PAPER-1

ADVOCACY & PLEADING SKILLS

Q1; Write a Short Notes On

A; Robotics
Robotics is an interdisciplinary branch of engineering and science that includes mechanical
engineering, electronic engineering, information engineering, computer science, and others.
Robotics deals with the design, construction, operation, and use of robots, as well as computer
systems for their control, sensory feedback, and information processing.
These technologies are used to develop machines that can substitute for humans and replicate
human actions. Robots can be used in many situations and for lots of purposes, but today many
are used in dangerous environments (including bomb detection and deactivation), manufacturing
processes, or where humans cannot survive (e.g. in space, under water, in high heat, and clean up
and containment of hazardous materials and radiation). Robots can take on any form but some
are made to resemble humans in appearance. This is said to help in the acceptance of a robot in
certain replicative behaviors usually performed by people. Such robots attempt to replicate
walking, lifting, speech, cognition, or any other human activity. Many of today's robots are
inspired by nature, contributing to the field of bio-inspired robotics.
The concept of creating machines that can operate autonomously dates back to classical times,
but research into the functionality and potential uses of robots did not grow substantially until the
20th century. Throughout history, it has been frequently assumed by various scholars, inventors,
engineers, and technicians that robots will one day be able to mimic human behavior and manage
tasks in a human-like fashion. Today, robotics is a rapidly growing field, as technological
advances continue; researching, designing, and building new robots serve various practical
purposes, whether domestically, commercially, or militarily. Many robots are built to do jobs
that are hazardous to people, such as defusing bombs, finding survivors in unstable ruins, and
exploring mines and shipwrecks. Robotics is also used in STEM (science, technology,
engineering, and mathematics) as a teaching aid.[1] The advent of nanorobots, microscopic
robots that can be injected into the human body, could revolutionize medicine and human
health.[2]
Robotics is a branch of engineering that involves the conception, design, manufacture, and
operation of robots. This field overlaps with electronics, computer science, artificial intelligence,
mechatronics, nanotechnology and bioengineering.[3]

Etymology The word robotics was derived from the word robot, which
was introduced to the public by Czech writer Karel Čapek in his play R.U.R. (Rossum's
Universal Robots), which was published in 1920.[4] The word robot comes from the Slavic word
robota, which means labour/work. The play begins in a factory that makes artificial people called
robots, creatures who can be mistaken for humans – very similar to the modern ideas of androids.
Karel Čapek himself did not coin the word. He wrote a short letter in reference to an etymology
in the Oxford English Dictionary in which he named his brother Josef Čapek as its actual
originator.[4]

According to the Oxford English Dictionary, the word robotics was first used in print by Isaac
Asimov, in his science fiction short story "Liar!", published in May 1941 in Astounding Science
Fiction. Asimov was unaware that he was coining the term; since the science and technology of
electrical devices is electronics, he assumed robotics already referred to the science and
technology of robots. In some of Asimov's other works, he states that the first use of the word
robotics was in his short story Runaround (Astounding Science Fiction, March 1942),[5][6]
where he introduced his concept of The Three Laws of Robotics. However, the original
publication of "Liar!" predates that of "Runaround" by ten months, so the former is generally
cited as the word's origin.

History; In 1948, Norbert Wiener formulated the principles of cybernetics, the basis of practical
robotics.

Fully autonomous only appeared in the second half of the 20th century. The first digitally
operated and programmable robot, the Unimate, was installed in 1961 to lift hot pieces of metal
from a die casting machine and stack them. Commercial and industrial robots are widespread
today and used to perform jobs more cheaply, more accurately and more reliably, than humans.
They are also employed in some jobs which are too dirty, dangerous, or dull to be suitable for
humans. Robots are widely used in manufacturing, assembly, packing and packaging, mining,
transport, earth and space exploration, surgery, weaponry, laboratory research, safety, and the
mass production of consumer and industrial goods.[7]

Applications

As more and more robots are designed for specific tasks this method of classification becomes
more relevant. For example, many robots are designed for assembly work, which may not be
readily adaptable for other applications. They are termed as "assembly robots". For seam
welding, some suppliers provide complete welding systems with the robot i.e. the welding
equipment along with other material handling facilities like turntables etc. as an integrated unit.
Such an integrated robotic system is called a "welding robot" even though its discrete
manipulator unit could be adapted to a variety of tasks. Some robots are specifically designed for
heavy load manipulation, and are labelled as "heavy duty robots".[21]

Atlas Robot a humanoid robot designed to aid emergency services in search and rescue
operations

Current and potential applications include:

Military robots. Industrial robots. Robots are increasingly used in manufacturing (since the
1960s). According to the Robotic Industries Association US data, in 2016 automotive industry
was the main customer of industrial robots with 52% of total sales.[22] In the auto industry, they
can amount for more than half of the "labor". There are even "lights off" factories such as an
IBM keyboard manufacturing factory in Texas that was fully automated as early as 2003.[23]

Construction robots. Construction robots can be separated into three types: traditional robots,
robotic arm, and robotic exoskeleton.[25]
Agricultural robots (AgRobots).[26] The use of robots in agriculture is closely linked to the
concept of AI-assisted precision agriculture and drone usage.[27] 1996-1998 research also
proved that robots can perform a herding task.[28]

Medical robots of various types (such as da Vinci Surgical System and Hospi).

Kitchen automation. Commercial examples of kitchen automation are Flippy (burgers), Zume
Pizza (pizza), Cafe X (coffee), Makr Shakr (cocktails), Frobot (frozen yogurts) and Sally
(salads).[29] Home examples are Rotimatic (flatbreads baking)[30] and Boris (dishwasher
loading).[31]

Robot combat for sport – hobby or sport event where two or more robots fight in an arena to
disable each other. This has developed from a hobby in the 1990s to several TV series
worldwide.

Cleanup of contaminated areas, such as toxic waste or nuclear facilities.[32]

B, Motherboard

A motherboard (sometimes alternatively known as the mainboard, main circuit board, system
board, baseboard, planar board or logic board,[1] or colloquially, a mobo) is the main printed
circuit board (PCB) found in general purpose computers and other expandable systems. It holds
and allows communication between many of the crucial electronic components of a system, such
as the central processing unit (CPU) and memory, and provides connectors for other peripherals.
Unlike a backplane, a motherboard usually contains significant sub-systems such as the central
processor, the chipset's input/output and memory controllers, interface connectors, and other
components integrated for general purpose use and applications.

Motherboard specifically refers to a PCB with expansion capability and as the name suggests,
this board is often referred to as the "mother" of all components attached to it, which often
include peripherals, interface cards, and daughtercards: sound cards, video cards, network cards,
hard drives, or other forms of persistent storage; TV tuner cards, cards providing extra USB or
FireWire slots and a variety of other custom components.

Similarly, the term mainboard is applied to devices with a single board and no additional
expansions or capability, such as controlling boards in laser printers, televisions, washing
machines, mobile phones and other embedded systems with limited expansion abilities.
History

Prior to the invention of the microprocessor, the digital computer consisted of multiple printed
circuit boards in a card-cage case with components connected by a backplane, a set of
interconnected sockets. In very old designs, copper wires were the discrete connections between
card connector pins, but printed circuit boards soon became the standard practice. The Central
Processing Unit (CPU), memory, and peripherals were housed on individual printed circuit
boards, which were plugged into the backplane. The ubiquitous S-100 bus of the 1970s is an
example of this type of backplane system.

The most popular computers of the 1980s such as the Apple II and IBM PC had published
schematic diagrams and other documentation which permitted rapid reverse-engineering and
third-party replacement motherboards. Usually intended for building new computers compatible
with the exemplars, many motherboards offered additional performance or other features and
were used to upgrade the manufacturer's original equipment.

During the late 1980s and early 1990s, it became economical to move an increasing number of
peripheral functions onto the motherboard. In the late 1980s, personal computer motherboards
began to include single ICs (also called Super I/O chips) capable of supporting a set of low-speed
peripherals: keyboard, mouse, floppy disk drive, serial ports, and parallel ports. By the late
1990s, many personal computer motherboards included consumer-grade embedded audio, video,
storage, and networking functions without the need for any expansion cards at all; higher-end
systems for 3D gaming and computer graphics typically retained only the graphics card as a
separate component. Business PCs, workstations, and servers were more likely to need
expansion cards, either for more robust functions, or for higher speeds; those systems often had
fewer embedded components.

Laptop and notebook computers that were developed in the 1990s integrated the most common
peripherals. This even included motherboards with no upgradeable components, a trend that
would continue as smaller systems were introduced after the turn of the century (like the tablet
computer and the netbook). Memory, processors, network controllers, power source, and storage
would be integrated into some systems.

Design

The Octek Jaguar V motherboard from 1993.[2] This board has few onboard peripherals, as
evidenced by the 6 slots provided for ISA cards and the lack of other built-in external interface
connectors. Note the large AT keyboard connector at the back right is its only peripheral
interface.

The motherboard of a Samsung Galaxy SII; almost all functions of the device are integrated into
a very small board
A motherboard provides the electrical connections by which the other components of the system
communicate. Unlike a backplane, it also contains the central processing unit and hosts other
subsystems and devices.

A typical desktop computer has its microprocessor, main memory, and other essential
components connected to the motherboard. Other components such as external storage,
controllers for video display and sound, and peripheral devices may be attached to the
motherboard as plug-in cards or via cables; in modern microcomputers it is increasingly common
to integrate some of these peripherals into the motherboard itself.

An important component of a motherboard is the microprocessor's supporting chipset, which

provides the supporting interfaces between the CPU and the various buses and external
components. This chipset determines, to an extent, the features and capabilities of the
motherboard.

Modern motherboards include: Sockets (or slots) in which one or more microprocessors
may be installed. In the case of CPUs in ball grid array packages, such as the VIA C3, the CPU
is directly soldered to the motherboard.[3]

Memory Slots into which the system's main memory is to be installed, typically in the form of
DIMM modules containing DRAM chips
A chipset which forms an interface between the CPU's front-side bus, main memory, and
peripheral buses

Non-volatile memory chips (usually Flash ROM in modern motherboards) containing the
system's firmware or BIOS

A clock generator which produces the system clock signal to synchronize the various
components Slots for expansion cards (the interface to the system via the buses
supported by the chipset)

Power connectors, which receive electrical power from the computer power supply and distribute
it to the CPU, chipset, main memory, and expansion cards. As of 2007, some graphics cards (e.g.
GeForce 8 and Radeon R600) require more power than the motherboard can provide, and thus
dedicated connectors have been introduced to attach them directly to the power supply.[4]

Connectors for hard drives, typically SATA only. Disk drives also connect to the power supply.

Additionally, nearly all motherboards include logic and connectors to support commonly used
input devices, such as USB for mouse devices and keyboards. Early personal computers such as
the Apple II or IBM PC included only this minimal peripheral support on the motherboard.
Occasionally video interface hardware was also integrated into the motherboard; for example, on
the Apple II and rarely on IBM-compatible computers such as the IBM PC Jr. Additional
peripherals such as disk controllers and serial ports were provided as expansion cards.
Given the high thermal design power of high-speed computer CPUs and components, modern
motherboards nearly always include heat sinks and mounting points for fans to dissipate excess
heat.

Form factor

Main article: Comparison of computer form factors

Motherboards are produced in a variety of sizes and shape called computer form factor, some of
which are specific to individual computer manufacturers. However, the motherboards used in
IBM-compatible systems are designed to fit various case sizes. As of 2007, most desktop
computer motherboards use the ATX standard form factor — even those found in Macintosh and
Sun computers, which have not been built from commodity components. A case's motherboard
and power supply unit (PSU) form factor must all match, though some smaller form factor
motherboards of the same family will fit larger cases. For example, an ATX case will usually
accommodate a microATX motherboard.computers generally use highly integrated, miniaturized
and customized motherboards. This is one of the reasons that laptop computers are difficult to
upgrade and expensive to repair. Often the failure of one laptop component requires the
replacement of the entire motherboard, which is usually more expensive than a desktop
motherboard

CPU sockets

A CPU socket (central processing unit) or slot is an electrical component that attaches to a
Printed Circuit Board (PCB) and is designed to house a CPU (also called a microprocessor). It is
a special type of integrated circuit socket designed for very high pin counts. A CPU socket
provides many functions, including a physical structure to support the CPU, support for a heat
sink, facilitating replacement (as well as reducing cost), and most importantly, forming an
electrical interface both with the CPU and the PCB. CPU sockets on the motherboard can most
often be found in most desktop and server computers (laptops typically use surface mount
CPUs), particularly those based on the Intel x86 architecture. A CPU socket type and
motherboard chipset must support the CPU series and speed.

Integrated peripherals

Block diagram of a modern motherboard, which supports many on-board peripheral functions as
well as several expansion slots

With the steadily declining costs and size of integrated circuits, it is now possible to include
support for many peripherals on the motherboard. By combining many functions on one PCB,
the physical size and total cost of the system may be reduced; highly integrated motherboards are
thus especially popular in small form factor and budget computers.

Peripheral card slots

A typical motherboard will have a different number of connections depending on its standard and
form factor.
A standard, modern ATX motherboard will typically have two or three PCI-Express 16x
connection for a graphics card, one or two legacy PCI slots for various expansion cards, and one
or two PCI-E 1x (which has superseded PCI). A standard EATX motherboard will have two to
four PCI-E 16x connection for graphics cards, and a varying number of PCI and PCI-E 1x slots.
It can sometimes also have a PCI-E 4x slot (will vary between brands and models).
Some motherboards have two or more PCI-E 16x slots, to allow more than 2 monitors without
special hardware, or use a special graphics technology called SLI (for Nvidia) and Crossfire (for
AMD). These allow 2 to 4 graphics cards to be linked together, to allow better performance in
intensive graphical computing tasks, such as gaming, video editing, etc.

Temperature and reliability

Main article: Computer cooling

Motherboards are generally air cooled with heat sinks often mounted on larger chips, such as the
Northbridge, in modern motherboards.[5] Insufficient or improper cooling can cause damage to
the internal components of the computer, or cause it to crash. Passive cooling, or a single fan
mounted on the power supply, was sufficient for many desktop computer CPU's until the late
1990s; since then, most have required CPU fans mounted on their heat sinks, due to rising clock
speeds and power consumption. Most motherboards have connectors for additional computer
fans and integrated temperature sensors to detect motherboard and CPU temperatures and
controllable fan connectors which the BIOS or operating system can use to regulate fan speed.[6]
Alternatively computers can use a water cooling system instead of many fans.

Some small form factor computers and home theater PCs designed for quiet and energy-efficient
operation boast fan-less designs. This typically requires the use of a low-power CPU, as well as a
careful layout of the motherboard and other components to allow for heat sink placement.

A 2003 study found that some spurious computer crashes and general reliability issues, ranging
from screen image distortions to I/O read/write errors, can be attributed not to software or
peripheral hardware but to aging capacitors on PC motherboards.[7] Ultimately this was shown
to be the result of a faulty electrolyte formulation,[8] an issue termed capacitor plague.

Standard motherboards use electrolytic capacitors to filter the DC power distributed around the
board. These capacitors age at a temperature-dependent rate, as their water based electrolytes
slowly evaporate. This can lead to loss of capacitance and subsequent motherboard malfunctions
due to voltage instabilities. While most capacitors are rated for 2000 hours of operation at 105 °C
(221 °F),[9] their expected design life roughly doubles for every 10 °C (18 °F) below this. At 65
°C (149 °F) a lifetime of 3 to 4 years can be expected. However, many manufacturers deliver
substandard capacitors,[10] which significantly reduce life expectancy. Inadequate case cooling
and elevated temperatures around the CPU socket exacerbate this problem. With top blowers, the
motherboard components can be kept under 95 °C (203 °F), effectively doubling the
motherboard lifetime.

Mid-range and high-end motherboards, on the other hand, use solid capacitors exclusively. For
every 10 °C less, their average lifespan is multiplied approximately by three, resulting in a 6-
times higher lifetime expectancy at 65 °C (149 °F).[11] These capacitors may be rated for 5000,
10000 or 12000 hours of operation at 105 °C (221 °F), extending the projected lifetime in
comparison with standard solid capacitors.

Bootstrapping using the Basic Input/Output System

Motherboards contain some non-volatile memory to initialize the system and load some startup
software, usually an operating system, from some external peripheral device. Microcomputers
such as the Apple II and IBM PC used ROM chips mounted in sockets on the motherboard. At
power-up, the central processor would load its program counter with the address of the boot
ROM and start executing instructions from the ROM. These instructions initialized and tested the
system hardware displayed system information on the screen, performed RAM checks, and then
loaded an initial program from a peripheral device. If none was available, then the computer
would perform tasks from other memory stores or display an error message, depending on the
model and design of the computer and the ROM version. For example, both the Apple II and the
original IBM PC had Microsoft Cassette BASIC in ROM and would start that if no program
could be loaded from disk.

Most modern motherboard designs use a BIOS, stored in an EEPROM chip soldered to or
socketed on the motherboard, to boot an operating system. Non-operating system boot programs
are still supported on modern IBM PC-descended machines, but nowadays it is assumed that the
boot program will be a complex operating system such as Microsoft Windows or Linux. When
power is first supplied to the motherboard, the BIOS firmware tests and configures memory,
circuitry, and peripherals. This Power-On Self Test (POST) may include testing some of the
following things:

Security devices, such as a fingerprint reader or the state of a latching switch to detect intrusion
USB devices, such as a memory storage device

On recent motherboards, the BIOS may also patch the central processor microcode if the BIOS
detects that the installed CPU is one for which errata have been published.

Many motherboards now use an update to BIOS called UEFI.

C, E Mail

Short for electronic mail, email (or e-mail) is defined as the transmission of messages over
communications networks. Typically the messages are notes entered from the keyboard or
electronic files stored on disk. Most mainframes, minicomputers, and computer networks have
an email system.

Some electronic mail systems are confined to a single computer system or network, but others
have gateways to other computer systems, enabling users to send electronic mail anywhere in the
world. Companies that are fully computerized make extensive use of e-mail because it is fast,
flexible, and reliable.

Typical Components of an Email System

Most email systems include a rudimentary text editor for composing messages, but many allow
you to edit your messages using any editor you want. Some systems will also provide basic
formatting, including bold, italics, font color and HTML. You can use the program to send the
message to a recipient by specifying the recipient's address. You can also send the same message
to several users at once. This is called broadcasting.
Sent messages are stored in electronic mailboxes until the recipient fetches them. To see if you
have any mail, you may have to check your electronic mailbox periodically, although many
systems alert you when mail is received. After reading your mail, you can store it in a text file,
forward it to other users, or delete it. Copies of memos can be printed out on a printer if you want
a paper copy.

Email Provided by Online Services and ISPs

email-definitionAll online services and Internet Service Providers (ISPs) offer email, and most
also support gateways so that you can exchange mail with users of other systems. Usually, it
takes only a few seconds or minutes for mail to arrive at its destination. This is a particularly
effective way to communicate with a group because you can broadcast a message or document to
everyone in the group at once.

Although different email systems use different formats, there are some emerging standards that
are making it possible for users on all systems to exchange messages. In the PC world, an
important e-mail standard is MAPI. The CCITT standards organization has developed the X.400
standard, which attempts to provide a universal way of addressing messages.

D, Binary System

Binary (or base-2) a numeric system that only uses two digits — 0 and 1. Computers operate in
binary, meaning they store data and perform calculations using only zeros and ones.
A single binary digit can only represent True (1) or False (0) in boolean logic. However, multiple
binary digits can be used to represent large numbers and perform complex functions. In fact, any
integer can be represented in binary.
Below is a list of several decimal (or "base-10") numbers represented in binary.

Decimal Binary Base-2 Calculation

0 0 n/a

1 1 20

2 10 21

3 11 21 + 20

4 100 22

5 101 22+ 20

One bit contains a single binary value — either a 0 or a 1. A byte contains eight bits, which
means it can have 256 (28) different values. These values may be used to represent different
characters in a text document, the RGB values of a pixel within an image file, or many other
types of data.

Large files may contain several thousand bytes (or several megabytes) of binary data. A large
application may take up thousands of megabytes of data. No matter how big a file or program is,
at its most basic level, it is simply a collection of binary digits that can be read by a computer
processor.

NOTE: The term "binary" may also be used to describe a compiled software program. Once a
program has been compiled, it contains binary data called "machine code" that can be executed
by a computer's CPU. In this case, "binary" is used in contrast to the text-based source code files
that were used to build the application.

So Why Do Computers Use Binary?

The short answer: hardware and the laws of physics. Every number in your computer is an
electrical signal, and in the early days of computing, electrical signals were much harder to
measure and control very precisely. It made more sense to only distinguish between an “on”
state—represented by negative charge—and an “off” state—represented by a positive charge.
For those unsure of why the “off” is represented by a positive charge, it’s because electrons have
a negative charge—more electrons mean more current with a negative charge.

So, the early room-sized computers used binary to build their systems, and even though they
used much older, bulkier hardware, we’ve kept the same fundamental principles. Modern
computers use what’s known as a transistor to perform calculations with binary. Here’s a
diagram of what a field-effect transistor (FET) looks like:

Essentially, it only allows current to flow from the source to the drain if there is a current in the
gate. This forms a binary switch. Manufacturers can build these transistors incredibly small—all
the way down to 5 nanometers, or about the size of two strands of DNA. This is how modern
CPUs operate, and even they can suffer from problems differentiating between on and off states
 (though that’s mostly due to their unreal molecular size, being subject to the weirdness of
quantum mechanics).

But Why Only Base 2?

So you may be thinking, “why only 0 and 1? Couldn’t you just add another digit?” While some
of it comes down to tradition in how computers are built, to add another digit would mean we’d
have to distinguish between different levels of current—not just “off” and “on,” but also states
like “on a little bit” and “on a lot.”
The problem here is if you wanted to use multiple levels of voltage, you’d need a way to easily
perform calculations with them, and the hardware for that isn’t viable as a replacement for binary
computing. It indeed does exist; it’s called a ternary computer, and it’s been around since the
1950s, but that’s pretty much where development on it stopped. Ternary logic is way more
efficient than binary, but as of yet, nobody has an effective replacement for the binary transistor,
or at the very least, no work’s been done on developing them at the same tiny scales as binary.

The reason we can’t use ternary logic comes down to the way transistors are stacked in a
computer—something called “gates”—and how they’re used to perform math. Gates take two
inputs, perform an operation on them, and return one output.

E, Peripherals

Peripherals are the input, output and storage hardware for computers. Touchscreens are both
inputs and outputs. Innovation in peripherals has great benefits for gaming, science and
medicine.

Introducing peripherals

Peripherals are devices that are not the computer's core architecture involved in memory and
processing. Peripherals include input hardware, output hardware and storage devices.

A typical desktop computer could include:

 inputs - mouse, keyboard, webcam, games controller

 outputs - screen, printer, speakers, headphones
 storage - hard drive
Connections

Peripherals connect to the processor hardware through the motherboard. External devices will
connect to the motherboard via USB, FireWire or through a wireless connection such
as Bluetooth.

Monitors normally connect through HDMI or VGA cables.

GPIO ports are generic input and output ports that can be controlled directly by software. They
are used on the circuit boards of computers like the Raspberry Pi and Arduino. They provide
low-level connections that can be connected to switches, LED lights or electric relays. They can
be used in programs to control systems such as a DIY burglar alarm or central heating
system. Smartphones, desktop and laptop computers do not have GPIOs.

It can be easy to create your own basic peripheral using a Raspberry Pi, Arduino or other simple
computing device.

Q2; draft a plaint for restitution of conjugal rights on the behalf of a husband?

Format Of Suit For Restitution Of Conjugal Rights

Marriage confers important rights and corresponding obligations on both husband and wife.
Restitution of conjugal rights is one of the major responsibility imposed under marriage contract.

Thus, where wife without lawful excuse, refuses to live with her husband. The husband is
entitled to file a suit for restitution of conjugal rights. Similarly, the wife has also the right to
demand the fulfillment by the husband of his marital duties.

When Wife Can Deny Conjugal Rights?

In Islamic law, the husband cannot ask for the restitution of conjugal rights, if he has not paid the
dower money. In simple words, until the wife receives her dower from the husband, she may
refuse her husband for a carnal connection.
Trends in case laws shows that whenever a wife files a suits for maintenance under section 2 (ii)
of the dissolution of Muslim marriages Act 1939. The husband counters the suit by filing the suit
for restitution of conjugal rights.
Below is the format of suit for restitution of conjugal right filed by husband.

IN THE COURT OF LEARNED SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT, RAWALPINDI.

In the matter of:

ABC (Husband) son of DEF resident of Kaskoruna, Tehsil & District Peshawar, presently
resident of Block X Rehmatabad, Chaklala Rawalpindi.

…Plaintiff
Versus
GHI (Wife) daughter of JKL resident of Adhwal P.S Chauntra, Tehsil and District Rawalpindi.

…Defendant
SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

Respectfully Sheweth,

1. That the plaintiff was married with the defendant on 27-10-2008 at Rawalpindi according to
the tenets of Islam and Muslim Family Law Ordinance 1961 in lieu of 5 Tolas of gold as
dower which was paid at the eve of Rukhsati.
2. That in fact the defendant got married with the plaintiff with her free will, consent and
without and duress as earlier defendant’s father got engaged the spouses but subsequently
betrayed from his accord and deliberately attempted to give defendant’s hand to an alien and
a man of old age. On that the defendant requested the plaintiff, therefore, the plaintiff
rescued her and got married.
3. That the defendant is a sui juris, adult and more than 19 years of age.
4. That thereafter the defendant’s father became furious and extended threats of dire
consequences and subsequently got registered a false, frivolous and fabricated FIR by
putting wider-net and involved the plaintiff, his real brother and friend’s family just to put
undue influence and pressure upon the plaintiff and his family in P.S. Chauntra bearing FIR
No. 245 dated 28-10-2008 U/s 365-B PPC.
5. That it is important to mention here that the defendant has recorded her statement before the
competent authority / Magistrate Rawalpindi and then got recorded her statement u/s 164
Cr.P.C and thrashed out the root of the criminal case.
 6. That thereafter the parents of the defendant agreed with the marriage of the spouses and they
offered the plaintiff and defendant to come their house just to meet the family members of
the defendant. Therefore, on this request of the defendant’s father, the spouses went to the
house of the defendant’s parents and they treated with the spouses happily and without
showing any ill-will or bad desires.
7. That the father of the defendant requested the plaintiff to allow the defendant to stay some
days in his house and after 3/4 days, he may take her back. On that plaintiff came back to
resume his daily life / work and after the lapse of few days, the plaintiff requested the
defendant’s father to allow her to go with the plaintiff but he not only refused to hear the
legitimate request of the plaintiff rather forcibly restrained the defendant without any legal
justification, hence this suit.
8. That the defendant is bound under legal, moral and social obligation to perform her conjugal
rights in accordance with the Sharia with the plaintiff and the plaintiff for the sake and
honor of her matrimonial life, bonafidely seeks to ABAD the defendant but the defendant
and her family particularly her father not willing for ABADI of the defendant without any
rhyme and reasons.
9. That the defendant is duty bound to live with the plaintiff during the subsistence of the
marriage and she cannot deny the rights of her husband.
10. That after this, the plaintiff made hectic efforts even through Jirgas to bring the defendant in
his house but all in vain due to the stubborn attitude of the defendant’s father.
11. That the plaintiff has love and affection with the defendant from core of his heart and is
willing to keep intact the matrimonial bond between the parties and seeks the defendant to
return back to his house.
12. That the cause of action firstly accrued when the father of the defendant forcibly restrained
the defendant to perform the marital obligations with the plaintiff at his house and finally
two days ago when the defendant on the behest of her father refused to perform the marital
obligations, which is still continuing.
13. That the parties are residents of Rawalpindi, so this learned Court has the Jurisdiction to
entertain this suit.
14. That the prescribed Court fee has been affixed with the plaint.
PRAYER

In view of above, it is humbly prayed that a decree for restitution of conjugal rights may kindly
be passed in favor of the plaintiff and defendant be, directed to join the plaintiff and perform her
matrimonial obligation as per law and injunctions of Islam.

Any other relief, which this Honorable Court may deem just and proper may also be awarded.

Plaintiff
Through
Muhammad Mateen
Advocate High Court
Verification

Verified on Oath at Rawalpindi on this Day of June 2008, that the para No. 1 to 13 are true and
correct to the best of my knowledge and belief. and nothing has been concealed.

Plaintiff

To conclude the discussion, this is a complete and common draft of a suit of conjugal rights that
is totally applicable in the court of Pakistan with little or no modification.

Q3; Draft a partnership Deed for establishment of a Firm for carrying out a business for
exports and imports?

PARTNERSHIP DEED

THIS DEED OF PARTNERSHIP IS MADE on this 12th day of January, 2008 by and
between
Mr. A S/o C R/o XYZ hereinafter referred to as Party of the FIRST PART (which
expression shall deem and include his heirs, executors, administrators, representatives,
assigns and agents), AND
Ms. B D/o D R/o XYZ, Party of the SECOND PART (which expression shall deem
and include his heirs, executors, administrators, representatives, assigns), AND

WHEREAS the above named partners have decided to start the partnership business of
Recruitment Services in the name and style of M/s SSS with effect from …th day of
January, 20.. on the terms and conditions hereinafter mentioned and have desired to reduce
the terms and conditions into writing.

NOW THIS INDENTURE IS WITNESSETH AS FOLLOWS :

1. THAT the PARTIES referred above shall carry on the business of Recruitment
Services in the PARTNERSHIP FIRM under the name and style of M/s SSS
hereinafter referred to as the FIRM) XYZ, But by their mutual consent may start and
carry on any other business or businesses under any other name or names at any other
place or places.

2. THAT the business of the PARTNERSHIP pursuant to this DEED of PARTNERSHIP

shall be deemed to have commenced with effect from …th day of January, 20..
3. That the capital required for the business of Partnership shall be contributed time to
time by the PARTIES in such manner in all respect as may be agreed to between them
 and such capital may be paid interest as may be mutually agreed from time to time at
the rate of rates not exceeding 12% (Twelve Percent) per annum.

4. That all the PARTIES referred above shall be Working Partners and shall attend
diligently to the business of the Partnership and carry on the same for the greatest
advantage of the Firm.

5. That all the WORKING PARTNERS may be paid Salary w.e.f. … day of Feb., 2008,
for the work of the FIRM as may be agreed mutually from time to time between the
PARTIES in accordance with the provisions of the Income Tax Laws as well as
business necessities and other factors, subject however, that the monthly Salary to each
such Partner shall not exceed as under:

NAME OF WORKING PARTNER MAXIMUM BASIC SALARY NOT TO

EXCEED
a. Mr. A Rs. 12,000/- per month
b. Ms. B Rs. 12,000/- per month

6. That all business expenses shall be borne by the FIRM.

7. That the Profits or Losses, as the case may be, of the Partnership business shall be
divided among the Partners as under :

NAME OF WORKING PARTNER SHARE OF PROFIT SHARE OF LOSS

a. Mr. A 50% 50%
b. Ms. B 50% 50%
8. That the duration of the PARTNERSHIP shall be at WILL subject to Clause ‘9’.

9. That any Partner may retire from Partnership after giving a notice to the other Partner
(s) of not less than one month in writing and at the expiry of such notice period he
shall be deemed to have retired.

10. Upon mutual understanding, each Partner or his duly authorised agent shall have free
access to the account books of the Partnership and shall be entitled to take copies or
extracts from any or all such books and records of the Partnership Business.

11. That no Partner shall have the right to sell, mortgage or transfer his share of interest in
the FIRM to any one else except to his heir or heirs or any one of the existing Partners
 or to their heir (s). In the event of heir (s) selling his/her share to any one else, the
existing Partners shall have a right or pre-emotion in respect of such share (s) sold.

12. That the Partners shall keep or cause to be kept the books of account of the FIRM at
the principal places of its business and make all entries therein, and that all such books
of account kept shall be closed on 31st March every year or in the case of any necessity
on any other date as the Partners may mutually decide.

13. That no Partner shall do any act or thing whereby FIRM or the FIRM property may be
prejudicially effected.

14. That the terms of the Partnership Deed may be altered, added to or cancelled by the
written consent of the Parties to this DEED.

15 That the partners can open the bank account of the firm, in any bank and bank
account shall be operated by the partners jointly or individually, as the case may be.

16. That the partners shall not take any loan from any person/Financing Company, bank or
any other Govt./Pvt. Department in any case, without the written consent of each other.

17. That in the case of any dispute arising out of this DEED between the Parties of this
DEED, it shall be decided by Arbitration as provided for under the Indian Arbitration
Act.

IN WITNESS WHEREOF the Parties hereto have set and subscribed their respective
hands to these presents the day, month and year first written above.

WITNESSES :
Q4. WRITE A SUIT OF DISSOLUTION OF MARRIAGE AGAINST
HUSBAND? Urdu
Q5.WRITE DOWN A LEASE DEED OF A HOUSE IN URDU?
Q6, USE THE FOLLOWING SENTENCE:

A) HERD The herd grazed peacefully in the pasture. A herd of shoppers waited
anxiously for the store to open. The horses were herded into the corral.
B) FLOCK 1. Birds of a feather flock together. 2. Eagles fly alone, but sheep flock
together.
C) ANCIENT 1. Custom without reason is but ancient error. 2. Ancient scrolls were found
in caves by the Dead Sea.
D) ASTONISHED . We were astonished at the news of Joan's sudden death.4. I was
astonished that he was not an Englishman. 5. I was astonished by how much she'd grown.
 E) SHOCKED 1) I was shocked by the realization of what I had done.2) I'm not easily
shocked,but his deed was too disgusting. 3) The local community was shocked by the
murders.
F) ADMIRE 1 A fool always finds a bigger fool to admire him. 2 If the eye do no admire,
the heart will not desire. He stepped back to admire the painting.
G) CONDEMN We must not condemn her on pure supposition. 5. We all condemn cruelty
to children. 6. Politicians were quick to condemn the bombing.
H) FORBADE Mother forbade the boy to walk his younger brother out of the room. 4. Most
of the parents agree to forbade their children to smoke. 5. He forbade them from
mentioning the subject again.
I) REPENT Marry in haste, and repent at leisure. 3. Depend on others and you always
repent. 4. Marry too soon, and you’ll repent too late.
J) REGRET I didn't regret the choice I had made.

Q7; FILL IN THE BLANKS:

a) Birds of a feather___flock_____ together.

b) A stitch in time ____saves____ nine.
c) Heard melodies are sweet but those unheard are__sweeter______
d) To be or not to be, that is the__question______
e) A friend in need is a friend_indeed.________
f) Pride goeth before a _fall_____________
g) If wishes were horses_____beggars____would ride.
h) A man is known by the __company_________he keeps.
i) If you have tears prepare to __shed________them now.
j) Much ado about__nothing_______

PAPER-2

CONSTITUTION AND ADMINISTRATIVE LAW

Part-i

Q1; discuss the legislative process in the Punjab highlighting the role of the law
Department?

Legislative Procedure
Legislation
Bill
A proposal to make or amend a law is brought before the Assembly in the form of a Bill i.e. the
proposed draft law. A Bill is, in fact, a motion to make a law. A notice of a Bill must contain a
statement of objects and reasons; however, no such statement is required in the case of an
Ordinance laid in the Assembly. A Bill with respect to any matter within the Provincial
legislative field may, subject to the rules, be introduced in the Assembly.
Introduction of a Bill
On introduction, a bill is published in the official Gazette, and the Speaker refers it to the
Standing Committee concerned, with the direction to submit its report by a specified date.
However, the Finance Bill is not referred to any Committee. When the report of the Standing
Committee on a Bill has been received, the Bill may be taken into consideration at once or it may
be referred to a Select Committee or it may be circulated for eliciting opinion thereon. The
Assembly considers the Bill in three stages, normally called the three readings of the Bill.
First Reading of the Bill
On the day fixed for consideration of the Bill, the principles of the Bill and its general provisions
may be discussed but the details of the Bill are not discussed further than is necessary to explain
its principles. At this stage, the Assembly is required to decide whether or not it wishes to
consider the Bill further.
Second Reading of the Bill
At this stage, the Assembly considers a Bill clause by clause. At this stage any member may
propose such amendments to the Bill as are within the scope and relevant to the subject matter of
the Bill. Each clause is put to the vote of the Assembly.
Third Reading of the Bill
After the Assembly has completed the second stage of a Bill and has voted in respect of all the
clauses of a Bill, a motion is moved by the member/minister concerned that the Bill be passed.
The Assembly may pass the Bill by a majority of the members present and voting.
Assent and Publication
A bill passed by the Assembly is submitted to the Governor for assent. When a Bill is assented to
by the Governor, the Assembly Secretariat publishes it in the official Gazette as an Act of the
Assembly.

Functions

 Law and Parliamentary Affairs

 Government Litigation
 Assembly Business
 Consultation by other Departments
 Administration

Law and Parliamentary Affairs

General
Law & Parliamentary Affairs Department has been established under the Punjab Government
Rules of Business 2011. It performs assorted functions relating to law and legal matters. It is
headed by Secretary Law and consists of various Wings. Solicitor Department and Office of
Administrator General and Official Trustee are the Attached Departments of Law &
Parliamentary Affairs Department. Office of Advocate General is a Special Institution and
Punjab Judicial Academy is an autonomous body under the administration of Law &
Parliamentary Affairs Department.

Objectives

 Deliver high professional legal and legislative services to the Government and its
departments
 Conduct parliamentary business
 Promote public welfare legislation
 Contribute to the administration of justice
 Protect/promote rights of the people

Major Functions
The major functions of Law and Parliamentary Affairs Department have been enumerated in
Second Schedule of the Punjab Government Rules of Business 2011; viz.-

 Administration of civil law and civil procedure, including laws of limitation, arbitration,
contract, partnership, agency, surety, guarantee, bailment, torts and other actionable
wrongs, commercial arbitration and alternate dispute resolution.
 Constitutional legislation.
 Substantive legislation: scrutiny and drafting of official and non-official Bills and
Ordinances.
 Delegated legislation: scrutiny and drafting of delegated/subordinate legislation, such as
notifications, rules, regulations, statutory orders and bye-laws, Agreements, Contracts,
Memorandum of Understanding and other statutory instruments.
 Codification of laws: printing and publication of Acts and Ordinances and delegated
legislation.
 On-line publication of laws.
 Translation of laws.
 Legal advice to the Government departments on all legal matters, including interpretation
of laws, rules and orders having the force of law.
 Conduct of Government business in the Assembly.
  Matters relating to the Provincial Assembly of the Punjab, including summoning and
prorogation of sessions and salaries, allowances and privileges of the Speaker, Deputy
Speaker and Members of the Provincial assembly.
 Matters relating to Parliamentary Secretaries, including appointment, salary, allowances
and privileges.
 Conduct of government litigation: filing and defending of civil suits, petitions and
appeals on behalf of the Government and its departments.
 Administrative matters relating to the office of the Advocate General.
 Matters relating to fee and procedure for obtaining approval in cases where local
governments, statutory bodies, autonomous bodies, or semi-autonomous bodies propose
to the engage the services of an Additional Advocate General or Assistant Advocate
General for representation on its behalf in any court of law.
 Matters relating to District Law Officers, Government Law Officers, Special Counsels
and Legal Advisors for Local Government, Statutory Bodies, Autonomous or Semi-
Autonomous Institutions.
 Matters relating to legal practitioners, including scale of fees.
 Matters relating to the Solicitor’s department, Administrator-General, Official trustee and
Punjab Judicial Academy.
 Matters relating to free legal aid.
 Coordination with the Federal Government and other Departments for implementation of
treaties, conventions, covenants and protocols.
 Consolidation of reports relating to the treaties, conventions, covenants and protocols of
all the Departments and submission of the consolidation report to the Federal
Government.
 Identification of gaps and areas on which legislation for policy intervention of the
Government is required for implementation of the treaties, conventions, covenants and
protocols.
 Awareness campaigns to sensitize the relevant Departments, entities and general public
about the treaties, conventions, covenants and protocols.
 Budget, accounts and audit matters.
 Purchase of stores and capital goods for the department.
 Service matters except those entrusted to Services and General Administration
department.

Laws by the Department

Laws administered by the Department are enlisted as below:

 The Legal Representatives Suits Act, 1855

 The Contract Act, 1872
 The Punjab Laws Act, 1872
  The Power of Attorney Act, 1882
 The Specific Relief Act, 1877
 The Suits Valuation Act, 1887
 The Limitation Act, 1908
 The Civil Procedure Code, 1908
 The Administrator General’s Act, 1913
 The Official Trustees Act, 1913
 The Sale of Goods Act, 1930
 The Arbitration Act, 1940
 The Punjab General Clauses Act, 1956
 The West Pakistan (Adaptation and Repeal of Laws) Act, 1957
 The Punjab Civil Courts Ordinance, 1962
 The West Pakistan Laws (Adaptation) Order, 1964
 The West Pakistan Repealing Ordinance, 1970
 The Provincial Assembly of the Punjab Privileges Act, 1972
 The Punjab Provincial Assembly (Salaries, Allowances and Privileges of Members) Act,
1974
 The Punjab Provincial Assembly Deputy Speaker (Salary, Allowances and Privileges)
Act, 1975
 The Punjab Provincial Assembly Speaker (Salary, Allowances and Privileges) Act, 1975
 The Punjab Parliamentary Secretaries (Salary, Allowances and Privileges) Ordinance,
2002
 The Defamation Ordinance, 2002
 The Punjab Judicial Academy Act, 2007

Assembly Business
Law and Parliamentary Affairs Department conducts Government business in the Assembly and
arranges business to be conducted by the Assembly. It also monitors and facilitates private
members’ business in the Assembly. For purposes of smooth conduct of the Assembly business
and liaison with the Assembly Secretariat and Law and Parliamentary Affairs Department, each
Department nominates a focal person.

Government Litigation
Arrangements for the conduct of Government litigation is the responsibility of the Law
Department. The Law Department is primarily responsible for the proper conduct of all civil
suits, appeals and proceedings affecting the Punjab Government, including the execution of
decress passed in favour of Government and the recovery of all sums due to Government
whether as costs in pauper suits or otherwise under the decrees or order of civil courts except in
so far as the conduct of the proceedings has, under the Law Department Manual or the special
orders of the Governor, passed into the hands of the Advocate General. Advocate General’s
office is primarily responsible for the conduct of Government litigation in the superior courts,
and Solicitor’s department/ District Attorney’s offices, in the subordinate courts/ tribunals. As a
rule, all the Government departments must conduct litigation through Advocate General’s office
or, as the case may be, Solicitor’s department/ District Attorney’s offices.
However, as a rare exception, a department may propose to engage a private counsel if there is
sufficient justification in view of the special nature, or circumstances of the case. Such
engagement of private counsel can only be possible with approval of the Law Department.
Legal Advisors for Local Bodies, etc. under the Local Governments (Legal Advisors) rules 2003
the Law Department appoints legal advisors in the Local Governments to conduct the litigation
business.

Assembly Business Summoning of the Assembly

 Law and Parliamentary Affairs Department obtains orders of the Governor for convening
a session of the Assembly, and communicates such orders to the Secretary of the
Assembly for further necessary action in accordance with the Rules of Procedure of the
Provincial Assembly of the Punjab 1997
 Each Department keeps under review the official business intended to be brought before
the Assembly and, not later than five days before the commencement of the session and
forwards to Law and Parliamentary Affairs Department a detailed list of such business
 Minister for Law and Parliamentary Affairs prepares a provisional forecast of the official
business to be brought before the Assembly and makes appropriate proposal to the
Speaker for the allotment of days for the transaction of such business

Prorogation of the Assembly

In case a session of the Assembly is summoned by the Governor, Law and Parliamentary Affairs
Department, at an appropriate time, obtains orders of the Governor for the prorogation of the
Assembly, and communicates such orders to the Secretary of the Assembly for further necessary
action in accordance with the Rules of Procedure of the Provincial Assembly of the Punjab 1997.

General Provisions Regarding Assembly Business

 For purposes of smooth conduct of the Assembly business and liaison with the Assembly
and Law and Parliamentary Affairs Department, each Department nominates a focal
person (not below the rank of a Deputy Secretary) and intimates his particulars to the
Secretary of the Assembly, Secretary (I&C) of Services and General Administration
Department and Law and Parliamentary Affairs Department
  The concerned Department takes prompt action on receipt of copies of the bills,
resolutions, motions, questions, call attention notices and other business to be brought
before the Assembly
 Whenever there is doubt as to the correct allocation of the business of the Assembly
amongst the Departments, the Assembly Secretariat may refer the matter to the Chief
Secretary for appropriate decision
 In case a bill, resolution, motion, question, call attention notice or any other
communication has wrongly been addressed to a Department by the Assembly
Secretariat, the Department receiving it, in consultation with the Chief Secretary if
necessary, promptly transfers it to the concerned Department under intimation to the
Assembly Secretariat and Law and Parliamentary Affairs Department

Resolutions and Motions

 When an official resolution or motion is to be moved in the Assembly, the concerned

Department forwards it together with a formal notice duly signed by the Minister to Law
and Parliamentary Affairs Department for taking it to the Assembly.
 On receipt of a non-official resolution or motion from the Assembly Secretariat, the
Department concerned examines it and obtains orders of the Cabinet, if time permits
 In examining the resolution or the motion, the concerned Department examines whether
discussion of the resolution or motion, or any part of the same, would be detrimental to
the public interest. If so, it should point this out, with reasons, in its comments on the
resolution or the motion, as the case may be.
 The concerned Department prepares a brief regarding each resolution or motion, official
or non-official, for the use of the Minister or the Parliamentary Secretary.
 On receipt of a resolution passed by the Assembly, the Department concerned
immediately takes appropriate necessary action and, within three months from the date of
the receipt of the resolution, apprises the Assembly Secretariat of the action taken on the
resolution.

Budgets

 The Finance Department forwards proposals regarding the date for the presentation of the
annual and the supplementary budgets to Law and Parliamentary Affairs Department
which obtains orders of the Governor and communicates such orders to the Secretary of
the Assembly for appropriate action in accordance with the Rules of Procedure of the
Provincial Assembly of the Punjab 1997.
 On receipt of a motion proposing a cut in the demand (or supplementary demand) for
grant of funds, the concerned Department examines the points raised in the motion, or
any further points likely to be raised, and prepare a brief for the use of the Minister.
Consultation by Other Departments
Rule 20 of the Punjab Government Rules of Business 2011 requires that Law and Parliamentary
Affairs Department shall be consulted by other Departments:

 On matters pertaining to substantive legislation and delegated legislation (rules,

regulations, bye-laws, agreements and Memoranda of Understanding (MoUs);
 On the interpretation of substantive or delegated legislation;
 On legal questions arising out of any case;
 Before instituting civil proceedings in a court of law in which the Government is
involved; and
 Whenever civil proceedings are instituted against the Government.

However, in respect of legislation, substantive or delegated, Law and Parliamentary Affairs

Department is not ordinarily an originating office. Its proper function is to put into correct legal
form the proposed legislation. The legislative policy is determined by the relevant administrative
department in consultation with the concerned departments, including Law & PA department.
If a department does not agree to the advice of Law and Parliamentary Affairs Department, it
may, through that department, seek opinion from the Advocate General. If there is disagreement
between the views of the Advocate General and Law and Parliamentary Affairs Department,
their views are conveyed verbatim to the concerned Department, and if that Department does not
accept the view of Law and Parliamentary Affairs Department, the case must be submitted to
Minister for Law and Parliamentary Affairs for submission to the Cabinet for decision.
Administration
Functions of the Wing are enlisted as below:

 Appointment, removal, transfer, leave, fees, etc. of Advocate General, Additional

Advocate General, Assistant Advocate General
 Appointment of Special Counsel and Legal Advisors for Local Government, Statutory
Bodies, Autonomous or Semi-Autonomous Institutions
 Provisions of law officers to the Government Departments
 Service matters of the Law Officers
 Purchase of stores and capital goods for the Department
 Establishment and other matters relating to the Punjab Judicial Academy
 Appointment of Administrator General and official trustee
 Capacity Building Training for field officers of Law &P.A. Department at Punjab
Judicial Academy, to be linked with promotion of the officers
 Overall supervision of the attached department

Extra; Functions
The Assembly, in addition to making and unmaking the Provincial Government, performs the
following functions:

Legislation
The Provincial Assembly is empowered to make laws for the Province of the Punjab with respect
to criminal law, criminal procedure, evidence and any matter not enumerated in the Federal
Legislative List. It cannot, however, make any law:

 which is repugnant to the injunctions of Islam as laid down in the Holy Quran and the
Sunnah
 which is repugnant to any provision of the Constitution
 which is inconsistent with a federal law
 which violates or contravenes any of the fundamental rights
 which is not in consonance with the Principles of Policy

Overseeing the Government

Various parliamentary tools have been provided in the Rules of Procedure of the Provincial
Assembly of Punjab 1997 for obtaining necessary information about the working of the
Government Departments, for overseeing the Government, and for making recommendations on
matters of general public importance; viz.- Assembly Questions, Call Attention Notices,
Adjournment Motions, Resolutions and General Discussion.

Financial Accountability
The Assembly exercises its control over the financial affairs of the Government in two ways; viz
consideration as well as approval of the budget and consideration of the Reports of the Auditor
General of Pakistan by Public Accounts Committees.
Pre-budget Discussion
The Assembly holds discussion for at least four days in a session which is held during the
months of January to March each year, inviting proposals from the Members for the next year’s
budget. The proposals are sent to the Government through a resolution of Assembly.
Passing of Budget
A Provincial Government is required to lay a statement of the estimated receipts and expenditure
of the Provincial Government known as ‘Annual Budget Statement’ for the next financial year
before the Assembly. The Budget is presented to the Assembly on such day and at such time as
the Governor may appoint. The Finance Minister, or a Minister acting on his behalf, presents the
Budget. The Budget is not referred to any Committee, and the Assembly considers it in two
stages:
  general discussion on the Budget as a whole
 discussion and voting on demands for grants, including voting on motions for reduction,
if any

Q2; What are the implication of part II of the Federal Legislative list in the Constitution of
Pak?

Overview of the Constitution (Eighteenth Amendment) Act, 2010

1. The Eighteenth Amendment to the Constitution of the Islamic Republic of Pakistan, a
landmark event in the constitutional history of Pakistan, was passed unanimously with support
from all political parties in the Parliament and lauded by the provinces. The Constitution
(Eighteenth Amendment) Act, 2010, received the assent of the President on April 19, 2010 and
was promulgated on the following day.
The Act includes a total of 102 amendments, which have amended, substituted, added
or deleted various provisions of the Constitution (Annex-I).

2. With the abolition of the Concurrent Legislative List, the long-standing demand of the people
of Pakistan for provincial autonomy has come to fruition, and the provinces have at the same
time been provided legitimate constitutional rights in governance, and in managing and
utilisation of their natural resources.
Significant Changes in the Constitution for Devolution and Empowerment of the Provinces
3. The most significant amendments in the Constitution were the deletion of the Concurrent
Legislative List, addition of subjects in Part-II of the Federal Legislative List and joint-
ownership of oil, gas and territorial waters. The Federal Legislative List and the Concurrent List
prior to the Eighteenth Amendment are at Annex-II, whereas the post-devolution Federal
Legislative List is at Annex-III.
A. Deletion of Concurrent Legislative List
4. The Constitution (Eighteenth Amendment) Act, 2010, has deleted the Concurrent Legislative
List from the Fourth Schedule of the Constitution of the Islamic Republic of Pakistan. The
erstwhile Concurrent List featured forty-seven subjects on which both the Parliament and a
Provincial Assembly could legislate. All other subjects that did not appear either in the Federal
Legislative List or the Concurrent Legislative List were residuary in nature and powers to
legislate on such matters vested solely in the provinces. Out of forty-seven subjects that appeared
on the Concurrent List, one item, i.e. Boilers, appearing at Serial No. 29 thereof, has been
shifted to Part-I of the Federal Legislative List, whereas the following two items have been
shifted to Part-II of the Federal Legislative List:
 Electricity, and
 Legal, medical and other professions.

5. Omission of the Concurrent Legislative List has granted the provincial assemblies with
exclusive powers to enact laws in respect of any matter that does not appear on the Federal
Legislative List. In addition, Article 142(b) of the Constitution has vested the provinces with
concurrent jurisdiction to legislate in respect of criminal law, criminal procedure and the law of
evidence. Article 142(c) provides that a Provincial Assembly shall and Majlis-e-Shoora
(Parliament) shall not have power to make laws with respect to any matter not enumerated in the
Federal Legislative List.
After the constitutional amendment, in terms of Article 142(a), the Majlis-e-Shoora (Parliament)
can now only legislate on subjects contained in the Federal Legislative List. As a consequence
thereof, a large number of subjects and activities previously being handled by
Ministries/Divisions in the Federal Government are now being administered exclusively by the
provincial governments.

B. Addition of Subjects in Federal Legislative List Part-II

6. The Eighteenth Amendment has strengthened the concept of participatory management by the
Federation and the federating units and has enhanced the role of the Council of Common
Interests. Article 154(1) of the Constitution provides that the Council of Common Interests shall
formulate and regulate policies in relation to matters in Part-II of the Federal Legislative List and
shall exercise supervision and control over related institutions. Meetings of the Council of
Common Interests are chaired by the Prime Minister and the Council of Common Interests must
meet at least once in ninety days. The following subjects have been shifted from the Federal
Legislative List Part-I to Part-II of the Federal Legislative:
 “Major ports, that is to say, the declaration and delimitation of such ports, and the constitution
and powers of port authorities therein;
 Census;
 Extension of the powers and jurisdiction of members of a police force belonging to any
province to any area in another province, but not so as to enable the police of one province to
exercise powers and jurisdiction in another province without the consent of the government of
that province; extension of the powers and jurisdiction of members of a police force
belonging to any province to railway areas outside that province, and
 National Planning and National Economic Coordination including Planning and Coordination
of Scientific and Technological Research.”
7. New subjects added to the Federal legislative List Part-II through the Eighteenth Amendment
are:
 “All regulatory authorities established under a Federal law;
 Supervision and management of public debt;  Standards in institutions for higher education
and research, scientific and technical institutions, and
 Inter-Provincial Matters and Coordination.”

C. Sharing of Ownership in Oil, Gas and Territorial Waters

8. Clause (2) of Article 172 of the Constitution has been amended as follows,inserting the word
“beyond” before the words “the territorial waters”:
“All lands, minerals and other things of value within the continental shelf or underlying the
ocean [beyond] the territorial waters of Pakistan shall vest in the Federal Government”.
9. The following new Clause (3) has also been added in Article 172:
“[Subject to the existing commitments and obligations, mineral oil and natural gas within the
province or the territorial waters adjacent thereto shall vest jointly and equally in that province
and the Federal Government]”.
10. The afore-mentioned amendments have accordingly enhanced the rights of ownership of the
provinces in respect of oil and gas.
Implementation of the Eighteenth Amendment
11. Clause 8 of Article 270 AA provides that “on the omission of the Concurrent Legislative
List, the process of devolution of the matters mentioned in the said List to the provinces shall be
completed by the thirtieth day of June, two thousand and eleven”. Clause 9 of Article 270 AA of
the Constitution states that “for purposes of the devolution process under clause (8), the Federal
Government shall constitute an Implementation Commission, as it may deem fit within fifteen
days of the commencement of the Constitution (Eighteenth Amendment) Act, 2010”.
Notification of the Implementation Commission
12. In pursuance of Clause 9 of Article 270AA, the Federal Government constituted an
Implementation Commission and its Terms of Reference on May 4, 2010 (Annex-IV). The
Commission comprised the following members of Parliament:

Powers of the Commission

13. The Implementation Commission had the power to co-opt experts, serving or retired
members of the civil service or any other person for a specified purpose and time on such terms
and conditions as the Implementation Commission may have deemed fit, with prior approval of
the Federal Government.
The Implementation Commission had the powers to make or pass such directions, orders,
undertake proceedings or require the making of amendments to regulations, enactments,
notifications, rules or orders as may have been necessary to further the objectives of Clause 8 of
Article 270AA of the Constitution and in this regard, could require the attendance of any official
of the Federal or Provincial Governments or of the Federal Government Ministries/Divisions, or
their attached departments, offices or subordinate organisations.
Terms of Reference of the Commission
15. The Terms of Reference of the Commission were as follows:
“i. The Implementation Commission shall perform such functions as may be necessary for the
implementation of Clause 8 of Article 270(AA) of the Constitution of the Islamic Republic of
Pakistan and such other steps needed for the implementation of the Constitution (Eighteenth
Amendment) Act, 2010; and/or the Provincial Governments for the implementation of the
devolution process;
Activities of the Commission for Devolution
28. The Commission identified various Ministries/Divisions whose activities were to be partly or
completely devolved. Article 97 of the Constitution provides that the executive authority of the
Federation extends to the matters with respect to which Majlis-e-Shoora (Parliament) has power
to make laws. Under Article 70(4), Majlis-eShoora (Parliament) can legislate only on matters
mentioned in the Federal Legislative List. There were some Ministries in the Federal
Government whose activities were neither included in the Concurrent List nor in the Federal
Legislative List. All such functions thus needed to be devolved. For this purpose, the
Commission initially focused on examination and revision of Schedule-II of the Rules of
Business.
29. The Establishment Division and the Cabinet Division, in consultation with the
Ministries/Divisions concerned, undertook an exercise in this context and made presentations to
the Commission in its subsequent meetings held on June 18, 29 and 30, July 7, 8, 20, 29 and 30,
August 2 and 16, and September 15, 2010. The Commission examined for revision various
activities allocated to the Ministries/Divisions under Schedule II of the Rules of Business, 1973.
The Implementation Commission thereby completed spadework for thirty-four federal
Ministries/Divisions.
30. The Commission ensured that any legislation, activity or function to be retained in the
Federal Government had support from one or the other entry in the Federal Legislative List or
any Article of the Constitution and thus did not encroach on subjects that were purely provincial
in terms of the Constitutional provisions.

Q3; Discuss the main principle of interpretation of statutes?

Q4, Discuss the Islamic provision in the 1973 Constitution?

Part-ii

Q5, what is judicial Review? Discuss the nature of judicial review in Pakistan with respect
to review of executive actions and legislation.

Q6, what is delegated legislation? How can the legislator monitor such kind of legislation?

Q7; write short notes on my four of the following:

A) Writ Jurisdiction
Supreme courts and High courts in India have the power to issue writs under article 32
and 226 respectively to enforce the fundamental rights.

We have 5 kinds of writs.

Habeas corpus Literal meaning- You may have the body. Any person who has been detained or
imprisoned is asked to be physically brought before the court. The writ is issued under the
following cases-

(i) The detention is in violation of the prescribed rules of procedure.

 (ii) A person has been detained by a private individual.
(ii) When the order of the detention is malafide.

Habeas corpus is the only writ which can be filed by person whose right has not been infringed.
The logic behind this is simple: Any person who is detained is severly handicapped. Anybody on
behalf of the detainee can file this writ.

Mandamus Literal meaning- We command. This writ is issued to any public authority, inferior
court, tribunal, or the government to do the thing or act specified in the writ. The act must be in
the nature of a public duty. The following conditions must be there-

(i) There must be a legal right on part of the petitioner and the person against whom this
writ is issued must have a legal duty.
(ii) Demand and refusal- The petitioner asked the authority to perform the duty but they
refused to do so.
Mandamus cannot be issued against-
—Any company even if it is a government company.
—Against a private individual/organisation.
—Against president or governor.

Prohibition Literal meaning- To forbid or to stop. It is issued by a superior court to an inferior

court to ensure that it remains within its jurisdiction, and does not violate the principles of
natural justice. Prohibition cannot be issued against the executive or the legislature. It is issued
only if the proceeding are pending before the court.

Certiorari. Literal meaning- To be more fully informed.

Certiorari is issued after the final order is passed by an inferior court that had no jurisdiction in
the matter.

Quo warranto. Literal meaning- By what authority. This writ is issued to enquire into legality of
the claim of a person or public office. It restrains the person or authority to act in an office which
he / she is not entitled to; and thus stops usurpation of public office by anyone. This writ is
applicable to the public offices only and not to private offices.

B) Principles Natural Justice

C) Obiter dicta

The Latin term obiter dicta means “things said by the way,” and is generally used in law to refer
to an opinion or non-necessary remark made by a judge. In a legal ruling, made by a higher
court, the actual decision becomes binding precedent. Remarks about such things as how the
court came to its decision are not binding, and it is to these that the term refers. To explore this
concept, consider the following obiter dicta definition.
Definition of Obiter Dicta

Noun Incidental remarks, observations, or opinions articulated by a judge. Supplementary

opinions by a judge that is not essential to the actual decision.

Origin
1782 Latin (“things said by the way”)

What is Obiter Dicta

When a written judicial opinion is made, it contains two elements:

(1) ratio decidendi, and (2) obiter dicta. Ratio decidendi is the Latin term meaning “the reason
for the decision,” and refers to statements of the critical facts and law of the case. These are vital
to the court’s decision itself. Obiter dicta are additional observations, remarks, and opinions on
other issues made by the judge. These often explain the court’s rationale in coming to its
decision and, while they may offer guidance in similar matters in the future, they are not binding.

In reading a court’s decision, obiter dicta may be recognized by such words as “introduced by
way of analogy,” or “by way of illustration.” Obiter dicta may be as short as a brief aside or a
hypothetical example, or as long as a thorough discussion of relevant law. In either case, the
additional information is given to provide context for the judicial opinion.

Determining Obiter Dicta or Ratio Decidendi

It is not always obvious when reading a court’s written decision what is obiter dicta, and what is
ratio decidendi, yet this is crucial to knowing what portions of the decision are binding
precedent. To aid in this determination, American legal scholar Eugene Wambaugh proposed
what is now referred to as Wambaugh’s Inversion Test. This test holds that the following
question be asked about suspect portions: would the decision have been different if the statement
had been omitted. If the answer is “yes,” then that statement is a critical part of the decision, and
is therefore ratio decidendi.

For example:

Julia, who purchased an Acme washer and dryer set, was disappointed when only a month later
the washing machine stopped working. Having been told that the appliance had a one-year
warranty against manufacturer defects, she attempted to make a claim to have her washing
machine repaired or replaced.

The Acme company denied her claim, saying that she had not responded with a message saying
she had accepted the company’s terms and conditions for warranty service, and she was therefore
not eligible. Julia filed a civil lawsuit in her attempt to hold the company responsible to fulfill the
warranty.

In the court’s decision, which was rendered in favor of Julia, the court explains:
“If I lost my dog, and advertised that I would pay $1,000 to anyone who brought the dog to my
home, could I deny the reward to the neighbor who found and returned him, on the basis that he
hadn’t written to me formally accepting my offer? Of course not.”

This case is about a defective appliance, and its warranty, not a dog. The court’s analogy is obiter
dicta, as it is not crucial to the court’s ruling, but given only by way of explanation. If the dog
analogy had been left out, the court’s ruling would be exactly the same.

Related Legal Terms and Issues

Binding Precedent – A rule or principle established by a court, which other courts are obligated
to follow.

Judicial Opinion – A statement prepared by a court or judge announcing the decision at the end
of a trial.

D) Doctrine of Necessity

E) Introduction: The term Doctrine of Necessity is a term used to describe the basis on
which administrative actions by administrative authority, which are designed to restore
order, are found to be constitutional. The maxim on which the doctrine is based
originated in the writings of the medieval jurist Henry de Bracton, and similar
justifications for this kind of administrative action have been advanced by more recent
legal authorities, including William Blackstone. In modern times, the term was first used
in a controversial 1954 judgment in which Pakistani Chief Justice Muhammad Munir
validated the extra-constitutional use of emergency powers by Governor General,
Ghulam Mohammad. In his judgment, the Chief Justice cited Bracton's maxim, 'that
which is otherwise not lawful is made lawful by necessity', thereby providing the label
that would come to be attached to the judgment and the doctrine that it was establishing.
The Doctrine of Necessity has since been applied in a number of Commonwealth
countries, and in 2010 was invoked to justify administrative actions in Nepal. What is
objectionable is not whether the decision is actually tainted with bias but that the
circumstances are such as to create a reasonable apprehension in the minds of others that
there is a likelihood of bias affecting the decision. The basic rule underlying this principle
is that ‘Justice must not only be done but must also appear to be done’. Doctrine of
Necessity is an exception to Nemo judex in causa sua.1 Application in Pakistan: The
titled cases i.e. Maulvi Tamizuddin Khan’s Case, Usif Patel’s Case, Dosso’s Case, Asma
Jelani’s, Begum Nusrat Bhutto’s, Miss Benazir Bhutto and Syed Zafar Ali Shah are taken
from the various regimes of martial law, are the Circumstantial Evidences and
repercussion on the legislature, Judiciary and Executive. These cases have provided the
way out or way in for imposing martial law in the country time and again. It is also
evident from these cases that due to reasons the court of law also supported such actions,
which 1 http://www.legalservicesindia.com/article/1113/Doctrine-of-Necessity.html
F) 4. 4 eventually adversely affected the spirit of the constitution of Pakistan. These actions
by various individuals never allowed flourishing of political institutions, on the other
hand all institution under the establishment were also working on sort of ad hoc basis. No
consistency in any process of development and growth is being witnessed in Pakistan.
While talking of imposition of Martial Law in Pakistan and these cases are considerable.
In order to properly appreciate the critical development and evolution of the doctrine it is
necessary to acquaint ourselves with the facts and the law laid down in the above cases
which are placed here in details.2 Federation of Pakistan v. Maulvi Tamizuddin Khan:
(PLD 1955 FC 240) Court: Federal Court of Pakistan Court members: 1. Chief Justice
Mr. Per Muhammad Munir 2. Justice Mr. Mohammad Sharif 3. Justice Mr. S. A. Rehman
4. Justice Mr. S. M. Akram 5. Justice Mr. Alvin Robert Cornelius Background:
Federation of Pakistan v. Maulvi Tamizuddin Khan (1955) is a court case of the
Dominion of Pakistan. The Federal Court of Pakistan (now the Supreme Court of
Pakistan) ruled in favor of the Governor General of Pakistan's dismissal of the 1st
Constituent Assembly of Pakistan. The dismissal was legally challenged by Maulvi
Tamizuddin Khan, the president of the assembly. Except one dissenting opinion, the
majority of the court supported the dismissal on grounds of the doctrine of necessity. The
verdict was considered a blow to democratic norms, which had ramifications in modern-
day Pakistan and Bangladesh. 2 International J. Soc. Sci. & Education:2012 Vol. 2 Issue
2, ISSN: 2223-4934 E and 2227-393X Print
G) 5. 5 Facts: In 1954, Governor General Ghulam Muhammad dissolved the Constituent
Assembly of Pakistan. Earlier, he dismissed Prime Minister Khawaja Nazimuddin who
enjoyed the confidence of the constituent assembly. Maulvi Tamizuddin Khan, the
President of the Constituent Assembly and a representative from East Bengal, challenged
the Governor General's actions in the Sindh High Court, where the dissolution was ruled
as ultra vires. The federal government appealed in the country's apex Federal Court.3
Judgement: In 1955, the Federal Court led by Chief Justice Muhammad Munir ruled in
support of the Governor General. The court suspended the decision of the High Court and
held the Governor General, and not the Constituent Assembly, to be the sovereign
authority. The court opined that royal assent can only be given by the Governor General
as Pakistan was still a dominion and hence not a fully independent country. It gave the
doctrine of necessity as the grounds for its decision. Dissent: Justice A.R. Cornelius
wrote a strong dissenting Opinion presenting following reasons: There is no obligation
that all laws made by the Constituent Assembly of a constitutional nature require the
assent of the Governor-General for their validity and operation because: (a) Our practice
demonstrates the denial of allegiance to the British Sovereign, for example, Muhammad
Ali Jinnah refused to take oath as per the British Tradition; and secondly Governor-
General Ghulam Muhammad did not send his assent upon the accession to British throne
of Queen Elizabeth II, as was tradition. Which means we are governing this region in a
different way. (b) The derivation of the powers of the Constituent Assembly under
 Section 6(1) of the Indian Independence Act, 1935 overlooked the fact 3
http://www.pja.gov.pk/system/files/CONSTITUTIONAL_HISTORY.pdf
H) 6. 6 that it is the creation of supra-legal power to discharge the supra-legal function of
preparing a constitution for Pakistan. (c) The Constituent Assembly was to be placed
above the Governor- General, the Chief Executive of the state, for two reasons, firstly
that the Constituent Assembly was a sovereign body, and secondly because the statutes
under which the Governor-General was required to function, were within the competence
of Constituent Assembly to amend. (d) There could be no doubt that neither the British
Sovereign nor the Governor-General, as such was part of the Constituent Assembly
Significance: The verdict dealt a blow to the notion of parliamentary supremacy in
Pakistan. The irony was that Pakistan was an independent dominion created by the Indian
Independence Act 1947. The British parliament enjoyed parliamentary supremacy in its
own realm. But the Federal Court's verdict stripped Pakistan's parliamentary supremacy,
even though Pakistan itself was an independent realm of the British monarchy. The
verdict paved way for the future judiciary to support unconstitutional and undemocratic
actions, such as military coups. The doctrine of necessity was applied by successive
Pakistani and Bangladeshi courts to validate the actions of marital law authorities.4 The
State v/s Dosso and Others: (PLD 1958 SC 553) Court: Supreme Court of Pakistan
Present: 1. Chief Justice Mr. Muhammad Munir 2. Justice Mr. M. Shahabuddin 3. Justice
Mr. A. R. Cornelius 4. Justice Mr. Amiruddin Ahmad 4
https://en.wikipedia.org/wiki/Federation_of_Pakistan_v._Maulvi_Tamizuddin_Khan#cite
_ref-Khan2005_2-0
I) 7. 7 Introduction: State v/s Dosso is a simple case of murder committed by a person
named, Dosso in Balochistan. He was convicted under the tribal system of justice by
Loya Jirga as enumerated in FCR (frontier crimes regulation); but his relatives
approached to the Lahore high court which repealed the decision of Loya Jirga, later on,
on the appeal of Federal Government, Supreme court reversed the decision of Lahore
High court. The case got prominence, because it indirectly questioned the legitimization
of Martial law imposed by Iskandar Mirza on 7th oct,1958. Background: A murder took
place in the Lora lai district of Balochistan by a person named as Dosso. He was arrested
and was handed over to the Council of Elders (Loya Jirga). The Tribal authorities
charged him under FCR, 1901.The relatives of Dosso upon this filed a writ petition in
Lahore High court against the decision of Loya jirga. Lahore high court heard the case
under the constitution of 1956, and held its verdict in favour of Dosso. Lahore high court
also declared FCR as an unconstitutional. The Federal Government filed appeal against
this decision in SC of Pakistan.SC decided the case in favour of the federal govt. Main
Events/Facts: 1)Arrest and Conviction of Dosso: Dosso and other were convicted under
Section 11 of FCR 1901, and handed over to Loya Jirga. The Jirga convicted Dosso.
2)Petition in Lahore High court against FCR: The relatives of Dosso filed a petition
against the proceedings of council of elders regarding Dosso case in Lahore High Court.
 They challenged the references and the convictions on the grounds that the relevant
provision of the FCR were void being repugnant in the " Equity before Law" and the
equal protection of Law" and the right to counsel embodied in Articles 5 and 7 of the
1956 Constitution. 3)Decision of Lahore High Court: the High Court decided the case in
favour of Dosso and declared FCR repugnant to 1956 constitution. Article 5 and 7 of
which ensured the
J) 8. 8 equality of all before the law. Thus Lahore High Court decided the proceedings of
council of elders as null and void under FCR, 1901. Effect of Lahore High Court: The
effects of this decision were that, after the declaration of FCR as repugnant to the
constitution; then the validity of those cases were questioned, which were decided under
FCR since long before it was enacted, and especially since 1956 when the new
constitution was promulgated. Appeal in the Supreme Court of Pakistan: The Federal
Government of Pakistan went into an appeal in SC against the verdict of the Lahore High
Court. The Supreme Court decided 13th October 1958 as the date for hearing the case.
But prior to that on October 7, 1958, a drastic change came in the political history of
Pakistan; when 1st martial was Imposed in the country. Promulgation of Martial Law: On
October 7th 1958 the President of Pakistan Iskandar Mirza declared Martial Law in the
country and made AYUB KHAN as Chief Martial Law Administrators(CMLA). the
central and provincial legislature were dissolved with the abrogation of the 1956
Constitution. Laws (Continuance in Force) order: Three days later the Laws (continuance
in Force) order was issued according to which all other laws except those of 1956
constitution were validated and also the jurisdiction of all courts were restored. Thus, law
(continuance in force) order 1958 was the NEW LEGAL ORDER, which replaced the old
legal order I-e the 1956 constitution. Some technical points: Followed by the imposition
of Martial Law some technical points raised in Dosso case throughout the country. a) if
Supreme Court would have upheld the decision of Lahore High Court in Dosso case, it
means the 1956 Constitution was still in force as Lahore high Court decided the case in
accordance with Article 5 and & 7 of the 1956 constitution.
K) 9. 9 b) And if 1956 constitution was still enforcing then what was the role of Martial law
regulation I-e Laws (continuance in Force) Order 1958. In short it would have been a
challenge to the Martial Law administration. Judgement of the supreme court: The
Supreme Court decided the case unanimously against the verdict of Lahore High Court.
The Supreme Court decision was based on the Hans Kelson's theory of legal positivism.
Main points/aspects of the judgment: 1)Legislation of 1958 martial law: The judgment
held that 1958 Martial law imposition is a kind of revolution (peaceful revolution) which
is not resisted or opposed by the common people; this clearly defines that the people are
happy with this change, thereafter this revolution or martial law is legal as long as it
satisfies the common people. 2)Recognition of Laws (continuance in force) order: The
Supreme Court held that the Laws (c0ntinuance in Force) order 1958 was the NEW
LEGAL ORDER and the validity of laws and the correctness in the judicial decisions
 would be determined according to it. 3)Restoration of FCR: The Supreme court also held
that as the 1956 constitution was abrogated therefore FCR 1901 was still in force in
accordance with the laws (continuance in force) order, 1958. 4) The Decision of LOYA
JRGA Is Valid: The court also made a reference to the decision of council of elders, that
its decision is valid and up to the mark. Critical Analysis/Commentary/Impacts of SC
verdict: 1)Recognition of ML: The judgement of SC recognized the ML as legal and
valid action; this had a far reaching effects on the political history of Pakistan. It opened
the gates for the future ML” s in the country; also the recognition of
L) 10. 10 ML provided with absolute powers in the hands of ML administrator who
generously used it for next 10-11 years. 2)Halt Democratic process: The verdict of SC
halted the democratic process of Pakistan which had recently been on the road after the
promulgation of 1st constitution of Pakistan on 23rd march 1923; and threw the country
onto the track of dictatorship. 3)Deprivation from Constitution: As a result of the
judgment, Pak was deprived from its 1st independent constitution framed and
promulgated after so much efforts, and a long struggle of 11 years. 4)Encouraged
Military intervention: The verdict of SC encouraged the subsequent military interventions
in the politics of Pakistan; which occurred three times I-e Gen; Yahiya 1967, Gen; Zia
1979 and finally Gen; Musharraf in 1999, after this sad event. These interventions
potently damaged the democratization in pak. 5) FCR Revalidated: The judgement of SC
revalidated the British Imperial legacy, the curse, I-e FCR; popularly known as black law,
in the tribal areas of Frontier and Balochistan; which is still enforced even today. Had it
not been declared as valid in 1958, the disturbances now in these regions would have not
been exist, if these people were brought under the arena of normal judicial system of
Pakistan. 6) Damaged Independence of Judiciary: The verdict was a serious blow to the
independence of judiciary. The judiciary was bound to render its services under the new
legal order of, Laws (continuance in force 11 oct,1958); even if the judges have to give
decisions against the basic principles of justice, they were bound to do so. 7) Curbing of
Appellate Jurisdiction:
M) 11. 11 The decision also took away the power of the courts to hear appeals against the
cases/actions of federal Govt. 8) Laughing stock for civilized world: The judgement
provided a laughing stock for civilized world on Pakistan; Because of the recognition of
ML on the basis of Hans Kilson outdated theory, which is an irrelevant principle. 9)
Judiciary Bow down in front of Executive: Once again the judiciary bowed down in front
of strong executive in this case. 10) Disturbed ties between East and west Pakistan: The
abrogation of 1956 constitution also led to the upset of agreements between East and
West Pakistan; which were resolved after long struggle under 1956 constitution. The
grievances of East Pakistan were almost pacified in 1956 consensus based constitution by
incorporating both Urdu and Bengali as national language etc. Had the ML was not
legalized at that time, we would have not lost East Pakistan.5 Conclusion: In this case the
Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified
 when the basic norm underlying a Constitution disappears and a new system is put in its
place. When revolution came then the old system will be replaced with new system. Usif
Patel and others v/s The Crown: (PLD 1955 FC 387) Court: Federal Court of Pakistan
Present: 1. Chief Justice Mr. Muhammad Munir 2. Justice Mr. S. M. Akram 3. Justice
Mr. A. R. Cornelius 4. Justice Mr. Muhammad Sharif 5 http://www.cssforum.com.pk/css-
optional-subjects/group-vi/constitutional-law/98162-state-v-s-dosso-case- updated.html
N) 12. 12 5. Justice Mr. S. A. Rahman Introduction: The actions of governor general came
for discussion before the Federal Court in Yousef Patel vs Crown case. The court while
dealing with the case criticized the action of the governor general in enacting
Constitutional legislation and in setting up a constitutional convection as being beyond
his powers. A severe blow for governor general’s effect: This judgment was a severe
blow for the governor general efforts to revalidate the invalid laws and make
constitutional provisions through an ordinance. Filing of a reference in federal court by
governor general: As the country was facing the severe constitutional cases, governor
general therefore filed a reference in the federal court of Pakistan. He sought the court's
opinion on the following points. Whether constituent assembly was rightly dissolved by
the governor general? Whether the constituent assembly convention proposed to be setup
by the governor general will be competent to exercise the power conferred on the
constituent assembly by the Indian independence act,1947? Opinion of the federal court
of Pakistan: The court after careful consideration of the issues raised, came up with the
following details. Reference of the dissolution of the constituent assembly: Regarding the
dissolution of the constituent assembly the court said the dissolution had become
imperative as the constituent assembly had failed to frame the constitution for Pakistan in
reasonable time. Reference of the setting up of another constituent assembly: The court
further held that the dissolved constituent assembly was set up under an executive order
and not under law. Therefore, the new constituent assembly can also be setup by similar
order provided that it should be a representative body and the new constituent assembly
could
O) 13. 13 be competent to exercise all powers conferred by Indian independence act 1947.
Conclusion: The decision of the federal court of Pakistan set the turn for all the future
decisions. Governor general decision to dissolve the constituent assembly struck the first
serious blow to the weak democratic institution in Pakistan. This decision has deep
repercussion on the subsequent legal and constitutional development in Pakistan, the
fruits of which we have eaten for a number of time throughout in our constitutional
history. The federal court in order to make the governor general’s act valid through this
case declared as many as 46 laws null and void.6 Asma Jilani vs Federation of Pakistan
(PLD 1972 SC 139) Court: Supreme Court of Pakistan Present: 1. Chief Justice Mr.
Hamood ur Rehman 2. Justice Mr. Waheed ud Din Ahmad 3. Justice Mr. Muhammad
Yaqub Ali 4. Justice Mr. Salahud din Ahmad and 5. Justice Mr. Sajjad Ahmad
Introduction: Judiciary plays a very important role in the interpretation of the statutes and
 laws. The judiciary has a pivotal role in the development of law. It develops law by
giving judgments which become precedents. So precedents may be regarded as source of
law. In Pakistan to the superior Courts gave judgments which became precedents. There
have been a lot of important and leading cases in the history of Pakistan. Asma Jilani vs
Government of the Punjab case is one of them. 6 http://www.cssforum.com.pk/css-
optional-subjects/group-vi/constitutional-law/26830-imp-const-law-cases- pakistan.html
P) 14. 14 Facts of case: The facts of the Asma Jalani v/s Government of Punjab case are
following: 1. Challenge of Malik Altaf Gauhar’s Detention The appeals were filed
because of the detention of Malik Altaf Gauhar and Malik Ghulam Gillni. The detention
of both of them was challenged. 2. Persons challenged the detention The persons who
challenged the detention were Miss Asma Jilani who filed appeal for the release of Malik
Ghulam Jilani and the other one was Zarina Gauhar who filed appeal for the release of
her husband Altaf Gauhar. 3. Court in which Petition filed The writ petition was filed by
Asma Jilani in the Lahore High Court for release of her father Ghulam Jillani and Mrs.
Zarina Gohar filed an appeal in Sindh-Balochistan High Court. 4. Law under which Mr.
Altaf Detained Altaf Gauhar and Malik Ghulam Jilani were detained under Martial Law
Regulation No. 78 of 1971. Principles of law or rule of law: Following are the Principles
of law or Rule of law i. Principle laid down in State Vs Dosso It was held in this appeal
that principles, which were laid down in State vs Dosso, were not justified. ii.
Constitution of Pakistan 1962 It was settled in this appeal that courts gave full effect to
constitution of 1962, and all laws made and acts of various civil and military
governments became lawful and valid due to that recognition, which constitution of 1962
and courts gave them. iii. Court Duty
Q) 15. 15 It was held in this appeal that court’s judicial function was to adjudicate upon a
real and present controversy, which a litigant raised before it, and if litigant did not chose
to raise a question, it was not for court to raise it suo motu. iv. Bias in Judge It was settled
in this appeal that mere association with drafting of a law could not disqualify a judge
from interpreting that law in light of those arguments, which presented before him. v.
Jurisdiction It was held in this appeal that superior courts are judge of their own
jurisdiction. vi. Proclamation of Martial Law It was decided in this appeal that General
Yahiya Khan’s proclamation of martial law was illegal. vii. Doctrine of Necessity
Although doctrine of necessity was once again pleaded to defend military regime of
General Yahiya Khan, yet same was rejected through judgment of this appeal.
Conclusion: To conclude, it can be stated that judgment of case of Miss Asma Jillani was
though announced after end of General Yahiya Khan’s rule, yet it initially led to end of
Bhutto’s martial law and finally it paved way for restoration of democracy and for
adoption of constitution of 1973.7 Begum Nusrat Bhutto vs COAS: (PLD 1977 SC 657)
Court: Supreme Court of Pakistan Present: 1. Chief Justice Mr. Anwar ul Haq 2. Justice
Mr. Waheed ud Din Ahmad 7 https://asc-lawforum.blogspot.com/2016/02/case-law-
asma-jilani-vs-federation-of.html
R) 16. 16 3. Justice Mr. Muhammad Haleem 4. Justice Mr. Safdar Shah 5. Justice Mr.
Muhammad Afzal Cheema 6. Justice Mr. Dorab Petel 7. Justice Mr. Muhammad Akram
8. Justice Mr. Naseem Hassan Shah and 9. Justice Mr. Qaisar Khan Introduction: After
independence of Pakistan, Pakistan is weal political institution, powerful Army, several
military coups and infamous Article 58(2)(b) of Constitution of Pakistan 1973. Due to
these factors, the constitution development was stop in Pakistan. Judiciary plays an
important role in the interpretation of statutes and laws. These have been a lot of
important and leading case in the History of Pakistan. Begum Nusrat Bhutto vs Chief of
Army Staff and Federation of Pakistan case in one of them. Facts of Case: Following are
the facts of case of Begum Nusrat Bhutto vs Chief of Army Staff i. Allegation of Official
Interference with Elections of 1977 Opposition parties alleged that there was official
interference with elections of 1977 in favour of ruling party of Prime Minister Zulfiqar
Ali Bhutto. ii. Anti Bhutto Movement Opposition parties never accepted results of
elections of 1977. Therefore, they started anti-Bhutto movement. iii. Military Coup Prime
Minister Zulfiqar Ali Bhutto’s dialogues with opposition leaders failed to stop military
interference, and eventually General Zia-ul-Haq dismissed his government through
military coup and imposed martial law. iv. Arrest of Zulfiqar Ali Bhutto
S) 17. 17 With imposition of martial law, Zulfiqar Ali Bhutto was arrested. v. Release of
Zulfiqar Ali Bhutto After some days, military government released Zulfiqar Ali Bhutto.
vi. Re-arrest of Zulfiqar Ali Bhutto After his release, Zulfiqar Ali Bhutto started public
campaign, and this campaign eventually caused not only his re-arrest, but also arrest of
his colleagues. vii. Institution of Case Against re-arrest of Zulfiqar Ali Bhutto, Begum
Nusrat Bhutto filed this case against Chief of Army Staff. Decision of the Supreme
Court: Following are the decision of the Supreme Court i) Rectification of Objections It
is clear that objection is only in the nature of technicality. The Chief of Army Staff is also
CMLA and the objection could be rectified by adding words CMLA to the description of
respondents as stated in petition. ii) Kelsen’s Theory The theory of revolution legality can
have no application to situation where the breach of legal continuity is admitted to be of
purely temporary nature and for specified limited purpose. It will be inappropriate to seek
to apply Kelsen’s theory to such transient and limited change in legal continuity of
country thus giving rise to unwarranted consequences of far reaching character not
intended by those responsible for temporary change. iii) Failure to maintain Law and
Order The Prime Minister faced difficulty to maintain law and order. There was political
crisis in country leading to constitutional breakdown. A situation had arisen for which
Constitution provided no situation. It was in these circumstances that Chief of Army Staff
General Muhammad Zia-ul-Haq intervened to save country from chaos and bloodshed to
T) 18. 18 safeguard integrity of Pakistan and to separate warring factions, which brought
country to brink disaster. vi) Arrangement of Fair Election Chief Martial Law
Administrator has stepped in for a temporary period and for purpose of arranging fair
election. v) Jurisdiction of (Law continuous in force order) The Chief Martial Law
 Administrator was justified in providing in Article 2(3) of Law (Continuous in Force)
Order 1977 that right to enforce fundamental rights shall be suspended. Conclusion: To
conclude that Martial law as enforced due to state necessity and for the welar4e of
people. The Supreme Court gave decision in favor of federation.8 Syed Zafar Ali Shah
and others v/s Chief Executive of Pakistan and others: (PLD 2000 SC 869) Court:
Supreme Court of Pakistan Present: 1. Chief Justice Mr. Irshad Hasan Khan 2. Justice
Mr. Muhammad Bashir Jehangiri 3. Justice Mr. Sh. Ijaz Nisar 4. Justice Mr. Abdur
Rehman Khan 5. Justice Mr. Sh.Riaz Ahmed 6. Justice Mr. Ch. Muhammad Arif 7.
Justice Mr. Munir A. Sheikh 8. Justice Mr. Rashid Aziz Khan 9. Justice Mr. Nazim
Hussain Siddiqui 10. Justice Mr. Iftikhar Muhammad Chaudhary 11. Justice Mr. Qazi
Muhammad Farooq 12. Justice Mr. Rana Bhagwan Das 8
http://thelawstudy.blogspot.com/2015/02/case-law-begum-nusrat-bhutto-vs-coas.html
U) 19. 19 Case: Following ouster of Muhammad Nawaz Sharif on October 12, 1999, the
Supreme Court was moved through Zafar Ali Shah case “Zafar Ali Shah vs General
Pervez Musharraf” 2000 SCMR 1137. The Supreme Court led by Justice Arshad Hasan
Khan and also including Justice Iftikhar Muhammad Chaudhry not only “rejected” the
petition but also empowered the fourth dictator of Pakistan to himself amend the
constitution a relief which was not even sought. This black judgement pushed Pakistan
into a blind alley. The backbone of country’s economy was broken and incompetent
dictators and his associates played havoc with country’s energy and all other sectors.
Pakistan became one of the leading countries worst hit by terrorism. No plans were made
to meet electricity shortage and future gas requirements. Pakistan was facing 12 to 18
hours’ daily load shedding the day country got rid of the fourth dictator.

V) Election Commission of Pakistan

Article: 218 Election Commission

218. Election Commission.—1[(1) For the purpose of election to both Houses of Majlis-e-
Shoora (Parliament), Provincial Assemblies and for election to such other public offices as
may be specified by law, a permanent Election Commission shall be constituted in
accordance with this Article.]

2[(2) The Election Commission shall consist of,—

(a) the Commissioner who shall be the Chairman of the Commission; and

3[(b)four members, one from each Province, each of whom shall be a person who has been
a judge of a High Court or has been a judge of a High Court or has been a senior civil
servant or is a technocrat and is not more than sixty-five years of age, to be appointed by
the President in the manner provided for appointment of the Commissioner in clauses (2A)
and (2B) of Article 213.

Explanation.—“senior civil servant” and “technocrat” shall have the same meaning as
given in clause (2) of Article 213.]

(3) It shall be the duty of the Election Commission 4[****] to organize and conduct the election
and to make such arrangements as are necessary to ensure that the election is conducted honestly,
justly, fairly and in accordance with law, and that corrupt practices are guarded against.

______________________________________________________________________________
___

Footnotes:

1. Section 80(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010),
substituted clause (1) of Article 218, in its present form, (w.e.f. April 19, 2010), in place
of the said clause first substituted in 2002. Section 10 of the Constitution (Seventeenth
Amendment) Act, 2003 (3 of 2003), (now repealed), had validated the substitution of
clause (1) of Art. 218, (w.e.f. December 31, 2003). Item 21 of the schedule to LFO
(C.E.O. No. 24 of 2002), had substituted clause (1) of Art. 218, (w.e.f. August 21, 2002),
that read :

(1) For the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial
Assemblies and for election of such other public offices as may be specified by law or until such
law is made by the Majlis-e-Shoora (Parliament) by Order of the President, a permanent Election
Commission shall be constituted in accordance with this Article.

Clause (1) of Art. 218, as adopted in 1973, read :

“(1) For the purpose of each general election to the National Assembly and to a
Provincial Assembly, an Election Commission shall be constituted in accordance with this
Article.”

2. 2. Section 80(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010),
substituted clause (2) of Article 218, in its present form, (w.e.f. April 19, 2010), in place of the
clause as adopted in 1973 that read :

 The Election Commission shall consist of,–

(a) the Commissioner who shall be Chairman of the Commission; and

(b) a[four] members, each of whom shall be a Judge of a High Court, b[from each
Province] appointed by the President after consultation with the Chief Justice of the High Court
concerned and with the Commissioner.

a-b. Section 80(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), adopted
the said words by substitution of clause (2) of Art. 218, (w.e.f. April 19, 2010). Section 10 of the
Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), had validated the
substitution and insertion, respectively, of the words in paragraph (b) of clause (2) of Art. 218,
(w.e.f. December 31, 2003). Item 21 of the schedule to LFO (C.E.O. No. 24 of 2002), had
substituted the said word, in place of the word “two” in paragraph (b) of clause (2) of Art. 218
and inserted the said words therein, (w.e.f. August 21, 2002).

Section 5 of the Constitution (Amendment) Order, 2007, President’s Order No. 5 of 2007 (P.O.
No. 5 of 2007), promulgated by President Musharraf, in the period of unconstitutional rule
(between November 3, 2007 and December 15, 2007), w.e.f. November 20, 2007, purported to
substitute the word “Five”, in place of the word “Four” and insert the words “and Islamabad
Capital Territory” after the word “Province” in paragraph (b) of clause (2) of Article 218 of the
Constitution.

As P.O. No. 5 of 2007, including the said purported Amendment, was not validated by the
Parliament, after the general elections of 18th of February, 2008, it was held to be void ab initio
and of no legal effect in the Short Order dated 31st of July, 2009 and the detailed judgment of the
Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009 Sindh High Court Bar
Association v/s Federation of Pakistan and others.

3. Section 8 of the Constitution (Twenty-second Amendment) Act, 2016, (XXV of 2016),

substituted paragraph (b) of clause (2) of Art. 218, (w.e.f. June 9, 2016), in place of paragraph
(b) of clause (2) of Art. 218, as adopted by the Constitution (Eighteenth Amendment) Act, 2010
(10 of 2010), (w.e.f. April 19, 2010). The said substituted clause read :

“(b) four members, each of whom has been a Judge of a High Court from each Province,
appointed by the President in the manner provided for appointment of the Commissioner in
clauses (2A) and (2B) of Article 213.”

4. Section 6 of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), omitted the
words “constituted in relation to an election”, from clause (3) of Art. 218, (w.e.f. February 28,
2012).

______________________________________________________________________________
___
Comparative Table of Article 218 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 : 153
Constitution of Pakistan 1956 : 137(1)(3)
Constitution of India 1950: 324
Government of India Act 1935: —

______________________________________________________________________________
___

Leading & Latest Cases on Article 218 of the Constitution of Pakistan, 1973 :

AITZAZ AHSAN AND

P L D 1989 SC 61 FEDERATION OF PAKISTAN
ANOTHER
ELECTION COMMISSION OF
P L D 1989 SC 396 JAVAID HASHMI AND OTHERS
PAKISTAN
SHAD MUHAMMAD KHAN,
MEMBER PROVINCIAL
P L D 1995 SC 66 SABIR SHAH
ASSEMBLY NWFP AND
ANOTHER
ELECTION COMMISSION OF
P L D 2013 SC 120 IMRAN KHAN AND OTHERS
PAKISTAN AND OTHERS

Council of Common Interest

W) Article: 153 Council of Common Interests

153. Council of Common Interests.—(1) There shall be a Council of Common Interests, in

this Chapter referred to as the Council, to be appointed by the President.

1[(2)
The Council shall consist of—(a) the Prime Minister who shall be the Chairman of the
Council;

(b) the Chief Ministers of the Provinces; and

(c) three members from the Federal Government to be nominated by the Prime Minister
from time to time.]
2[(3)] Omitted.
(4) The Council shall be responsible to 3[Majlis-e-Shoora (Parliament) 4[and shall submit an
Annual Report to both Houses of Majlis-e-Shoora (Parliament)] ].

Footnotes:

X) 1. Section 54(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010),
substituted clause (2) of Art. 153, in its present form, (w.e.f. April 19, 2010). The
substituted clause (2) of Art. 153, as adopted in 1973, that read :
Y) (2) The members of the Council shall be–
Z) (a) the Chief Ministers of the Provinces, and
AA) (b) an equal number of members from the Federal Government to be nominated
by the Prime Minister from time to time.
BB) 2. Section 54(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of
2010), omitted clause (3) of Art. 153, (w.e.f. April 19, 2010). The deleted clause (3) of
Art. 153, as adopted in 1973, that read :
CC) (3) The Prime Minister, if he is a member of the Council, shall be the Chairman
of the Council but, if at any time he is not a member, the President may nominate a
Federal Minister who is a member of the Council to be its Chairman.
DD) 3. See Footnote 2 on page 4.
EE) 4. Section 54(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of
2010), added the said words, after the word “(Parliament)” occurring in the brackets, at
the end of clause (4) of Art. 153, (w.e.f. April 19, 2010).
FF)

Comparative Table of Article 153 of the Constitution of Pakistan, 1973 :

Constitution of Pakistan 1962 : —

Constitution of Pakistan 1956 : 130

Constitution of India 1950: 263

Government of India Act 1935: 135

Leading & Latest Cases on Article 153 of the Constitution of Pakistan, 1973 :

P L D 1991 KHALID MALIK AND FEDERATION OF PAKISTAN AND

KARACHI 1 OTHERS OTHERS

P L D 1993 SC 473 MUHAMMAD NAWAZ PRESIDENT OF PAKISTAN AND

 SHARIF OTHERS

Some Initiatives by the Commission for Implementation of the Eighteenth Amendment

17. The Commission took various initiatives to ensure timely implementation of various
provisions of the Eighteenth Amendment to the Constitution, which among others include:
 Notifying fresh composition of National Economic Council on May 26, 2010. Composition of
the National Economic Council before and after the advice of the Commission are placed at
Annex VI and Annex VII respectively;
 Amendments in the Rules of Business of the provincial governments so as to enable the
provincial government departments to deal with devolved functions and organisations;
 Drafting of provincial laws to replace or amend federal laws relating to devolved functions;
 Taking of fresh oaths by the Speakers of the Provincial Assemblies;
 Ensuring calendar of sessions of the Senate of Pakistan and the National Assembly in
accordance with the provisions of the Constitution, and
 Notifying fresh Rules of Procedure of the Council of Common Interests, with the prior
approval of the Council. The Rules of Procedure of the Council of Common Interests before and
after the intervention of the Commission are at Annex VIII and Annex IX, respectively.
18. The Commission also advised the Federal Board of Revenue to ensure that no taxation
proposal is processed in relation to a subject that is not included in the Federal Legislative List or
which pertained to a subject that was included in the erstwhile Concurrent Legislative List.
19. On a reference from the Election Commission of Pakistan, the Commission was informed of
the need for fresh appointment of members of the Election Commission of Pakistan in terms of
Clauses 2(A) and 2(B) of Article 213, as the existing members of the Election Commission of
Pakistan had ceased to hold office from the date of commencement of the Constitution
(Eighteenth Amendment) Act, 2010.
20. The Commission went through the Constitution (Eighteenth Amendment) Act, 2010, clause
by clause and identified relevant provisions which should be conveyed to various offices for their
information and necessary action. These extracts were accordingly sent to the President’s
Secretariat, the Prime Minister’s Secretariat, the Chairman of the Senate, the Speaker of the
National Assembly, the Governors and Chief Ministers of the provinces, the Speakers of the
Provincial Assemblies, and the Chief Secretaries of all the provinces. On the advice of the
Commission, all provinces promulgated laws governing industrial relations so as to fill the void
created by lapsing of the Industrial Relations Act, 2008, in April 2010 due to a sundown clause.
21. In addition, the Commission restrained the Ministries/Divisions and their subordinate
organisations that were subject to devolution from creating fresh liabilities or making
appointments or processing cases of promotion that could create liabilities for the government
after completion of the process of devolution. The restriction on making fresh appointments was
imposed in view of the fact that a number of Ministries/Divisions and subordinate organisations
were likely to be wound up, thereby rendering the employees surplus. Accordingly, vacancies
had to be preserved for dislocated employees. The Commission did permit fresh appointments in
some organisations in the interest of work.
Briefing to the Council of Common Interests
22. In the meeting of the Council of Common Interests (CCI) held on July 18, 2010 under the
Chairmanship of the Prime Minister, a summary on “Implementation of Eighteenth
Amendment” was included as one of the agenda items of the meeting.
The Council was briefed about the relevant constitutional provisions, the setting up of the
Implementation Commission and actions taken till that time by the Commission to implement
the constitutional amendments. Progress regarding composition of Implementation/Coordination
Cells in the provinces, and the status on promulgation of Industrial Relations Ordinance/Act was
brought to the notice of the Council. The Council was also briefed on the future plan of action of
the Commission.
Actions taken by the Commission
23. The Commission in its first meeting held on May 5, 2010 evolved a strategy to initiate the
spadework for the smooth transition of the devolution process. Ministries/ Divisions that were
likely to be affected by the abolition of the Concurrent List were asked to undertake a self-
appraisal exercise of their activities and inform the Commission about transition consequences
and suggest a road map for devolution.
The Establishment Division was advised to give a broad overview of the effects on the transfer
of officers and staff of the ministries whose activities were to be devolved to the provinces.
24. In order to sensitise the bureaucracy on the consequences of the Eighteenth Amendment, the
Chairman of the Implementation Commission held a meeting with the Federal Secretaries on
May 20, 2010. Issues that were raised during the meeting and suggestions made by the Federal
Secretaries pertaining to the devolution process were shared with the members of the
Commission in the second meeting of the Implementation Commission held on May 28, 2010.
25. The Commission approved the Rules of Procedure of the Implementation
Commission on June 8, 2010. The draft Rules of Procedure of the Council of
Common Interests were also cleared with some modifications for vetting by the Law
Division and for seeking approval of the Prime Minister to place these on the agenda
of the next meeting of the Council of Common Interests. The said Rules were
approved by the Council in its meeting held on July 18, 2010.
26. During the course of its deliberations over a period of thirteen months, the Commission
constituted a number of sub-committees or expert panels to submit recommendations to the
Commission on laws/rules to be amended or enacted as a consequence of devolution, adjustment
of employees that would be rendered surplus after winding-up of various Ministries/Divisions
and subordinate organisations, making budgetary provisions for clearing liabilities of devolved
organisations, creating a Devolution Cell under the Cabinet Division to administer assets of
devolved Ministries/Divisions and subordinate organisations, distribution of such assets and
allocation of buildings or offices of devolved organisations to other Federal Government
organisations. The Commission also appointed a sub-committee to examine the legal,
administrative and financial aspects relating to the transfer of employees of different categories
and to suggest measures including amendments in laws, rules and regulations, for their
absorption and career progression.
Aspects of Devolution
27. In order to have a focused approach, the Commission decided to examine the following three
dimensions of devolution:
 Financial --- pertaining to management of projects and other assets and liabilities;
 Administrative --- pertaining to transfer of manpower and question of their absorption or
being on deputation;
 Legal --- framing of new laws and rules by the provinces to manage devolved functions and
activities, and
 International --- impact of devolution on international treaties, conventions and agreements
signed and/or ratified by the Government of Pakistan and honouring of such diplomatic or
international obligations.

PAPER-3

CIVIL LAW

Q1; Discuss Estoppel and compare it with “alternative plea” in criminal proceeding?

Q2, what are the remedies available to a Civil Servant against dismissal from services.
Discuss the relevant legal provision?

Q3, when can land in private ownership be acquired. Discuss the relevant law . what kind
of land cannot be acquired?

Q4; write short notes on:

a) Burden of proof
b) Presumptions
c) Temporary Injection
d) Interlocutory order