LLB Examination Constitutional Law Syllabus

In legal terms, what is meant by 'abrogation' of a constitution?

The complete annulment or abolition of the entire constitution, rendering it void, as opposed to a mere amendment or temporary suspension.

Distinguish between 'abrogation' and 'suspension/abeyance' of a constitution.

Abrogation is total abolition of the constitution (it ceases to exist), whereas suspension/holding in abeyance temporarily renders it inoperative while leaving it legally in existence to be revived later.

Name the years in which martial law was imposed in Pakistan that affected its constitutions.

1958 (Ayub/Mirza), 1969 (Yahya Khan), and 1977 (Zia-ul-Haq); plus the 1999 takeover by Musharraf which held the 1973 Constitution in abeyance.

In the landmark case validating Pakistan's first martial law through the 'doctrine of necessity,' which case and which Chief Justice are associated with it?

State v. Dosso (1958), in which Chief Justice Muhammad Munir applied Kelsen's theory of revolutionary legality / the doctrine of necessity.

Which 1972 case overruled Dosso and held the 1969 martial law of Yahya Khan to be illegal and a usurpation?

Asma Jilani v. Government of the Punjab (1972).

What does a 'federal' system of government mean as adopted in Pakistan's constitutions?

A system in which powers are divided between a central (federal) government and provincial/regional governments, each deriving authority from the constitution.

In a 'parliamentary' system as adopted in Pakistan (1956 and 1973), where does executive accountability lie?

The executive (Prime Minister and Cabinet) is drawn from and collectively responsible to the legislature (Parliament), and remains in office only so long as it commands its confidence.

Contrast a parliamentary system with a presidential system as seen in Pakistan's 1956 vs 1962 constitutions.

In the parliamentary system (1956) the PM/Cabinet are accountable to the legislature and the President is a ceremonial head; in the presidential system (1962) executive power is vested in a directly/indirectly elected President who is not answerable to the legislature for tenure.

Under the 1973 Constitution's federal parliamentary system, what are the two houses of Parliament (Majlis-e-Shoora)?

The National Assembly (lower house) and the Senate (upper house).

Which house in Pakistan's bicameral Parliament represents the provinces equally and is a permanent body not subject to dissolution?

The Senate.

What is the constitutionally mandated official religion of Pakistan, and which article declares it?

Islam is the State religion of Pakistan, declared in Article 2 of the 1973 Constitution.

Under the Islamic provisions of the 1973 Constitution, what is the fundamental obligation regarding laws and the Holy Quran and Sunnah?

All existing laws must be brought into conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, and no law repugnant to those Injunctions shall be enacted (Article 227).

Which constitutional body advises on whether laws conform to the Injunctions of Islam under the 1973 Constitution?

The Council of Islamic Ideology.

Which court, established under the Islamic provisions, has jurisdiction to examine whether laws are repugnant to the Injunctions of Islam?

The Federal Shariat Court.

Under the Islamic provisions, what qualifications regarding faith are required for the offices of President and Prime Minister of Pakistan?

Both the President and the Prime Minister must be Muslims (Articles 41 and 91).

What is meant by the 'Trichotomy of Powers' (Tarisheek-e-Ikhtiarat) in constitutional law?

The division of state power among three separate organs—the Legislature, the Executive, and the Judiciary—each with distinct functions, i.e., the doctrine of separation of powers.

With which political philosopher is the doctrine of separation of powers (trichotomy of powers) classically associated?

Baron de Montesquieu (in 'The Spirit of the Laws').

What are the three organs of the State recognised under the trichotomy of powers, and what is the basic function of each?

The Legislature (makes laws), the Executive (implements/enforces laws), and the Judiciary (interprets laws and adjudicates disputes).

What companion doctrine to separation of powers prevents any one organ from becoming too powerful by allowing each to limit the others?

The doctrine of 'checks and balances.'

Which article of the 1973 Constitution guarantees that no person shall be deprived of life or liberty save in accordance with law?

Article 9.

State the right guaranteed by Article 9 of the Constitution of Pakistan.

The Security of Person: 'No person shall be deprived of life or liberty save in accordance with law.'

How has the superior judiciary in Pakistan expansively interpreted the word 'life' in Article 9?

As more than mere animal existence—it includes the right to live with human dignity, and encompasses rights such as a clean environment, livelihood, health, and access to basic necessities.

Which fundamental right in the 1973 Constitution protects freedom of speech and expression, and under which article?

Freedom of Speech and Expression, guaranteed by Article 19.

Is the right to freedom of speech under Article 19 absolute? Name two grounds on which reasonable restrictions may be imposed.

No, it is not absolute; reasonable restrictions may be imposed in the interest of, e.g., the glory of Islam, the integrity/security/defence of Pakistan, friendly foreign relations, public order, decency or morality, contempt of court, defamation, or incitement to an offence.

Which article of the 1973 Constitution was inserted to guarantee the 'Right to Information,' closely linked with freedom of expression?

Article 19A (added by the 18th Amendment), guaranteeing the right of access to information in matters of public importance.

Which article guarantees freedom of movement within Pakistan, and what does it protect?

Article 15; it guarantees every citizen the right to remain in, and to enter and move freely throughout, Pakistan and to reside and settle in any part of it, subject to reasonable restrictions in the public interest.

Which article of the Constitution guarantees freedom of assembly, and what condition is attached to it?

Article 16; it guarantees the right to assemble peacefully and without arms, subject to reasonable restrictions imposed by law in the interest of public order.

Which article guarantees freedom of association, and what does it allow citizens to form?

Article 17; it guarantees the right to form associations or unions (and political parties), subject to reasonable restrictions in the interest of sovereignty, integrity, or public order/morality.

Which article of the 1973 Constitution embodies the principle of 'Equality before Law' and equal protection of law?

Article 25, which provides that all citizens are equal before law and are entitled to equal protection of law.

Under Article 25, does 'equality before law' prohibit all classification by the State?

No; it permits 'reasonable classification' that is based on an intelligible differentia having a rational nexus to the object of the law, while prohibiting arbitrary or discriminatory treatment of those similarly situated.