Q1.

Characteristics of pakistan constitution:

1. Islamic State (Theocratic State):

The Constitution declares Pakistan an Islamic Republic, with Islam as the

state religion. All laws must conform to Islamic principles as outlined in the
Quran and Sunnah.

2. Rigid (Semi-Flexible):

The Constitution of Pakistan is rigid, meaning amendments require a two-

thirds majority in Parliament, but certain aspects show semi-flexibility in
practical application.

3. Federal Form:

Pakistan follows a federal structure, dividing powers between the central

government and provincial governments. Provinces have autonomy within
their jurisdiction.

4. Bicameral Legislature:

The Parliament consists of two houses: the National Assembly (lower house)
and the Senate (upper house).

5. Fundamental Rights:

The Constitution guarantees fundamental rights, such as equality, freedom

of speech, religion, and protection from discrimination.
 6. Parliamentary Form:

Pakistan has a parliamentary system where the Prime Minister is the head of
government, and the President is the ceremonial head of state.

7. Independence of Judiciary:

The judiciary operates independently of the executive and legislature to

ensure justice and uphold constitutional provisions.

8. National Language (Urdu), Official Language (English):

Urdu is the national language, while English is used as the official language
for government and legal proceedings.

9. Rule of Law:

The Constitution emphasizes equality before the law and the supremacy of
the Constitution itself.

10. Direct Method of Elections:

Members of the National Assembly are elected directly by citizens through a

voting system.

11. Principles of Policy:

Guidelines for the state include promoting social justice, eliminating

exploitation, and fostering Islamic values.
 12. Single Citizenship:

Pakistani citizens are granted single citizenship, meaning they are citizens of
the entire country, not of a specific province.

13. High Treason:

Any act against the Constitution or the sovereignty of Pakistan is considered

high treason and is punishable under the law.

14. Referendum:

The Constitution allows the President to hold a referendum on important

national issues for public opinion.

Q2. Parliment of pakistan

The Parliament of Pakistan is the supreme legislative body of the country. It

operates under a bicameral system, consisting of two houses:

1. National Assembly (Lower House)

Composition: Members are directly elected by the people through general

elections.

Representation: Represents the population; seats are distributed based on

the population of each province, federally administered areas, and reserved
seats for women and minorities.
Term: Five years.

Functions:

Drafting and passing laws.

Approving the federal budget.

Electing the Prime Minister.

Ensuring accountability of the government through questions and debates.

2. Senate (Upper House)

Composition: Members are indirectly elected by the provincial assemblies

and include equal representation from all provinces, regardless of population
size.

Representation: Ensures equal representation of provinces to maintain

balance in federal matters.

Term: Members serve a six-year term, with half of the seats up for re-election
every three years.

Functions:
Reviewing and passing laws.

Representing provincial interests at the federal level.

Acting as a check on the National Assembly.

Characteristics of the Parliament:

Bicameral Structure: National Assembly (population-based) and Senate

(province-based).

Legislative Powers: Can make, amend, and repeal laws for the entire country.

Constitutional Role: Can amend the Constitution with a two-thirds majority.

Accountability: Ensures transparency and accountability of the government.

Representation: Represents the will of the people and the provinces.

The Parliament operates under the framework of the 1973 Constitution and
plays a pivotal role in upholding democracy, governance, and the rule of law
in Pakistan.

Q3. President of pakistan

President of Pakistan
The President of Pakistan is the ceremonial head of state and represents the
unity of the nation. While the position is largely symbolic, the President holds
certain constitutional and discretionary powers.

Election of the President

1. Eligibility Criteria:

Must be a citizen of Pakistan.

At least 45 years old.

Qualified to be a member of the National Assembly.

Cannot hold any office of profit in the government or any public institution.

2. Electoral Process:

The President is elected by an Electoral College, which consists of:

Members of the National Assembly.

Members of the Senate.

Members of the Provincial Assemblies.

The election is conducted through a secret ballot.

3. Term:

The President serves a 5-year term and can be re-elected for multiple terms.

Powers and Functions of the President

1. Ceremonial Role:

Represents the state at national and international levels.

Performs duties as the symbolic head of state.

 2. Executive Powers:

Appoints the Prime Minister (usually the leader of the majority party in the
National Assembly).

Appoints provincial governors, Chief Election Commissioner, and judges of

the higher judiciary on the advice of the Prime Minister.

3. Legislative Role:

Summons and prorogues sessions of Parliament.

Can dissolve the National Assembly on the advice of the Prime Minister (in
specific circumstances).

Signs bills into law or sends them back to Parliament for reconsideration.

4. Discretionary Powers:

Can act independently in certain situations, especially during constitutional

crises or when there is no Prime Minister.

5. Emergency Powers:
Can declare a state of emergency in case of war, internal disturbance, or
economic instability (subject to parliamentary approval).

6. Judicial Role:

Grants pardons, reprieves, and commutations of sentences.

Removal of the President

The President can be impeached by a two-thirds majority of the Parliament

for violating the Constitution or misconduct.

Significance of the President

The President of Pakistan symbolizes the unity and sovereignty of the nation.

While the Prime Minister wields most executive powers, the President serves
as a constitutional safeguard and plays a crucial role during times of political
instability

Q4 federal judiciary of pakistan

Federal Judiciary of Pakistan

The Federal Judiciary is the branch of government responsible for

interpreting and upholding the Constitution and ensuring justice in
accordance with the law. It operates independently from the executive and
legislative branches to maintain the rule of law and constitutional supremacy.
The judiciary consists of various tiers, including the Supreme Court, Federal
Shariat Court, and High Courts.
Key Components of the Federal Judiciary

1. Supreme Court of Pakistan

Role:

The apex court in Pakistan with ultimate authority on constitutional, civil, and
criminal matters.

Has the power of judicial review to determine the constitutionality of laws

and executive actions.

Jurisdiction:

Original Jurisdiction: Handles disputes between federal and provincial

governments.

Appellate Jurisdiction: Hears appeals against decisions of lower courts.

Advisory Jurisdiction: Provides opinions on legal questions referred by the

President.
 2. Federal Shariat Court

Established: Under the 1980 constitutional amendment.

Purpose: To ensure that laws in Pakistan conform to the principles of Islam as

laid down in the Quran and Sunnah.

Composition:

Consists of 8 judges, including a Chief Justice.

At least 3 judges must be Islamic scholars (ulema) well-versed in Islamic law.

Jurisdiction:

Examines laws to determine if they are repugnant to Islamic injunctions.

Can hear appeals in Hudood cases (Islamic criminal laws).

Powers:

Declares laws void if found un-Islamic.

Decisions are binding, though appeals can be made to the Supreme Court’s
Shariat Appellate Bench.

3. High Courts

Structure:

There are five High Courts in Pakistan, one for each province and one for the
Islamabad Capital Territory:

Lahore High Court (Punjab).

Sindh High Court (Sindh).

Peshawar High Court (Khyber Pakhtunkhwa).

Balochistan High Court (Balochistan).

Islamabad High Court (Islamabad Capital Territory).

Jurisdiction:
Original Jurisdiction: Handles writ petitions for enforcement of fundamental
rights and other matters.

Appellate Jurisdiction: Hears appeals from lower courts in civil and criminal
cases.

Supervisory Jurisdiction: Supervises and controls subordinate courts within

the respective territory.

Composition:

Consists of a Chief Justice and other judges appointed by the President on

the recommendation of the Judicial Commission and Parliamentary
Committee.

Independence of the Federal Judiciary

The federal judiciary operates independently, with protections in place for

judges to prevent interference from other branches of government. It plays a
critical role in maintaining the rule of law, safeguarding fundamental rights,
and ensuring the separation of powers as outlined in the 1973 Constitution.

Q5. 26th amendment

The 26th Constitutional Amendment to the Constitution of Pakistan, enacted
on October 21, 2024, introduced significant changes to the country’s judicial
and parliamentary structures. Key provisions of the amendment include:

1. Appointment of the Chief Justice of Pakistan (CJP):

Previously, the most senior judge of the Supreme Court automatically

became the Chief Justice upon the incumbent’s retirement.

The amendment established a Special Parliamentary Committee responsible

for selecting the CJP from among the three most senior Supreme Court
judges.

The CJP’s term is now fixed at three years.

2. Reconstitution of the Judicial Commission of Pakistan (JCP):

The amendment altered the composition and powers of the JCP, which is
responsible for nominating judges to the Supreme Court and High Courts.

It granted the JCP authority to review the performance of judges in the

Federal Shariat Court and High Courts.

3. Establishment of a Constitutional Bench:

A separate constitutional bench within the Supreme Court was created to
handle constitutional matters, aiming to streamline judicial processes.

4. Limitation on Suo Motu Powers:

The amendment restricted the Supreme Court’s and High Courts’ ability to
initiate cases on their own (suo motu actions).

Such powers are now vested in a judicial committee under the Practice and
Procedure Act.

5. Parliamentary Oversight and Executive Recommendations:

The amendment increased parliamentary oversight over judicial

appointments and decisions.

It limited the judiciary’s ability to question recommendations made by the

cabinet to the President or Prime Minister.

6. Environmental Rights:
Introduced Article 9A, declaring that every person is entitled to a clean,
healthy, and sustainable environment as a fundamental right.

7. Abolition of Riba (Usury):

Mandated the elimination of riba (usury) by January 1, 2028, aligning

financial practices with Islamic principles.

8. Procedures for Chief Election Commissioner:

Specified that the Chief Election Commissioner remains in office until a

successor’s appointment is officially notified.

9. Provincial Advocate Generals’ Participation:

Allowed provincial advocate generals and counsel to participate in legal

discussions within their respective provincial assemblies.

10. In-Camera Parliamentary Committee Meetings:

Stipulated that meetings of the Special Parliamentary Committee responsible
for nominating the CJP are to be held in-camera (closed to the public).

The amendment has been met with mixed reactions. Supporters argue that it
reinforces parliamentary supremacy and addresses concerns of judicial
overreach. Critics, including international bodies like the International
Commission of Jurists (ICJ) and the United Nations Human Rights Chief,
express concerns that it undermines judicial independence and could
politicize the judiciary.

Q6. Supereme court of pakistan

The Supreme Court of Pakistan is the highest judicial authority and the final
court of appeal in the country. It is the guardian and interpreter of the
Constitution, ensuring justice and upholding the rule of law.

Key Features

1. Composition:

The Supreme Court is headed by the Chief Justice of Pakistan (CJP).

It includes other judges appointed by the President on the recommendation

of the Judicial Commission of Pakistan.
 2. Jurisdiction:

Original Jurisdiction: Handles disputes between federal and provincial

governments or among provinces.

Appellate Jurisdiction: Hears appeals against decisions from lower courts

(High Courts, Federal Shariat Court).

Advisory Jurisdiction: Provides opinions on constitutional matters referred by

the President.

Suo Motu Jurisdiction: Takes notice of issues of public importance on its own
initiative.

3. Functions:

Interprets and enforces the Constitution.

Protects fundamental rights.

Reviews and invalidates laws or executive actions that violate the

Constitution.
 4. Significance:

The Supreme Court ensures checks and balances within the state by acting
as the final arbiter in legal and constitutional matters.

Judicial Independence in Pakistan

Definition:

Judicial independence refers to the judiciary’s ability to function without

undue influence or interference from the executive, legislature, or any other
external entity. It is a cornerstone of democracy and ensures fair and
impartial administration of justice.

Key Features of Judicial Independence in Pakistan:

1. Constitutional Guarantee:

The 1973 Constitution ensures the judiciary’s independence through various

provisions, such as Article 175, which separates the judiciary from the
executive.
 2. Appointment and Tenure of Judges:

Judges of the Supreme Court and High Courts are appointed by the President
on the recommendation of the Judicial Commission of Pakistan, ensuring a
transparent and merit-based process.

Judges enjoy security of tenure and cannot be removed except through a

rigorous process of impeachment by the Supreme Judicial Council (Article
209).

3. Financial Autonomy:

The judiciary has its own budget, ensuring freedom from financial
dependence on the executive.

4. Separation of Powers:

The Constitution explicitly separates the judiciary from the executive and
legislature to maintain impartiality.

5. Power of Judicial Review:

The judiciary has the authority to review laws and executive actions to
ensure they comply with the Constitution.

6. Protection of Fundamental Rights:

The judiciary acts as the guardian of fundamental rights, providing remedies

for violations through writ petitions.

7. Contempt of Court:

The judiciary can penalize individuals or institutions for contempt to

safeguard its authority and dignity.

Challenges to Judicial Independence:

Political interference in judicial appointments or decisions.

Allegations of judicial overreach or bias in high-profile cases.

Lack of implementation of judicial decisions by the executive branch.

Significance of Judicial Independence:

Maintains the rule of law.

Ensures accountability of other branches of government.

Protects the rights and freedoms of citizens.

The Supreme Court plays a central role in ensuring judicial independence by

interpreting and enforcing the constitutional framework designed to protect
the judiciary from external pressures.

Q7. Characteristics of indian constitution

Characteristics of the Indian Constitution

The Constitution of India is the supreme law of the country, setting out the
framework for political principles, procedures, and powers of government
institutions. It is a detailed and comprehensive document, designed to
govern the largest democracy in the world.

1. Division of Power Between Union and States

The Indian Constitution establishes a federal system of government, with

power divided between the Union (Central) Government and the State
Governments.
The Union List, State List, and Concurrent List define the areas in which the
Union and State governments can make laws.

The Union Government has overriding powers in case of conflicts on matters

in the Concurrent List.

2. 97 Subjects Under the Union Government

There are 97 subjects in the Union List on which only the Union (Central)
Government has the authority to legislate.

These include matters of national importance like defense, foreign affairs,

and banking.

3. Written Constitution

The Indian Constitution is a written document that systematically outlines

the structure of the government, its powers, and the rights of citizens.

It is the longest written constitution in the world.

4. Rigid Constitution

The Constitution of India is a rigid document in the sense that it can only be
amended by following a detailed process.
Amendments require approval from both Houses of Parliament and, in some
cases, the State Legislatures. However, the Union Parliament can amend
certain provisions without needing approval from the states.

5. Independence of Judiciary

The Constitution ensures the independence of the judiciary by establishing a

separate judiciary that is free from interference by the executive and
legislature.

The Supreme Court of India is the highest judicial authority and can review
laws passed by the legislature to ensure they are constitutional.

6. Dual Representation

India follows a system of dual representation, meaning citizens are

represented at both the central (Union) and state levels.

The Union Parliament represents the country as a whole, while the State
Legislatures represent individual states.

7. Bicameral Legislature

The Indian Parliament is bicameral, consisting of two Houses:

Lok Sabha (House of the People): The lower house, directly elected by the
people.

Rajya Sabha (Council of States): The upper house, representing the states
and union territories.

8. Single Citizenship

India has single citizenship, meaning all citizens of India are considered to be
citizens of the country as a whole, regardless of the state in which they
reside.

There is no concept of dual citizenship within India.

9. Power of Formation of New States

The Constitution gives the Union Government the power to form new states
or alter the boundaries of existing ones.

This power is exercised by Parliament based on the recommendation of the

President of India, who may refer such matters to the states involved for
their opinions.

10. Strong Union of States

The Indian Constitution provides for a strong Union of States.

Q8 secular state and secularism in India

Features of a Secular State

A secular state is one that does not favor any religion and ensures that
religion does not influence the state’s policies or governance. The concept of
secularism is essential in maintaining equality, peace, and harmony in a
pluralistic society. The features of a secular state include:

1. Equality of All Religions:

The state does not endorse any religion, and all religions are treated equally.
No individual or group is privileged or discriminated against based on their
religion.

2. Freedom of Religion:

The state guarantees the right to follow, profess, and propagate any religion.
It also protects the freedom not to follow any religion.

3. No State Religion:
A secular state does not establish an official religion. All religions are given
equal recognition in matters of governance, and the state remains neutral in
religious affairs.

4. Separation of Religion and Government:

There is a clear demarcation between the functions of religion and state. The
government does not interfere in religious matters, and religious institutions
do not influence government decisions or policies.

5. Religious Tolerance:

A secular state fosters a culture of religious tolerance and harmony,

encouraging peaceful coexistence among people of different faiths.

Secularism in India

India is a secular state as outlined in its Constitution, where secularism is a

fundamental principle guiding the nation’s governance and societal
structure.
Key Aspects of Secularism in India:

1. Equality Before the Law (Article 14):

The Indian Constitution guarantees equality before the law for all its citizens,
irrespective of their religion, caste, or creed. No person is discriminated
against based on religious beliefs.

2. Freedom of Religion (Article 25-28):

These articles ensure freedom of conscience and free profession, practice,

and propagation of religion. Citizens are free to practice their religion and
express their beliefs publicly, as long as they do not disrupt public order or
infringe upon the rights of others.

Article 25: Every person has the right to practice, profess, and propagate any
religion.

Article 26: Religious denominations can establish and maintain institutions

for religious and charitable purposes.

Article 27: No person can be compelled to pay taxes for the promotion of any
religion.
 3. No State Religion (Article 27):

The Indian state does not have any state religion. This reinforces the concept
of religious neutrality, ensuring that the government remains impartial to all
religions.

4. Prohibition of Religious Discrimination (Article 15):

The state cannot discriminate against any individual based on religion, race,
caste, sex, or place of birth. This provision ensures that people are treated
equally, regardless of their religious background.

5. State Intervention in Religious Affairs:

The Indian government can intervene in religious practices only if they

violate public order, morality, or health. For example, the state can regulate
religious institutions and practices to ensure they do not harm society or its
individuals.

6. Religious Diversity and Pluralism:

India is home to a wide variety of religions, including Hinduism, Islam,

Christianity, Sikhism, Buddhism, and others. Secularism in India allows for
the peaceful coexistence of these diverse religions, promoting an inclusive
society.

7. Secularization of Public Institutions:

Public institutions, such as schools, government offices, and courts, operate

in a secular manner without any religious bias or preference. Religious
teachings are not promoted in public schools, ensuring education is non-
sectarian.

Secularism and its Challenges in India

While India is constitutionally a secular state, the practical implementation of

secularism faces challenges:

Religious Politics: There are instances of political parties using religion to gain
support, which may lead to communal tensions.

Religious Laws: India has separate personal laws for different religious
communities (like Hindu Personal Laws, Muslim Personal Laws, etc.), which
can sometimes challenge the secular fabric of the country.
Religious Discrimination: Despite legal guarantees, religious minorities,
particularly Muslims and Dalits, sometimes face discrimination and social
exclusion.

Q9. Communalism and communalism in india.

Communalism is a belief or ideology that prioritizes the interests of one

religious or ethnic community over the unity of the nation. In India, it leads to
religious tensions, conflicts, and political manipulation based on religious
identity.

Features of Communalism in India

1. Religious Polarization: Communities are divided based on religious

identities, leading to tension.

2. Religious Nationalism: Advocacy for promoting one religion as the

national identity, marginalizing others.

3. Communal Violence: Religious conflicts and riots that cause harm to

different communities.

4. Religious Extremism: Radical ideologies pushing for violence and

exclusion of other groups.
5. Communal Politics: Politicians exploit religious sentiments for electoral
gain.

6. Cultural Segregation: Communities live separately, fostering social

exclusion.

7. Manipulation of History: Distorted historical narratives create animosity.

8. Economic Disparities: Economic inequalities fuel resentment between

communities.

9. Lack of Interfaith Dialogue: Reduced communication between religious

groups increases divisions.

10. Media Role: Media and social media can either inflame or
alleviate tensions.
Impact of Communalism

Tensions and Divisions: Erodes social harmony.

Political Instability: Disrupts governance and development.

Economic Setbacks: Damages property and livelihoods.

Weakens Secularism: Undermines India’s secular principles.

Q10. Powers of lok sabah and rajya sabah

Powers of the Lok Sabha

The Lok Sabha (House of the People) is the lower house of the Parliament of
India. It holds significant legislative, financial, executive, and judicial powers.

1. Legislative Powers:

The Lok Sabha plays a key role in the making of laws on matters listed in the
Union List and the Concurrent List.

Bills can be introduced, debated, and passed by the Lok Sabha before being
sent to the Rajya Sabha (Council of States) and the President for approval.

2. Executive Powers:
The Lok Sabha holds the government accountable by approving or rejecting
policies and actions.

The Prime Minister and Council of Ministers are collectively responsible to the
Lok Sabha, and the government can be dissolved if it loses the confidence of
the majority in the house.

3. Financial Powers:

The Lok Sabha has the exclusive right to introduce money bills (those dealing
with taxes, spending, and loans).

The Rajya Sabha can suggest amendments, but it cannot reject or delay
money bills passed by the Lok Sabha.

4. Constitutional Powers:

The Lok Sabha plays a role in amending the Constitution (through the
approval of proposed amendments).

It can also approve the imposition of the President’s Rule in states under
certain conditions.
 5. Judicial Powers:

The Lok Sabha has the power to impeach the President of India for violating
the Constitution.

It can also remove judges of the Supreme Court or High Courts through the
impeachment process.

Powers of the Rajya Sabha

The Rajya Sabha (Council of States) is the upper house of the Indian
Parliament. While its powers are generally complementary to those of the
Lok Sabha, it has some distinct roles.

1. Legislative Powers:

The Rajya Sabha can propose, debate, and amend bills passed by the Lok
Sabha.

In case of a deadlock between the two houses, a joint session can be called
to resolve the issue.
 2. Financial Powers:

The Rajya Sabha cannot initiate money bills, but it can suggest amendments
and delay their passage by up to 14 days.

It plays a significant role in the allocation of government funds and financial

matters.

3. Electoral Powers:

The Rajya Sabha participates in the election of the President, the Vice
President, and members of the Election Commission.

It also contributes to the electoral college for electing the President of India.

4. Judicial Powers:

The Rajya Sabha can recommend the impeachment of the President of India.

It has a role in the removal of judges from the Supreme Court and High
Courts.
 5. Financial Powers (repeated for emphasis):

Though it cannot initiate money bills, the Rajya Sabha reviews and can
amend them. It also participates in debating and scrutinizing financial
proposals by the government.

Summary

Lok Sabha: Holds greater legislative, executive, and financial powers,

particularly with respect to money bills and the dissolution of the
government.

Rajya Sabha: Primarily acts as a revising body with legislative and financial
powers, and plays a role in constitutional and electoral processes. It is less
powerful than the Lok Sabha, especially in matters of financial legislation.