutions such as railways mineral, oil, electricity natural Gas, development of industries and institution, establishment, bodies and corporation administrated or managed by the federal govt. <br />
<span style="font-weight: bold;" class="mycode_b">9. Mode of decision:</span><br />
The decision of the council are expressed as the opinion of the majority.<br />
<span style="font-weight: bold;" class="mycode_b">10. Conclusion:</span><br />
To conclude I can say that; council of common interest is an important constitutional body. its man object is to care the common interest of all the provinces. council of common interest is coordinating body between the provinces and the federation. it regulate policies in relation to matters in part 11 of the federal legislative list.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3880" target="_blank" title="">Council of Common Interests.rtf</a> (Size: 3.28 KB / Downloads: 535)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">1. Introduction:</span><br />
In order to divide government organizations and department among the provinces, the council of common interest has been set up under the present constitution. The council of common interest in an constitutional body which irons out differences, problems and irritants between the provinces interest and also between the provinces and the federation. it is an institution which provide constitutional justice to the provinces and federation.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 153 to 155.<br />
<span style="font-weight: bold;" class="mycode_b">3. Object f council of common interest:<br />
Case law <br />
P.L.D 1993 Sc 473 </span><br />
It was held. the object of  council of common interest is to strengthen and integrate federation and provinces, iron out their differences. <br />
<span style="font-weight: bold;" class="mycode_b">4. Organization:</span><br />
The members of the council shall be provincial chief minister and an equal members from the federal government who are nominated by prime minister from time to time.<br />
<span style="font-weight: bold;" class="mycode_b">5. Appointment of Members:</span><br />
The members of common interest is appointed by the president of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">6. Chairman Of The Council Of Common Interest:</span><br />
Prime Minister is the member of the council and its chairman. Otherwise President shall appoint federal minister.<br />
<span style="font-weight: bold;" class="mycode_b">7. Responsibility Of The Council:</span><br />
Council of common interest shall be answerable to the parliament.<br />
<span style="font-weight: bold;" class="mycode_b">8. Function Of The Council:<br />
 (i) Policy Making:</span><br />
 Council of common interest formulates and regulates Policies in regulates to matters enumerated in part II of the Federal legislative list and with regard to electricity.<br />
<span style="font-weight: bold;" class="mycode_b">(ii)  Decisions of Complaints:</span><br />
Council of common interest decides complaints regarding water; when the provincial or federal government makes a law or passes an order regarding water or any natural resource affecting the interests of a province.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) End of differences:</span><br />
It is an important duty of council of common interest to bring into conformity and policies of all provinces and not any difference arise between the federal and provincial policies.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Supervisory of the institutions:</span><br />
The council of common interest supervise the institutions such as railways mineral, oil, electricity natural Gas, development of industries and institution, establishment, bodies and corporation administrated or managed by the federal govt. <br />
<span style="font-weight: bold;" class="mycode_b">9. Mode of decision:</span><br />
The decision of the council are expressed as the opinion of the majority.<br />
<span style="font-weight: bold;" class="mycode_b">10. Conclusion:</span><br />
To conclude I can say that; council of common interest is an important constitutional body. its man object is to care the common interest of all the provinces. council of common interest is coordinating body between the provinces and the federation. it regulate policies in relation to matters in part 11 of the federal legislative list.<br />
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			<title><![CDATA[Q. Give the constitution and functions of council of a Islamic ideology. (2000-S)]]></title>
			<link>https://vuhelp.net/Thread-Q-Give-the-constitution-and-functions-of-council-of-a-Islamic-ideology-2000-S</link>
			<pubDate>Tue, 14 Aug 2012 09:34:33 -0400</pubDate>
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			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the detail the provisions of the constitution (1973) relating to the council of Islamic ideology (1999-A)<br />
Q. Explain the composition and functions of Islamic ideology council. (2004) (2006/A)<br />
1. Introduction:</span><br />
The constitution of 1973 is regarded as an Islamic constitution because Islam is the state's religion of the country and according to the constitution steps shall be taken to enable the Muslim to order their life in accordance with Islam.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 227-231. <br />
<span style="font-weight: bold;" class="mycode_b">3. Composition of the council of Islamic Ideology:</span><br />
Islamic council has its Chairman and 8 to 20 members. of council.<br />
(i) So far practicable various schools of thought are represented in the council. <br />
(ii) Not less than two members are persons each of whom is, or has been a judge of the supreme court or the high court.<br />
(iii) Not less than four of members are persons each of whom has been engaged, for a period not less than fifteen years in Islamic research or institutions and<br />
(iv) At least one member is a woman.<br />
<span style="font-weight: bold;" class="mycode_b">4. Appointment of members:</span><br />
Members of the council of Islamic ideology are appointed by the president of Islamic republic of Pakistan on the advice of prime minister.<br />
<span style="font-weight: bold;" class="mycode_b">5. Qualifications for members:</span><br />
Members should have the following qualifications:<br />
(i) Have Knowledge of the principles and philosophy of Islam.<br />
(ii) Have knowledge of Islamic law and Fiqa.<br />
(iii) Have knowledge of political problems of Pakistan.<br />
(iv) Have knowledge of economic problems of Pakistan.<br />
(v) Have knowledge of the legal and administrative problems of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">6. Functions of council of Islamic ideology:</span><br />
Functions of council of Islamic ideology are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(a) Advisory Functions:</span><br />
Council of Islamic ideology shall give advice to the president, parliament, or provincial assembly about the bills whether they are in accordance with or in consistent to the Islamic Principles.<br />
Case law PLD 2001, SC, 8<br />
It was held that no law repugnant to the holy Quran and sunnah can be enacted and all existing laws to have to be brought in conformity with the injunctions of Islam.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Research Functions:</span><br />
Council of Islamic ideology makes research on different aspects of laws enforced in Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">&copy; Reporting function:</span><br />
Council of Islamic ideology prepares its reports on the recommendation and presents to the parliament.<br />
<span style="font-weight: bold;" class="mycode_b">(e) Explanatory function: </span><br />
If there is any ambiguity the provisions of the constitution of Islamic republic of Pakistan on subject of religion, the council can explain it.<br />
<span style="font-weight: bold;" class="mycode_b">7. Modes of Proceeding:</span><br />
(i) On the reference made by<br />
(a) Parliament 9both houses)<br />
(b) President<br />
&copy; Provincial assemblies.<br />
(d) Governor<br />
(ii) Suo motu<br />
<span style="font-weight: bold;" class="mycode_b">8. Scope:</span><br />
The council of Islamic ideology has been assigned a special advisory role. its primary duty is to be bring all existing laws in conformity with the injuctions of Islam as laid down in Holy Quran and Sunnah.<br />
<span style="font-weight: bold;" class="mycode_b">9. Rules of Procedure:</span><br />
The proceedings of Islamic council shall be regulated by the rules of procedure to be make by the council with the approval of the president.<br />
<span style="font-weight: bold;" class="mycode_b">10. Conclusion:</span><br />
I  conclude I can say that; Islamic ideology council consists of a chairman and other members who are appoint by the president for the term of 3 years. the main functions of Islamic ideology council shall be make recommendation to parliament as to ways and means of enabling the Muslims of Pakistan to order their lives in accordance with principles of Islam.<br />
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			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the detail the provisions of the constitution (1973) relating to the council of Islamic ideology (1999-A)<br />
Q. Explain the composition and functions of Islamic ideology council. (2004) (2006/A)<br />
1. Introduction:</span><br />
The constitution of 1973 is regarded as an Islamic constitution because Islam is the state's religion of the country and according to the constitution steps shall be taken to enable the Muslim to order their life in accordance with Islam.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 227-231. <br />
<span style="font-weight: bold;" class="mycode_b">3. Composition of the council of Islamic Ideology:</span><br />
Islamic council has its Chairman and 8 to 20 members. of council.<br />
(i) So far practicable various schools of thought are represented in the council. <br />
(ii) Not less than two members are persons each of whom is, or has been a judge of the supreme court or the high court.<br />
(iii) Not less than four of members are persons each of whom has been engaged, for a period not less than fifteen years in Islamic research or institutions and<br />
(iv) At least one member is a woman.<br />
<span style="font-weight: bold;" class="mycode_b">4. Appointment of members:</span><br />
Members of the council of Islamic ideology are appointed by the president of Islamic republic of Pakistan on the advice of prime minister.<br />
<span style="font-weight: bold;" class="mycode_b">5. Qualifications for members:</span><br />
Members should have the following qualifications:<br />
(i) Have Knowledge of the principles and philosophy of Islam.<br />
(ii) Have knowledge of Islamic law and Fiqa.<br />
(iii) Have knowledge of political problems of Pakistan.<br />
(iv) Have knowledge of economic problems of Pakistan.<br />
(v) Have knowledge of the legal and administrative problems of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">6. Functions of council of Islamic ideology:</span><br />
Functions of council of Islamic ideology are as under:<br />
<span style="font-weight: bold;" class="mycode_b">(a) Advisory Functions:</span><br />
Council of Islamic ideology shall give advice to the president, parliament, or provincial assembly about the bills whether they are in accordance with or in consistent to the Islamic Principles.<br />
Case law PLD 2001, SC, 8<br />
It was held that no law repugnant to the holy Quran and sunnah can be enacted and all existing laws to have to be brought in conformity with the injunctions of Islam.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Research Functions:</span><br />
Council of Islamic ideology makes research on different aspects of laws enforced in Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">&copy; Reporting function:</span><br />
Council of Islamic ideology prepares its reports on the recommendation and presents to the parliament.<br />
<span style="font-weight: bold;" class="mycode_b">(e) Explanatory function: </span><br />
If there is any ambiguity the provisions of the constitution of Islamic republic of Pakistan on subject of religion, the council can explain it.<br />
<span style="font-weight: bold;" class="mycode_b">7. Modes of Proceeding:</span><br />
(i) On the reference made by<br />
(a) Parliament 9both houses)<br />
(b) President<br />
&copy; Provincial assemblies.<br />
(d) Governor<br />
(ii) Suo motu<br />
<span style="font-weight: bold;" class="mycode_b">8. Scope:</span><br />
The council of Islamic ideology has been assigned a special advisory role. its primary duty is to be bring all existing laws in conformity with the injuctions of Islam as laid down in Holy Quran and Sunnah.<br />
<span style="font-weight: bold;" class="mycode_b">9. Rules of Procedure:</span><br />
The proceedings of Islamic council shall be regulated by the rules of procedure to be make by the council with the approval of the president.<br />
<span style="font-weight: bold;" class="mycode_b">10. Conclusion:</span><br />
I  conclude I can say that; Islamic ideology council consists of a chairman and other members who are appoint by the president for the term of 3 years. the main functions of Islamic ideology council shall be make recommendation to parliament as to ways and means of enabling the Muslims of Pakistan to order their lives in accordance with principles of Islam.<br />
<br />
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			<title><![CDATA[Q. Write a comprehensive note on supreme judicial council. (1998-S) (2002-S)]]></title>
			<link>https://vuhelp.net/Thread-Q-Write-a-comprehensive-note-on-supreme-judicial-council-1998-S-2002-S</link>
			<pubDate>Tue, 14 Aug 2012 08:23:44 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Write-a-comprehensive-note-on-supreme-judicial-council-1998-S-2002-S</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. What is supreme judicial council? Discuss its composition and function under the constitution of 1973. (1997-S)<br />
Q. What are the functions of the supreme judicial council. how is it constituted under the present constitution. (1997-A) (1995)<br />
Q. What are the powers and functions of supreme judicial council how it is constituted. <br />
1. Introduction:</span><br />
Supreme judicial council is a unique institution. it makes enquires against the judges of high court and also the judges of supreme court of Islamic republic of Pakistan. A judge of high court or the supreme court can be removed on the report of supreme judicial council. <br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 209 to 211.<br />
<span style="font-weight: bold;" class="mycode_b">3. Scope:</span><br />
The judges of supreme courts are accountably in accordance with the article 209 of the constitution of Pakistan. an individual has not right to move against a judge in the supreme judicial council.<br />
<span style="font-weight: bold;" class="mycode_b">Case law<br />
Asad Ali v/s Fedration of Pakistan PLD 2000 P. 179.</span><br />
It was held that recommendation of the chief justices of the high otherwise of a person to be appointed or confirmed as judge of high court would not fall within the scope of Article 209.<br />
<span style="font-weight: bold;" class="mycode_b">4. Matters which can be enquired by the supreme judicial council:</span><br />
Supreme judicial council can enquire the matters as under.<br />
(i) The incapacity of a judge to perform the duties of his office properly arising out physical or mentally.<br />
(ii) Misconduct of the judge.<br />
<span style="font-weight: bold;" class="mycode_b">5. Nature of proceeding before supreme judicial council:</span><br />
The proceeding against a judge of the high court or the supreme court neither criminal nor civil. it is merely an administrative nature proceeding.<br />
<span style="font-weight: bold;" class="mycode_b">6. Modes of proceeding:</span><br />
Supreme judicial court can take or initate proceeding:<br />
(i) By it self.<br />
(ii) By the reference of the president of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">7. Organization of supreme judicial council:</span><br />
Supreme judicial council consists of the chief justice of Pakistan, the two next most senior judges of the supreme court and the two most senior judges of high court.<br />
<span style="font-weight: bold;" class="mycode_b">8. Powers and functions of supreme judicial council:<br />
(i) Making of enquiry:</span><br />
The primary function of the supreme judicial council is to make enquiry into the conduct of a judge of the supreme court of high court. if, on the basis of information received from the council or from any other source, the president is of the opinion that a judge of the supreme court or high court.<br />
(a) May be incapable of properly performing his duties due to physical or mental incapacity.<br />
(b) May have the guilty of misconduct.<br />
the president shall direct the council to inquire into the matter. supreme judicial council will undertake such an enquiry and submit a report on the matter, by majority of its members, declaring that the judge is incapable of performing his duties or has been guilty of misconduct, the president may remove the judge from his office.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Power to enforce attendance of person:</span><br />
It is also the function of the council and its power of issuing directions or orders for securing the attendance of any person or for discovery or production of documents. the orders issued by the council in this connection are enforceable as though they had been issued by the supreme court. <br />
<span style="font-weight: bold;" class="mycode_b">(iii) Code of conduct:</span><br />
Supreme judicial council provide a code of conduct for the judges of the supreme court and high court.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Contempt of court:</span><br />
The law of contempt of court is also applicable to the council.<br />
<span style="font-weight: bold;" class="mycode_b">9. Bar of Jurisdiction:</span><br />
The actions taken or reports made by the council shall not be questioned in any court of law.<br />
<span style="font-weight: bold;" class="mycode_b">10. Conclusion:</span><br />
To conclude I can say that supreme judicial council is an important constitutional institution. the president of Pakistan can only remove a judge only if the supreme judicial council so recommends.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
&nbsp;&nbsp;<a href="attachment.php?aid=3878" target="_blank" title="">Supreme Judicial Council.rtf</a> (Size: 4.3 KB / Downloads: 423)
]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. What is supreme judicial council? Discuss its composition and function under the constitution of 1973. (1997-S)<br />
Q. What are the functions of the supreme judicial council. how is it constituted under the present constitution. (1997-A) (1995)<br />
Q. What are the powers and functions of supreme judicial council how it is constituted. <br />
1. Introduction:</span><br />
Supreme judicial council is a unique institution. it makes enquires against the judges of high court and also the judges of supreme court of Islamic republic of Pakistan. A judge of high court or the supreme court can be removed on the report of supreme judicial council. <br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 209 to 211.<br />
<span style="font-weight: bold;" class="mycode_b">3. Scope:</span><br />
The judges of supreme courts are accountably in accordance with the article 209 of the constitution of Pakistan. an individual has not right to move against a judge in the supreme judicial council.<br />
<span style="font-weight: bold;" class="mycode_b">Case law<br />
Asad Ali v/s Fedration of Pakistan PLD 2000 P. 179.</span><br />
It was held that recommendation of the chief justices of the high otherwise of a person to be appointed or confirmed as judge of high court would not fall within the scope of Article 209.<br />
<span style="font-weight: bold;" class="mycode_b">4. Matters which can be enquired by the supreme judicial council:</span><br />
Supreme judicial council can enquire the matters as under.<br />
(i) The incapacity of a judge to perform the duties of his office properly arising out physical or mentally.<br />
(ii) Misconduct of the judge.<br />
<span style="font-weight: bold;" class="mycode_b">5. Nature of proceeding before supreme judicial council:</span><br />
The proceeding against a judge of the high court or the supreme court neither criminal nor civil. it is merely an administrative nature proceeding.<br />
<span style="font-weight: bold;" class="mycode_b">6. Modes of proceeding:</span><br />
Supreme judicial court can take or initate proceeding:<br />
(i) By it self.<br />
(ii) By the reference of the president of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">7. Organization of supreme judicial council:</span><br />
Supreme judicial council consists of the chief justice of Pakistan, the two next most senior judges of the supreme court and the two most senior judges of high court.<br />
<span style="font-weight: bold;" class="mycode_b">8. Powers and functions of supreme judicial council:<br />
(i) Making of enquiry:</span><br />
The primary function of the supreme judicial council is to make enquiry into the conduct of a judge of the supreme court of high court. if, on the basis of information received from the council or from any other source, the president is of the opinion that a judge of the supreme court or high court.<br />
(a) May be incapable of properly performing his duties due to physical or mental incapacity.<br />
(b) May have the guilty of misconduct.<br />
the president shall direct the council to inquire into the matter. supreme judicial council will undertake such an enquiry and submit a report on the matter, by majority of its members, declaring that the judge is incapable of performing his duties or has been guilty of misconduct, the president may remove the judge from his office.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Power to enforce attendance of person:</span><br />
It is also the function of the council and its power of issuing directions or orders for securing the attendance of any person or for discovery or production of documents. the orders issued by the council in this connection are enforceable as though they had been issued by the supreme court. <br />
<span style="font-weight: bold;" class="mycode_b">(iii) Code of conduct:</span><br />
Supreme judicial council provide a code of conduct for the judges of the supreme court and high court.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Contempt of court:</span><br />
The law of contempt of court is also applicable to the council.<br />
<span style="font-weight: bold;" class="mycode_b">9. Bar of Jurisdiction:</span><br />
The actions taken or reports made by the council shall not be questioned in any court of law.<br />
<span style="font-weight: bold;" class="mycode_b">10. Conclusion:</span><br />
To conclude I can say that supreme judicial council is an important constitutional institution. the president of Pakistan can only remove a judge only if the supreme judicial council so recommends.<br />
<br />
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			<title><![CDATA[Q. Explain the constitution of high court and describe the necessary qualifications .]]></title>
			<link>https://vuhelp.net/Thread-Q-Explain-the-constitution-of-high-court-and-describe-the-necessary-qualifications</link>
			<pubDate>Tue, 14 Aug 2012 06:52:50 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Explain-the-constitution-of-high-court-and-describe-the-necessary-qualifications</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Explain the constitution of high court and describe the necessary qualifications for the appointment of a judge? (1996-A)<br />
1. Introduction:</span><br />
According to the constitution of 1973 of Islamic republic of Pakistan a high court is the highest court in a province. normally the jurisdiction of a high court is limited to its respective province.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 192-208.<br />
<span style="font-weight: bold;" class="mycode_b">3. Formation:</span><br />
High court shall consist of a chief justice and so many other judges as may be fixed by law.<br />
<span style="font-weight: bold;" class="mycode_b">4. Appointment:</span><br />
The chief justice of high court shall be appointed by the president of Pakistan after consulation with the chief justice of Pakistan and with the governor concerned the other judges shall be appointed by the president after the consulted with the chief justice of high court and governor concerned. <br />
<span style="font-weight: bold;" class="mycode_b">5. Qualifications for judges:</span><br />
The judge of high court must have the following qualifications:<br />
(a) He must be a citizen of Pakistan.<br />
(b) He should not be less than 40 years of age.<br />
&copy; He has been advocate of high court for at least ten years or<br />
(d) He has been in civil service for minimum served as a district judge for three years or<br />
(e) He has held a judicial office in Pakistan for a period of not less than ten years.<br />
<span style="font-weight: bold;" class="mycode_b">6. Oath of Office:<br />
(a) Chief justice:</span><br />
The chief justice take oath of his office before the governor.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Other judges:</span><br />
The other judges of high court shall take oath of office before the chief justice of the high court.<br />
<span style="font-weight: bold;" class="mycode_b">7. Term of office:</span><br />
Retiring age for the judge of high court is 62 years.<br />
<span style="font-weight: bold;" class="mycode_b">8. Acting chief justice:</span><br />
In absence of chief justice president may appoint, the senior most judge to act as chief justice.<br />
<span style="font-weight: bold;" class="mycode_b">9. Additional judges:</span><br />
The president may appoint any such person who is qualified to be a judge to be a additional judge for a certain period. if there is need to increase the number of judges of a high court. <br />
<span style="font-weight: bold;" class="mycode_b">10. Seat of the high court:</span><br />
Each high court have its principal seat at the place where it had such seat at the time of its establishment.<br />
<span style="font-weight: bold;" class="mycode_b">11. Salary and facilities:</span><br />
The chief justice and other judges of a high court get fixed remuneration per month. they are also given accommodation, pension and allowances.<br />
<span style="font-weight: bold;" class="mycode_b">12. Restrictions:</span><br />
A judge of high court shall not hold any office of profit in service of Pakistan until the expiration of two years from the date of their retirement. however  they may be appointed in judicial and Quasi-Judicial services. the retired judge from high court can not practice in any court with in the jurisdiction of the principal seat of high court but he can appear before a court which did not fall with in their previous jurisdiction.<br />
<span style="font-weight: bold;" class="mycode_b">13. Removal of Judges:</span><br />
A judge can be removed from his office if he is unable to perform his duties due to physical or mental incapacity or he has been guilty of gross mis-conduct. the president can direct supreme judicial council to inquire into matter. if council finds him incable perform his duties the president may remove the judge from the office. <br />
<span style="font-weight: bold;" class="mycode_b">14. Transfer of judges:</span><br />
The president may transfer a judge from one high court to another high ccourt but no judge shall be transferred except with his consent. <br />
<span style="font-weight: bold;" class="mycode_b">15. Powers and functions of high court:<br />
I. Original jurisdiction:</span><br />
High court has original jurisdiction in certain matters such as the case of contempt of court and writs etc. <br />
<span style="font-weight: bold;" class="mycode_b">(a) Order of Habeaus Corpus:</span><br />
High court can make order directing that a person in custody within territorial jurisdiction of the court be brought before it so that the court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Order of mandamus:</span><br />
If the fundamental rights of any person have been effected the court may, on his application, order any person, authority or government which is deemed necessary for the enforcement of any such fundamental rights.<br />
<span style="font-weight: bold;" class="mycode_b">II. Appellate jurisdiction:</span><br />
The high court has appellate jurisdiction to hear appeals against the orders decrees and judgements of the subordinate.<br />
<span style="font-weight: bold;" class="mycode_b">III. Supervisions of subordinate courts:</span><br />
The high court in the province supervises the work of the subordinate courts.<br />
<span style="font-weight: bold;" class="mycode_b">&copy; Order of prohibition:</span><br />
High court can direct a person performing within the territorial jurisdiction of the court, functions in connection with the affairs of the federation, province, or a local authority, to refrain from doing he is not permitted by law.<br />
<span style="font-weight: bold;" class="mycode_b">(d) Order of certiorari:</span><br />
High court can declare any act done by a federal, provincial or local authority functionary has been done without lawful authority and is of no legal effects.<br />
<span style="font-weight: bold;" class="mycode_b">16. Binding effect of the decisions of the high court:</span><br />
The decisions of high court shall be binding effect on the courts subordinate to the high court.<br />
<span style="font-weight: bold;" class="mycode_b">Case Law<br />
1968 Lah. 148</span><br />
Judgment of light court whether reported or unreported would have binding effect.<br />
<span style="font-weight: bold;" class="mycode_b">17. Appeal to the supreme court:</span><br />
Appeals against the decisions of the high court lie before the supreme court.<br />
<span style="font-weight: bold;" class="mycode_b">18. Conclusion:</span><br />
To conclude I can say that; the judicial organisation of a province is headed by a high courts in the province. the high court consists of a chief justice as many other judges as may be fixed by law. every province in Pakistan have a high court of its own. the parliament may by an act extend the jurisdiction of any high court to any area in Pakistan.<br />
<br />
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			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Explain the constitution of high court and describe the necessary qualifications for the appointment of a judge? (1996-A)<br />
1. Introduction:</span><br />
According to the constitution of 1973 of Islamic republic of Pakistan a high court is the highest court in a province. normally the jurisdiction of a high court is limited to its respective province.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 192-208.<br />
<span style="font-weight: bold;" class="mycode_b">3. Formation:</span><br />
High court shall consist of a chief justice and so many other judges as may be fixed by law.<br />
<span style="font-weight: bold;" class="mycode_b">4. Appointment:</span><br />
The chief justice of high court shall be appointed by the president of Pakistan after consulation with the chief justice of Pakistan and with the governor concerned the other judges shall be appointed by the president after the consulted with the chief justice of high court and governor concerned. <br />
<span style="font-weight: bold;" class="mycode_b">5. Qualifications for judges:</span><br />
The judge of high court must have the following qualifications:<br />
(a) He must be a citizen of Pakistan.<br />
(b) He should not be less than 40 years of age.<br />
&copy; He has been advocate of high court for at least ten years or<br />
(d) He has been in civil service for minimum served as a district judge for three years or<br />
(e) He has held a judicial office in Pakistan for a period of not less than ten years.<br />
<span style="font-weight: bold;" class="mycode_b">6. Oath of Office:<br />
(a) Chief justice:</span><br />
The chief justice take oath of his office before the governor.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Other judges:</span><br />
The other judges of high court shall take oath of office before the chief justice of the high court.<br />
<span style="font-weight: bold;" class="mycode_b">7. Term of office:</span><br />
Retiring age for the judge of high court is 62 years.<br />
<span style="font-weight: bold;" class="mycode_b">8. Acting chief justice:</span><br />
In absence of chief justice president may appoint, the senior most judge to act as chief justice.<br />
<span style="font-weight: bold;" class="mycode_b">9. Additional judges:</span><br />
The president may appoint any such person who is qualified to be a judge to be a additional judge for a certain period. if there is need to increase the number of judges of a high court. <br />
<span style="font-weight: bold;" class="mycode_b">10. Seat of the high court:</span><br />
Each high court have its principal seat at the place where it had such seat at the time of its establishment.<br />
<span style="font-weight: bold;" class="mycode_b">11. Salary and facilities:</span><br />
The chief justice and other judges of a high court get fixed remuneration per month. they are also given accommodation, pension and allowances.<br />
<span style="font-weight: bold;" class="mycode_b">12. Restrictions:</span><br />
A judge of high court shall not hold any office of profit in service of Pakistan until the expiration of two years from the date of their retirement. however  they may be appointed in judicial and Quasi-Judicial services. the retired judge from high court can not practice in any court with in the jurisdiction of the principal seat of high court but he can appear before a court which did not fall with in their previous jurisdiction.<br />
<span style="font-weight: bold;" class="mycode_b">13. Removal of Judges:</span><br />
A judge can be removed from his office if he is unable to perform his duties due to physical or mental incapacity or he has been guilty of gross mis-conduct. the president can direct supreme judicial council to inquire into matter. if council finds him incable perform his duties the president may remove the judge from the office. <br />
<span style="font-weight: bold;" class="mycode_b">14. Transfer of judges:</span><br />
The president may transfer a judge from one high court to another high ccourt but no judge shall be transferred except with his consent. <br />
<span style="font-weight: bold;" class="mycode_b">15. Powers and functions of high court:<br />
I. Original jurisdiction:</span><br />
High court has original jurisdiction in certain matters such as the case of contempt of court and writs etc. <br />
<span style="font-weight: bold;" class="mycode_b">(a) Order of Habeaus Corpus:</span><br />
High court can make order directing that a person in custody within territorial jurisdiction of the court be brought before it so that the court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.<br />
<span style="font-weight: bold;" class="mycode_b">(b) Order of mandamus:</span><br />
If the fundamental rights of any person have been effected the court may, on his application, order any person, authority or government which is deemed necessary for the enforcement of any such fundamental rights.<br />
<span style="font-weight: bold;" class="mycode_b">II. Appellate jurisdiction:</span><br />
The high court has appellate jurisdiction to hear appeals against the orders decrees and judgements of the subordinate.<br />
<span style="font-weight: bold;" class="mycode_b">III. Supervisions of subordinate courts:</span><br />
The high court in the province supervises the work of the subordinate courts.<br />
<span style="font-weight: bold;" class="mycode_b">&copy; Order of prohibition:</span><br />
High court can direct a person performing within the territorial jurisdiction of the court, functions in connection with the affairs of the federation, province, or a local authority, to refrain from doing he is not permitted by law.<br />
<span style="font-weight: bold;" class="mycode_b">(d) Order of certiorari:</span><br />
High court can declare any act done by a federal, provincial or local authority functionary has been done without lawful authority and is of no legal effects.<br />
<span style="font-weight: bold;" class="mycode_b">16. Binding effect of the decisions of the high court:</span><br />
The decisions of high court shall be binding effect on the courts subordinate to the high court.<br />
<span style="font-weight: bold;" class="mycode_b">Case Law<br />
1968 Lah. 148</span><br />
Judgment of light court whether reported or unreported would have binding effect.<br />
<span style="font-weight: bold;" class="mycode_b">17. Appeal to the supreme court:</span><br />
Appeals against the decisions of the high court lie before the supreme court.<br />
<span style="font-weight: bold;" class="mycode_b">18. Conclusion:</span><br />
To conclude I can say that; the judicial organisation of a province is headed by a high courts in the province. the high court consists of a chief justice as many other judges as may be fixed by law. every province in Pakistan have a high court of its own. the parliament may by an act extend the jurisdiction of any high court to any area in Pakistan.<br />
<br />
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&nbsp;&nbsp;<a href="attachment.php?aid=3877" target="_blank" title="">High Court.rtf</a> (Size: 6.08 KB / Downloads: 399)
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			<title><![CDATA[Q. Describe the Jurisdiction of supreme court of Pakistan. (2000-S) (2004)]]></title>
			<link>https://vuhelp.net/Thread-Q-Describe-the-Jurisdiction-of-supreme-court-of-Pakistan-2000-S-2004</link>
			<pubDate>Tue, 14 Aug 2012 05:19:01 -0400</pubDate>
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			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Describe the composition of supreme Pakistan. what are the necessary qualifications for the appointment of the judges and chief justice of supreme court of Pakistan. what is the extent of jurisdiction of supreme court of Pakistan? (1995-A)<br />
Q. Discuss different jurisdictions of supreme court of Pakistan. (2003-A)<br />
1. Introduction:</span><br />
The supreme court is the highest court of Pakistan. it is both a constitutional and an ordinary court of law. all decision of supreme court of Pakistan are binding on all the courts in Pakistan. the principal seat of supreme court in Islamabad.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 176 to 191.<br />
<span style="font-weight: bold;" class="mycode_b">3. Composition:</span><br />
The supreme court shall consist of a Chief Justice and so many other Judges as may be determined  by the act of Parliament.<br />
<span style="font-weight: bold;" class="mycode_b">4. Qualification For Judges:</span><br />
A person can be appointed be appointed a judge of Supreme Court if:<br />
(a) He is citizen of Pakistan.<br />
(b) He has been a High Court Judge for at least five years.<br />
&copy; He has been an advocate of High Court for  fifteen years.<br />
<span style="font-weight: bold;" class="mycode_b">5.Oath Of Office:</span><br />
Before entering upon 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.<br />
<span style="font-weight: bold;" class="mycode_b">6. Retiring Age:</span><br />
The age of retirement for the Judge of the Supreme Court of Pakistan is 65 years.<br />
<span style="font-weight: bold;" class="mycode_b">7. Acting Chief Justice:</span><br />
In the absence of Chief Justice the President of Pakistan appoints the senior most judge to act as Chief Justice.<br />
<span style="font-weight: bold;" class="mycode_b">8. Adhoc. Judge: </span><br />
The Chief Justice of Pakistan may request the president of Pakistan to appoint temporarily the number of Judges in the Supreme Court. An adhoc Judge so appointed shall have same power and Jurisdiction as the Supreme Court.<br />
<span style="font-weight: bold;" class="mycode_b">9. Appointment:</span><br />
The Chief Justice shall be appointed by the President while the other Judge shall be appointed by him after consultation with the Chief Justice.<br />
<span style="font-weight: bold;" class="mycode_b">10. Powers and functions of supreme court:<br />
(i) Appellate jurisdiction:</span><br />
The supreme has appellate jurisdiction to hear and determines appeals from judgement, decree, final orders or sentences of a high court.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Original jurisdiction:</span><br />
The original jurisdiction means that the supreme court can be approached with regard to such matters without contacting any other court of law. the supreme court has also original jurisdiction in the enforcement of fundamental rights.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Advisory jurisdiction:</span><br />
If at any time president considers that it is desirable to obtain the opinion of the supreme court on any questions of law of public importance he may refer the question to the supreme court. the supreme court shall consider such a question and reports its opinion to the president who may or may not accept it.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Revision power:</span><br />
The supreme court has power to review any judgement of any order made by it.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Protection of the fundamental rights:</span><br />
The supreme court protects the fundamental rights of the citizen.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) To issue direction:</span><br />
According to Article 187 the supreme court has power to issue such direction as may be necessary for doing complete justice in any case or matter pending before it. <br />
<span style="font-weight: bold;" class="mycode_b">(vii) Interpretation of the constitution:</span><br />
The supreme court is empowered to interpret the constitution of the Islamic republic of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Rules and regulations:</span><br />
The supreme makes rules regulating for its practice and procedure.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Guardian of the constitution:</span><br />
The supreme court is the guardian of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Sou Motu jurisdiction:</span><br />
The supreme court has suo motu jurisdiction.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Transfer of cases:</span><br />
Supreme court can transfer any case appeal or other proceeding pending before any high court to an other high court.<br />
<span style="font-weight: bold;" class="mycode_b">11. Binding effect of decisions of supreme court:</span><br />
The decisions of supreme court of Pakistan have binding effect on the subordinate courts.<br />
<span style="font-weight: bold;" class="mycode_b">12. Conclusion:</span><br />
To conclude I can say that; the supreme court is the highest court in Pakistan. It consist of chief justice and other judges who are appointed by the president of Pakistan.<br />
<br />
<img src="https://vuhelp.net/images/attachtypes/unknown.png" title="Unknown" border="0" alt=".rtf" />
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]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Describe the composition of supreme Pakistan. what are the necessary qualifications for the appointment of the judges and chief justice of supreme court of Pakistan. what is the extent of jurisdiction of supreme court of Pakistan? (1995-A)<br />
Q. Discuss different jurisdictions of supreme court of Pakistan. (2003-A)<br />
1. Introduction:</span><br />
The supreme court is the highest court of Pakistan. it is both a constitutional and an ordinary court of law. all decision of supreme court of Pakistan are binding on all the courts in Pakistan. the principal seat of supreme court in Islamabad.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 176 to 191.<br />
<span style="font-weight: bold;" class="mycode_b">3. Composition:</span><br />
The supreme court shall consist of a Chief Justice and so many other Judges as may be determined  by the act of Parliament.<br />
<span style="font-weight: bold;" class="mycode_b">4. Qualification For Judges:</span><br />
A person can be appointed be appointed a judge of Supreme Court if:<br />
(a) He is citizen of Pakistan.<br />
(b) He has been a High Court Judge for at least five years.<br />
&copy; He has been an advocate of High Court for  fifteen years.<br />
<span style="font-weight: bold;" class="mycode_b">5.Oath Of Office:</span><br />
Before entering upon 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.<br />
<span style="font-weight: bold;" class="mycode_b">6. Retiring Age:</span><br />
The age of retirement for the Judge of the Supreme Court of Pakistan is 65 years.<br />
<span style="font-weight: bold;" class="mycode_b">7. Acting Chief Justice:</span><br />
In the absence of Chief Justice the President of Pakistan appoints the senior most judge to act as Chief Justice.<br />
<span style="font-weight: bold;" class="mycode_b">8. Adhoc. Judge: </span><br />
The Chief Justice of Pakistan may request the president of Pakistan to appoint temporarily the number of Judges in the Supreme Court. An adhoc Judge so appointed shall have same power and Jurisdiction as the Supreme Court.<br />
<span style="font-weight: bold;" class="mycode_b">9. Appointment:</span><br />
The Chief Justice shall be appointed by the President while the other Judge shall be appointed by him after consultation with the Chief Justice.<br />
<span style="font-weight: bold;" class="mycode_b">10. Powers and functions of supreme court:<br />
(i) Appellate jurisdiction:</span><br />
The supreme has appellate jurisdiction to hear and determines appeals from judgement, decree, final orders or sentences of a high court.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Original jurisdiction:</span><br />
The original jurisdiction means that the supreme court can be approached with regard to such matters without contacting any other court of law. the supreme court has also original jurisdiction in the enforcement of fundamental rights.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Advisory jurisdiction:</span><br />
If at any time president considers that it is desirable to obtain the opinion of the supreme court on any questions of law of public importance he may refer the question to the supreme court. the supreme court shall consider such a question and reports its opinion to the president who may or may not accept it.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Revision power:</span><br />
The supreme court has power to review any judgement of any order made by it.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Protection of the fundamental rights:</span><br />
The supreme court protects the fundamental rights of the citizen.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) To issue direction:</span><br />
According to Article 187 the supreme court has power to issue such direction as may be necessary for doing complete justice in any case or matter pending before it. <br />
<span style="font-weight: bold;" class="mycode_b">(vii) Interpretation of the constitution:</span><br />
The supreme court is empowered to interpret the constitution of the Islamic republic of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(viii) Rules and regulations:</span><br />
The supreme makes rules regulating for its practice and procedure.<br />
<span style="font-weight: bold;" class="mycode_b">(ix) Guardian of the constitution:</span><br />
The supreme court is the guardian of the constitution.<br />
<span style="font-weight: bold;" class="mycode_b">(x) Sou Motu jurisdiction:</span><br />
The supreme court has suo motu jurisdiction.<br />
<span style="font-weight: bold;" class="mycode_b">(xi) Transfer of cases:</span><br />
Supreme court can transfer any case appeal or other proceeding pending before any high court to an other high court.<br />
<span style="font-weight: bold;" class="mycode_b">11. Binding effect of decisions of supreme court:</span><br />
The decisions of supreme court of Pakistan have binding effect on the subordinate courts.<br />
<span style="font-weight: bold;" class="mycode_b">12. Conclusion:</span><br />
To conclude I can say that; the supreme court is the highest court in Pakistan. It consist of chief justice and other judges who are appointed by the president of Pakistan.<br />
<br />
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			<title><![CDATA[Q. Write comprehensive note on federal Shariat court. (2001-A)]]></title>
			<link>https://vuhelp.net/Thread-Q-Write-comprehensive-note-on-federal-Shariat-court-2001-A</link>
			<pubDate>Mon, 13 Aug 2012 15:20:44 -0400</pubDate>
			<dc:creator><![CDATA[<a href="https://vuhelp.net/member.php?action=profile&uid=3263">vustudents</a>]]></dc:creator>
			<guid isPermaLink="false">https://vuhelp.net/Thread-Q-Write-comprehensive-note-on-federal-Shariat-court-2001-A</guid>
			<description><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the Jurisdiction and powers of federal shariat court. (2002-A) (2004/A)<br />
1. Introduction:</span><br />
Under the presidential order in 1980, a court was constituted which was given constitutional status later on. federal shariat court has jurisdiction to introduce Islamic principles in a statute as contained in the injunctions of Islam. it can give its opinion to the gov't concerned about an existing statute.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 203.<br />
<span style="font-weight: bold;" class="mycode_b">3. Composition:</span><br />
The federal shariat court consists of eight Muslim judges includind the Chief justice. they are appointed by the president of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Object:</span><br />
The object of establishment of federal shariat court is to examine and decide questions of repugnancy of law to Islam as laid down in holy Quran and Sunnah.<br />
<span style="font-weight: bold;" class="mycode_b">4. Qualification</span>:<br />
Out of seven judges, four should be present or former judges of high court. three of the judges are to be expert on Islamic law. such a person shall be appointed as chief justice who has been either or judge of supreme court or is a permanent judge or high court or is qualified to be appointed as a judge of supreme court.<br />
<span style="font-weight: bold;" class="mycode_b">5. Tenure:</span><br />
The chief justice and other judges shall be appointed for a period of three years.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Extension of Period:</span><br />
The president may extend the term of their office.<br />
<span style="font-weight: bold;" class="mycode_b">6. Acting judge:</span><br />
The president may appoint any person to be the judge of shariat court in case of vacant position in the court.<br />
<span style="font-weight: bold;" class="mycode_b">7. Oath taking:</span><br />
The judge shall take oath before the president.<br />
<span style="font-weight: bold;" class="mycode_b">8. Principal seat of the court:</span><br />
The principal seat of the court shall be at Islamabad but court may sit in other cities. <br />
<span style="font-weight: bold;" class="mycode_b">9. Salary and facilities</span>:<br />
The chief justice, in case he is not a judge of the supreme court, shall be entitled to salary, allowances and privileges as admissible to the judge of supreme court. the other judges of federal shariat court shall be entitled to salary and privileges admissible to a high court judge.<br />
<span style="font-weight: bold;" class="mycode_b">10. Jurisdiction power and function of the shariat court:</span><br />
<span style="font-weight: bold;" class="mycode_b">I. Review of laws against Islam:</span><br />
The shariat court is against Quran and Sunnah or not. if court feels any law is against Quran and Sunnah or not. if court feels any law is against the Islam it shall give notice concerned government and give arguments and shall explain to what extent the law is repugnant no Islamic injunctions. the court shall make its decision and president shall take steps to amend the laws.<br />
<span style="font-weight: bold;" class="mycode_b">II. Revision on decisions of subordinate court:</span><br />
The federal shariat court is authorized to review the judgments of criminal  court under any lay relating to the enforcement of Hadood. the federal shariat is competent to suspend the sentence and can release the accused on bail.<br />
<span style="font-weight: bold;" class="mycode_b">III. Appellate jurisdiction:</span><br />
Appeal can be filed in the supreme court against the decision of the federal shariat court with in sixty days. an appeal on behalf of the federation or of a province may be preferred within six months of such decision. for the purpose of Appeal, shariat appellate bench shall be constituted in the supreme court consisting of three Muslims judges of supreme court and two Ulma shall be apppointed for this bench. <br />
<span style="font-weight: bold;" class="mycode_b">IV. Suo-Motu jurisdiction:</span><br />
The federal shariat court is empowered to examine any law under its sue-motu jurisdiction.<br />
<span style="font-weight: bold;" class="mycode_b">V. Miscellaneous powers:</span><br />
The federal shariat can exercise the following powers.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Appearance of Person:</span><br />
It can issue order to any person to appear before the court.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Production of Documents:</span><br />
It can issue order for the production of any document before it.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Framing of rules:</span><br />
The federal shariat court can frame the rules  for the conduct of its own proceeding.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Opinion of an expert:</span><br />
The federal shariat can seek opinion of an expert on Islam law.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Contempt of Court:</span><br />
The federal shariat court can sentence a person on the charge of contempt of the court.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Revise its own judgment:</span><br />
The federal shariat court is empowered to revise its own judgment. <br />
11. Nature of judgment of federal shariat court:<br />
The judgments of the federal shariat court are binding on the high courts and other courts.<br />
<span style="font-weight: bold;" class="mycode_b">12. Appeal to Supreme court:</span><br />
Any party aggrived with decision of court, may prefer an appeal to the supreme court within 60 days of its decision.<br />
<span style="font-weight: bold;" class="mycode_b">13. Conclusion:</span><br />
To conclude I can say that; the federal shariat court consist of eight Muslim judges. they are appointed by the president. the principal seat of the court is at Islamabad. The court has power to declare a law repugnant to Holy Quran and Sunnah. it can punish a person on charge of contempt. it shall have the powers of civil court for purpose of performance of its functions.<br />
<br />
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]]></description>
			<content:encoded><![CDATA[<span style="font-weight: bold;" class="mycode_b">Q. Discuss the Jurisdiction and powers of federal shariat court. (2002-A) (2004/A)<br />
1. Introduction:</span><br />
Under the presidential order in 1980, a court was constituted which was given constitutional status later on. federal shariat court has jurisdiction to introduce Islamic principles in a statute as contained in the injunctions of Islam. it can give its opinion to the gov't concerned about an existing statute.<br />
<span style="font-weight: bold;" class="mycode_b">2. Relevant Provisions:</span><br />
Article 203.<br />
<span style="font-weight: bold;" class="mycode_b">3. Composition:</span><br />
The federal shariat court consists of eight Muslim judges includind the Chief justice. they are appointed by the president of Pakistan.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Object:</span><br />
The object of establishment of federal shariat court is to examine and decide questions of repugnancy of law to Islam as laid down in holy Quran and Sunnah.<br />
<span style="font-weight: bold;" class="mycode_b">4. Qualification</span>:<br />
Out of seven judges, four should be present or former judges of high court. three of the judges are to be expert on Islamic law. such a person shall be appointed as chief justice who has been either or judge of supreme court or is a permanent judge or high court or is qualified to be appointed as a judge of supreme court.<br />
<span style="font-weight: bold;" class="mycode_b">5. Tenure:</span><br />
The chief justice and other judges shall be appointed for a period of three years.<br />
<span style="font-weight: bold;" class="mycode_b">(a) Extension of Period:</span><br />
The president may extend the term of their office.<br />
<span style="font-weight: bold;" class="mycode_b">6. Acting judge:</span><br />
The president may appoint any person to be the judge of shariat court in case of vacant position in the court.<br />
<span style="font-weight: bold;" class="mycode_b">7. Oath taking:</span><br />
The judge shall take oath before the president.<br />
<span style="font-weight: bold;" class="mycode_b">8. Principal seat of the court:</span><br />
The principal seat of the court shall be at Islamabad but court may sit in other cities. <br />
<span style="font-weight: bold;" class="mycode_b">9. Salary and facilities</span>:<br />
The chief justice, in case he is not a judge of the supreme court, shall be entitled to salary, allowances and privileges as admissible to the judge of supreme court. the other judges of federal shariat court shall be entitled to salary and privileges admissible to a high court judge.<br />
<span style="font-weight: bold;" class="mycode_b">10. Jurisdiction power and function of the shariat court:</span><br />
<span style="font-weight: bold;" class="mycode_b">I. Review of laws against Islam:</span><br />
The shariat court is against Quran and Sunnah or not. if court feels any law is against Quran and Sunnah or not. if court feels any law is against the Islam it shall give notice concerned government and give arguments and shall explain to what extent the law is repugnant no Islamic injunctions. the court shall make its decision and president shall take steps to amend the laws.<br />
<span style="font-weight: bold;" class="mycode_b">II. Revision on decisions of subordinate court:</span><br />
The federal shariat court is authorized to review the judgments of criminal  court under any lay relating to the enforcement of Hadood. the federal shariat is competent to suspend the sentence and can release the accused on bail.<br />
<span style="font-weight: bold;" class="mycode_b">III. Appellate jurisdiction:</span><br />
Appeal can be filed in the supreme court against the decision of the federal shariat court with in sixty days. an appeal on behalf of the federation or of a province may be preferred within six months of such decision. for the purpose of Appeal, shariat appellate bench shall be constituted in the supreme court consisting of three Muslims judges of supreme court and two Ulma shall be apppointed for this bench. <br />
<span style="font-weight: bold;" class="mycode_b">IV. Suo-Motu jurisdiction:</span><br />
The federal shariat court is empowered to examine any law under its sue-motu jurisdiction.<br />
<span style="font-weight: bold;" class="mycode_b">V. Miscellaneous powers:</span><br />
The federal shariat can exercise the following powers.<br />
<span style="font-weight: bold;" class="mycode_b">(i) Appearance of Person:</span><br />
It can issue order to any person to appear before the court.<br />
<span style="font-weight: bold;" class="mycode_b">(ii) Production of Documents:</span><br />
It can issue order for the production of any document before it.<br />
<span style="font-weight: bold;" class="mycode_b">(iii) Framing of rules:</span><br />
The federal shariat court can frame the rules  for the conduct of its own proceeding.<br />
<span style="font-weight: bold;" class="mycode_b">(iv) Opinion of an expert:</span><br />
The federal shariat can seek opinion of an expert on Islam law.<br />
<span style="font-weight: bold;" class="mycode_b">(v) Contempt of Court:</span><br />
The federal shariat court can sentence a person on the charge of contempt of the court.<br />
<span style="font-weight: bold;" class="mycode_b">(vi) Revise its own judgment:</span><br />
The federal shariat court is empowered to revise its own judgment. <br />
11. Nature of judgment of federal shariat court:<br />
The judgments of the federal shariat court are binding on the high courts and other courts.<br />
<span style="font-weight: bold;" class="mycode_b">12. Appeal to Supreme court:</span><br />
Any party aggrived with decision of court, may prefer an appeal to the supreme court within 60 days of its decision.<br />
<span style="font-weight: bold;" class="mycode_b">13. Conclusion:</span><br />
To conclude I can say that; the federal shariat court consist of eight Muslim judges. they are appointed by the president. the principal seat of the court is at Islamabad. The court has power to declare a law repugnant to Holy Quran and Sunnah. it can punish a person on charge of contempt. it shall have the powers of civil court for purpose of performance of its functions.<br />
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