FEDERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR
RECRUITMENT TO POSTS IN BPS-17 UNDER
THE FEDERAL GOVERNMENT, 1990
Constitutional Law
Maximum Marks: 100 Time Allowed: 3 Hours
Note: Attempt FVE questions, including Question No. 10, which is Compulsory. All questions carry equal marks.
1 Discuss the nature and significance of the following three statements:
(a) The purpose of a constitution is not merely to create, organise and distribute governmental power, but also to assure that governmental power is exercised legitimately
(b) Constitutionalism is the theory and practice of conducting politics in accordance with a constitution.
(c) In many respects, the “rule of law” appears to have been not only confirmed but also extended into new spheres by recent tendencies and events in constitutional history.
2 In American constitutional law, the concept of judicial review has a distinct meaning. It has enormous symbolic and practical influence and has inspired identical developments in many parts of the world. Analyse the impact of this concept on the functioning of the High Courts and the Supreme Court in Pakistan.
3 Compare and contrast the salient features of the 1973 Constitution of the lslamic Republic of Pakistan with the Constitution of the Islamic Republic of Pakistan.
4 Describe the distribution of legislative powers between the federation and the provinces under the 1973 Constitution of the Islamic Republic of Pakistan.
5 Examine the nature of individual rights guaranteed either under the Soviet Constitution or under the Constitution of the People’s Republic of China.
6 Write short notes on any Five of the following:
(a) Evolution of the British commonwealth
(b) Constitutional Position of the Prime Minister of Pakistan
(c) Federal Public Service Commission as a Constitutional Subject in Pakistan
(d) Article 199 of the 1973 Constitution of the Islamic Republic of Pakistan
(e) Administrative Law under the French Constitution
(f) The Concept of “Equal justice under Law” in the United States of America
(g) The right of Privacy under the American Constitution
(h) Supreme Court Judges as Guardians of the Constitution
(i) Domestic Application of International Human Rights Norms
7 Differentiate between any FIVE of the following
(a) Due Process of Law Clause of the American Constitution and the Rule of Law Clause incorporated in Article 4 of the 1973 Pakistan Constitution
(b) Law of the Constitution and Conventions of the Constitution in England
(c) Fundamental Human Rights and Directive principles of State Policy in the 1973 Pakistan Constitution
(d) Equality before law and Equal Protection of Laws
(e) Federal Consolidated Fund and the Public Account under the Pakistan Constitution
(f) Public Interest Litigation and Class Actions
(g) Ratification of Constitution and Adoption of Constitution
8 Your comments are invited on any FOUR of the following observations:
(a) The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed in Pakistan. (Preamble to the 1973 Pakistan Constitution)
(b) The state shall ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, form each according to his ability to each according to his work. (Article 3 of the 1973 Pakistan Constitution)
(c) The opinion rendered by the Supreme Court of Pakistan in the case of Ms Benazir Bhutto versus the Federation of Pakistan (PLD 1988 SC 416) advanced the cause of democracy and constitutional government in Pakistan
(d) The doctrine of the Separation of Powers is adopted in the constitutions to preclude the exercise of arbitrary power
(e) The judges are now placed in a new role; they become responsible for introducing reforms in large sections of people through constitutional interpretations
(f) Scandinavia and the United States of America are commonily looked to as leaders in attempts to promote the equality of men and women and to a great extent, this reputation is comparatively well deserved. (Anna P Schreiber)
(g) As long as Pakistan citizens continue to repose their confidence in the Constitution of Pakistan and as long as the Supreme Court Pakistan continues to be that document’s final arbiter, the Supreme Court will bear a heavy burden in the application of the Constitution to new problems of Pakistan society
9 With a view to the creation of the conditions of stability and well-being, which are necessary for peaceful and friendly and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations, vide Article 55 of the UN. Charter of Human rights, have undertaken to promote:
(a) Higher standards of living, full employment, conditions of economic and social progress and development ul
(b) Solutions of international economic, social, health, and related problems; and international cultural and education cooperation
(c) Universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
To what extent, these principles embodied in Article 55 of the UN Charter of human Rights have been incorporated in the 1973 Constitution of the Islamic Republic of Pakistan?
10 Please record separately, in your answer book, correct answer:
(a) When was the 1973 Constitution of the Islamic Republic of Pakistan adopted? (a) August 14, 1973 (b) April 12, 1973 (c) April 10, 1973
(b) When was the American Constitution adopted? (a) 1789 (b)1787 (c) 1776
(c) Who was functioning as Attorney General for Pakistan in June 1989? (a) Ali Ahmed Fazeel (b) Shareefuddin Pirzada (c) Yahya Bakhtiar
(d) Who was functioning as Deputy Speaker of the National Assembly of Pakistan during the budget session in 1990? (a) Rehana Sarwar (b)’Shahnaz Wazir Ali (c) Ashraf Abbasi (d) Naheed Khan
(e) When was the writ jurisdiction first introduced in Pakistan? (a) 1954 (b) 1956 (c) 1973
(f) Who was appointed as the first Wasfaqi Mohtasib in Pakistan? (a) Mr. Justice Sardar Muhammad lqbal (b) Mr. Justice Shafiur Rehman c) Mr. Justice Aslam Riaz Hussain
(g) When was the Constitution of India enforced? (a) August 15, 1947 (b) January 26, 1950 (c) October 2, 1952
(h) Who was functioning as Chief Election Commissioner when the 1988 elections were held in Pakistan? (a) Mr. Justice Naimuddin (b) Mr. Justice S.A. Nusrat (c) Mr. Justice Abdul Qadir Shaikh (d) Mr. Justice
(i) Who was the Chief justice of Pakistan when the Supreme Court delivered its constitutional opinion in the case of Ms Benazir Bhutto versus the Federation of Pakistan in June 1988? (a) Mr. Justice Muhammad Haleem (b) Mr. Justice Ali Hussain Qazilbash (c) Mr. Justice Muhammad Afzal Zullah
(j) Who was functioning as Chief Justice of the Supreme Court of the United States of America in January 1990? (a) Mr. Justice William Rehnquist (b) Mr. Justice Warren Burger (c) Mr. Justice Felix Frankfurter.