Constitutional Law CSS Paper 1986

FEDERAL PUBLIC SERVICE COMMISSION
COMPETITIVE EXAMINATION FOR
RECRUITMENT TO POSTS IN BPS-17 UNDER
THE FEDERAL GOVERNMENT, 1986
Constitutional Law

TIME ALLOWED: 3 HOURS MAXIMUM MARKS: 100

Note: Answer any FIVE questions. All questions carry equal marks.

1. “President shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so'”:
   (i) State and Discuss the discretionary powers conferred upon the president vide the Revival of the Constitution of 1973 0rder (P.0
   14 of 1985) read with the Constitution (Eighth Amendment) Act, 1985 (XVIll of 1985)
   (ii) Do such discretionary powers with respect to the President or a Governor find mention, and if so to what extent, in the
   Government of India Act 1935, Constitution of the Islamic Republic of Pakistan, 1956 and the Constitution of India?
   (iii) What is the purpose of conferring the said discretionary powers on the President?

2. “On the whole the development of parties seems to bound up with that of democracy that is to say that the extension of popular suffrage and parliamentary prerogatives”, observed Maurice Demerger.
   (i) Elaborate and discuss the above statement.
   (ii) Describe and explain, what constitutional and statutory provisions exist to regulate the conduct of the political parties and their
   formation in Pakistan.

3. (i) What do you understand by the expression: “Address of the President”?
   (ii) On what occasions does the President address the two Houses assembled together under the provisions of the Constitution of the
   Islamic Republic of Pakistan, 1973?
   (ii) How many times so far the President has addressed the two Houses assembled together?
   (iv) What is difference between “joint sitting and the two Houses assembled together to listen to such an address?

4. Discuss the doctrine of “due process of law with reference to the Constitution of USA and how far the same is applicable under the
   Constitution of Islamic Republic of Pakistan and the Indian Constitution.

5. What do you understand by writs in the nature of Habeas Corpus, mandamus, prohibition, quo-warranto and certiorari and under what provisions of the Constitution of the Islamic Republic of Pakistan, 1973 the same are available, also make mention of the corresponding provisions of the Constitution of the Islamic Republic of Pakistan 1956, 1962 and the Constitution of India?

6. Discuss the statement that the Constitutional History of Pakistan is reflected from the following judgements of the Supreme Court and bring out the main issues discussed therein:-
   (i) Federation of Pakistan and other v. Maulvi Tamizuddin Khan (PLD 1955, FC 240)
   (ii) Reference by His Excellency the Governor General (Special Reference No.1) (PLD 1955, FC 435) (Advisory Jurisdiction)
   (iii) State v. Dosso (PLD 1958, SC (Pak), 533)
   (iv) Asma Jilani v. Government of Punjab (PLD 1972 SC 13)
   (v) Statev. Zia-ur-Rehman (PLD 1973, SC 49)
   (vi) Begum Nusrat Bhutto v. Chief of Army Staff (PLD 1977, SC 642)

7. Write a note on the salient features of either the Constitution of U.S.A or that of France.

8. Discuss the doctrine of necessity and its extent of application, with reference to the constitutional crisis in Pakistan, also state when it was used for the first time in Pakistan and under what circumstances.