Question Bank – Week 1
1 List down themain topics/areas coveredunder thefollowing parts of theConstitution
of the Islamic Republic of Pakistan1973:
(a) Part III -TheFederation ofPakistan (02)
(b) Part VI - Finance, Property,Contracts and Suits (02)
2 Briefly describe how an Ordinance is promulgated in Pakistan and what is the effect
of such Ordinance. (04)
3 What isa delegated legislation? Stateone disadvantage ofa delegated legislation. (02)
4 Specify Pakistan's system of government and identify Senate's role in the legislation
process. (05)
5 (a) Briefly describehow delegated legislation takesplace and also describe how
control isexercised over delegated legislation. (04)
(b) What is the process of legislation in case of a money bill when National Assembly is
in session? (02)
6 Identify thebasis of legal systemand explain themain sources of law inPakistan. (5)
SolutionBank – Week 1
1 (a) PartIII- The Federation of Pakistan include provisions related to:
â–  eligibility, term of office, powers, removal of President of Pakistan;
■ thePresident ofPakistan’sjob responsibilities and limitationssuchas
exercisingfunctions in accordance with the advice of the Cabinet or Prime
Minister;
â–  composition, duration and meetings of the Parliament and Senate;
â–  qualifications and disqualifications for membership of the Parliament;
â–  introduction and passing of bills.
Part VI - Finance, Property, Contracts and Suits include provisions of:
â–  distribution of revenues between the federation and the provinces;
â–  financial provisions such as exemption and imposition of certain taxes;
â–  borrowing by Federal and Provincial government;
â–  appointment, powers and functions of Auditor General of Pakistan;
â–  property, contracts, liabilities and suits.
2 Promulgation of an Ordinance in Pakistan:
In termsoftheconstitution, thePresident has power topromulgate Ordinances only
if theSenate or National Assembly isnot insession and thePresident issatisfied that
circumstancesexist which render it necessary to take immediate action.
The Ordinance as promulgated by the President has the same force and effect as
an Act of the Parliament.
However, within 120 days of its issuance, such Ordinance is required to be
presented or passed by the National Assembly in case of money bill and by both the
houses in case of all other bills, otherwise the Ordinance standsrepealed.
3 (b) Delegated Legislation:
In Delegated Legislation power is given to an Executive (a minister or public body
to make subordinate or delegated legislation for specified purposes only).
Disadvantages of delegated legislation:
ď‚§ The main criticism of delegated legislation is that it takes law making away
from the democratically elected members. Power to make law is given to
unelected civil servants and experts working under the supervision of a
government minister.
4 System of government:
SolutionBank – Week 1
Pakistan has a Federal Parliamentary Systemof government, with the President as
the Head of State and Prime Minister as Head of Government. The Federal
LegislatureisabicameralMajlis-e- Shoora(Parliament), composed of the President,
National Assembly(Lower House) and Senate (Upper House).
Roleof Senate:
The role of the Senate is to approve all statutes passed by the National Assembly
with the exception of money bills.
SolutionBank – Week 1
5 (a) In delegated legislation power is given to an executive (a minister or public
body to make subordinate or delegated legislation) for specified purpose only. For
example,localauthoritiesaregiven statutory powers to makebye-laws whichapply
within a specific locality.
Control over delegated legislation is exercised in following ways:
(i) Parliament exercises control over delegated legislation by restricting or
defining power to make rules
(ii) Rules made under delegated power to move legislation may be challenged in
the courts on the grounds of being ultravires.
(b) Legislation in case of a money bill when National assembly is in session:
Amoney billshall originate intheNational Assembly and after it has beenpassed by
theAssembly it shall, without being transmitted to the Senate, be presented to
the President for assent.
6 Basis of legal system in Pakistan:
The legal systemin Pakistan is based on theConstitution of Pakistan 1973 as wellas
Islamic law (Sharia).
Main sources of law in Pakistan:
Following are the main sources of law in Pakistan:
(i) Legislation: It is thelaw createdby the Parliament of the country and other
bodies to whom it has delegated authority.
(ii) Precedent:Precedent isa judgment or decision of a superior Court whichare
binding on the subordinate Courts.
(iii) Custom: Certain customs practices and beliefs are so vitaland intrinsic part of
a social and economic system that they are treated as if they were laws.
(iv) Agreement: Partiesin their agreement stipulate termsfor themselveswhich
constitute law for the contracting parties.

LEGAL SYSTEM WEEK 1.docx

  • 1.
    Question Bank –Week 1 1 List down themain topics/areas coveredunder thefollowing parts of theConstitution of the Islamic Republic of Pakistan1973: (a) Part III -TheFederation ofPakistan (02) (b) Part VI - Finance, Property,Contracts and Suits (02) 2 Briefly describe how an Ordinance is promulgated in Pakistan and what is the effect of such Ordinance. (04) 3 What isa delegated legislation? Stateone disadvantage ofa delegated legislation. (02) 4 Specify Pakistan's system of government and identify Senate's role in the legislation process. (05) 5 (a) Briefly describehow delegated legislation takesplace and also describe how control isexercised over delegated legislation. (04) (b) What is the process of legislation in case of a money bill when National Assembly is in session? (02) 6 Identify thebasis of legal systemand explain themain sources of law inPakistan. (5)
  • 2.
    SolutionBank – Week1 1 (a) PartIII- The Federation of Pakistan include provisions related to: ■ eligibility, term of office, powers, removal of President of Pakistan; ■ thePresident ofPakistan’sjob responsibilities and limitationssuchas exercisingfunctions in accordance with the advice of the Cabinet or Prime Minister; ■ composition, duration and meetings of the Parliament and Senate; ■ qualifications and disqualifications for membership of the Parliament; ■ introduction and passing of bills. Part VI - Finance, Property, Contracts and Suits include provisions of: ■ distribution of revenues between the federation and the provinces; ■ financial provisions such as exemption and imposition of certain taxes; ■ borrowing by Federal and Provincial government; ■ appointment, powers and functions of Auditor General of Pakistan; ■ property, contracts, liabilities and suits. 2 Promulgation of an Ordinance in Pakistan: In termsoftheconstitution, thePresident has power topromulgate Ordinances only if theSenate or National Assembly isnot insession and thePresident issatisfied that circumstancesexist which render it necessary to take immediate action. The Ordinance as promulgated by the President has the same force and effect as an Act of the Parliament. However, within 120 days of its issuance, such Ordinance is required to be presented or passed by the National Assembly in case of money bill and by both the houses in case of all other bills, otherwise the Ordinance standsrepealed. 3 (b) Delegated Legislation: In Delegated Legislation power is given to an Executive (a minister or public body to make subordinate or delegated legislation for specified purposes only). Disadvantages of delegated legislation:  The main criticism of delegated legislation is that it takes law making away from the democratically elected members. Power to make law is given to unelected civil servants and experts working under the supervision of a government minister. 4 System of government:
  • 3.
    SolutionBank – Week1 Pakistan has a Federal Parliamentary Systemof government, with the President as the Head of State and Prime Minister as Head of Government. The Federal LegislatureisabicameralMajlis-e- Shoora(Parliament), composed of the President, National Assembly(Lower House) and Senate (Upper House). Roleof Senate: The role of the Senate is to approve all statutes passed by the National Assembly with the exception of money bills.
  • 4.
    SolutionBank – Week1 5 (a) In delegated legislation power is given to an executive (a minister or public body to make subordinate or delegated legislation) for specified purpose only. For example,localauthoritiesaregiven statutory powers to makebye-laws whichapply within a specific locality. Control over delegated legislation is exercised in following ways: (i) Parliament exercises control over delegated legislation by restricting or defining power to make rules (ii) Rules made under delegated power to move legislation may be challenged in the courts on the grounds of being ultravires. (b) Legislation in case of a money bill when National assembly is in session: Amoney billshall originate intheNational Assembly and after it has beenpassed by theAssembly it shall, without being transmitted to the Senate, be presented to the President for assent. 6 Basis of legal system in Pakistan: The legal systemin Pakistan is based on theConstitution of Pakistan 1973 as wellas Islamic law (Sharia). Main sources of law in Pakistan: Following are the main sources of law in Pakistan: (i) Legislation: It is thelaw createdby the Parliament of the country and other bodies to whom it has delegated authority. (ii) Precedent:Precedent isa judgment or decision of a superior Court whichare binding on the subordinate Courts. (iii) Custom: Certain customs practices and beliefs are so vitaland intrinsic part of a social and economic system that they are treated as if they were laws. (iv) Agreement: Partiesin their agreement stipulate termsfor themselveswhich constitute law for the contracting parties.