1973 Constitutions MCQS

The correct answer is 96. The Senate of Pakistan, as of recent constitutional amendments (specifically after the 25th Amendment which merged FATA with Khyber Pakhtunkhwa and reduced its representation), consists of 96 members. These members are elected for a term of six years, with half of them retiring every three years. The Senate provides equal representation to all federating units, ensuring provincial equality in the legislative process.

• A: 60, C: 104, and D: 116 are incorrect. The number 104 was the strength before the 25th Amendment. The current strength is 96, reflecting the updated constitutional structure.

The correct term of office for the Chairman or Deputy Chairman of the Senate is three years from the day they enter office. This is a specific constitutional provision in many parliamentary systems, including Pakistan's, designed to ensure a degree of continuity and stability in the leadership of the upper house. The Senate itself is a continuous body, but its leadership terms are fixed.

• Two years is incorrect as it is shorter than the constitutionally mandated term.
• Four years is incorrect as it exceeds the specified term.
• Five years is incorrect and typically associated with the term of the National Assembly or the President, not the Senate's leadership.

Understanding these fixed terms is crucial for comprehending the structure and functioning of the legislative branch.

The minimum age requirement for a person to be elected or chosen as a member of the National Assembly of Pakistan is 25 years. This age is stipulated in the Constitution to ensure that individuals holding legislative office possess a certain level of maturity and experience deemed necessary for effective governance and representation.

• 21 years is incorrect; while it might be the voting age, it is not the age for National Assembly membership.
• 30 years is incorrect; this age is typically required for membership in the Senate, the upper house.
• 35 years is incorrect; this age is usually a requirement for higher offices like the President or Prime Minister.

These age requirements are fundamental to the eligibility criteria for holding public office.

If a member of a Parliamentary Party votes contrary to the direction issued by their party in relation to the election of the Prime Minister or Chief Minister, they are declared to have defected from the political party. This provision, often part of anti-defection laws, aims to maintain party discipline and prevent floor-crossing, especially during crucial votes like the election of the head of government.

• They are disqualified from being a member of the House is incorrect as defection is the immediate declaration, which then leads to potential disqualification after due process.
• They are required to resign from their membership is incorrect; resignation is not the automatic consequence, but rather the legal declaration of defection.
• They are allowed to continue as a member is incorrect, as the act of defection triggers specific legal consequences that threaten their membership.

This rule is vital for the stability of parliamentary democracy.

If the Election Commission confirms a member's declaration of defection from a Parliamentary Party (as implied by the context of the previous question), then the member's seat in the House becomes vacant. This is a direct and severe consequence of anti-defection laws, designed to penalize members who switch allegiance or defy party directives, thereby ensuring party loyalty and stability within the legislature.

• The seat remains unchanged is incorrect, as defection leads to the loss of the seat.
• The seat is contested again is incorrect as this is the subsequent step (by-election) after the seat has been declared vacant.
• The member is given a warning is incorrect; the consequence of confirmed defection is much more severe than a mere warning.

This mechanism is crucial for upholding party discipline and the integrity of the electoral process.

As per the Constitution of Pakistan, the condition for the validity of proceedings in Majlis-e-Shoora (Parliament) is the presence of a specific number of members. This is commonly known as the 'quorum'. A minimum number of members must be present for the proceedings to be considered legitimate and for any decisions or legislation to be validly passed. This ensures that decisions reflect a reasonable representation of the House.

• All is incorrect; requiring all members to be present would make parliamentary functioning impractical.
• The approval of the President is incorrect; while the President assents to bills, their approval is not a condition for the validity of general parliamentary proceedings.
• The presence of all members is incorrect for the same reason as 'All'; it's an impractical and unnecessary requirement.

The quorum rule is a fundamental aspect of parliamentary procedure.

The correct answer is 45 years. According to Article 41(1) of the Constitution of Pakistan, a person is qualified to be elected as President if they are a Muslim, not less than forty-five years of age, and qualified to be elected as a member of the National Assembly. This age requirement ensures that the individual holding the highest office has sufficient experience and maturity.

The other age options, 40 years, 50 years, and 55 years, are incorrect as they do not align with the specific constitutional provision for the minimum age qualification for the President of Pakistan.

The primary condition for a bill to be considered a Money Bill in Pakistan is its origin. According to the Constitution, it must originate in the National Assembly. This reflects the National Assembly's central role in controlling public finance.

• Option A is false because while the Senate reviews bills, Money Bills cannot be passed by the Senate in the same manner as ordinary legislation; its role is advisory and limited to recommendations.

• Option C is false because presidential approval is the final step for any bill to become law, not a condition for its classification as a Money Bill.

• Option D is false because while a Money Bill is indeed related to the financial obligations of the Federal Government, this describes its subject matter, not the procedural condition for its classification.

The correct answer is 5 years. According to Article 44(1) of the Constitution of Pakistan, the President shall hold office for a term of five years from the day he enters upon his office. This fixed term ensures stability and accountability in the highest executive position.

The other options are incorrect. A term of 3 years or 7 years does not correspond to the constitutional provision. A Lifetime appointment is contrary to democratic principles of fixed terms and regular elections, which are fundamental to a republican form of government.

The Constitution of Pakistan grants significant authority to the Speaker of the National Assembly regarding Money Bills. The Speaker's decision on whether a Bill is a Money Bill or not is final.

• Option A is false because the Speaker's decision is binding and cannot be overridden by the President or any other authority, ensuring clarity and preventing disputes.

• Option C is false as the Speaker's determination is an independent constitutional function, not subject to approval by the Federal Government.

• Option D is false because the Speaker plays a crucial and definitive role in certifying Money Bills, which is essential for parliamentary procedure and financial governance.

The power to grant pardon, reprieve, and respite, and to remit, suspend, or commute any sentence, is a fundamental prerogative of the head of state in many constitutional systems. In Pakistan, this power is vested in the President.

• President: As the symbolic head of the state, the President exercises these clemency powers to act as a final check on the judicial system, often on the advice of the government, ensuring justice and mercy. This is a constitutional power.
• Prime Minister: The Prime Minister is the head of government and exercises executive authority, but does not possess these specific clemency powers.
• Speaker of the National Assembly: The Speaker presides over the lower house of parliament and is responsible for legislative proceedings, not judicial clemency.
• Chairman of the Senate: The Chairman presides over the upper house of parliament, also a legislative role, without clemency powers.

The fund formed by all revenues received by the Federal Government, all loans raised by that Government, and all moneys received by it in repayment of any loan is known as the Federal Consolidated Fund. This is the principal government account where all major financial inflows are deposited.

• Option A is false because the Public Account of the Federation holds other public moneys, such as provident funds and trust moneys, which are not part of the main government revenues or loans.

• Option C is false as the Annual Budget Statement is a document presented to Parliament outlining the government's financial plans, not a fund itself.

• Option D is false because the National Assembly Fund is a specific fund for the expenses of the National Assembly, not the comprehensive fund for all federal government finances.

Constitutional procedures for the removal of a Prime Minister are typically governed by strict timelines to ensure both due process and efficiency. The question pertains to the initial step of transmitting the notice.

• 3 days: According to the constitutional provisions governing the removal of the Prime Minister, the Speaker is mandated to transmit the notice to the President within three days of its receipt. This short timeframe ensures that the process is initiated swiftly without undue delay.
• 7 days, 14 days, 30 days: These longer periods would introduce unnecessary delays into a critical constitutional process. The intent is to ensure prompt action once a notice for the Prime Minister's removal has been formally submitted to the Speaker.

According to the Constitution of Pakistan, a demand for a grant, which is a request for funds from the Federal Consolidated Fund, can only be made on the recommendation of the Federal Government. This ensures that the executive branch is responsible for proposing expenditures.

• Option A is false because provincial governments do not have the authority to recommend demands for grants from the Federal Consolidated Fund; their financial jurisdiction is separate.

• Option C is false because while the Prime Minister heads the Federal Government, the constitutional requirement specifies the recommendation of the 'Federal Government' as a collective entity, not solely the Prime Minister.

• Option D is false because demands for grants require a formal recommendation to maintain financial discipline and accountability, preventing arbitrary spending.

The President's role in a joint sitting, as the head of state, is distinct from that of a legislator. The Constitution defines specific rights that reflect this ceremonial and oversight capacity.

• To appear and be represented: The President, as the head of state, has the constitutional right to address or be represented in a joint sitting. This allows the President to convey their views or position on matters of national importance, maintaining a dignified and advisory role without directly participating in legislative voting.
• To vote: The President is not a member of the legislature and therefore does not have the right to vote in any parliamentary sitting.
• To dissolve the assembly: While the President has powers related to the dissolution of the assembly under specific circumstances, this is a separate executive function and not a right exercised during a joint sitting.
• To appoint the Prime Minister: This is an executive power exercised by the President after general elections, not a right during a joint sitting.

Article 58 of the Constitution of Pakistan empowers the President to dissolve the National Assembly. This power is a significant aspect of the parliamentary system, often exercised under specific constitutional conditions or on the advice of the Prime Minister.

• Option A is false because the President does not have the power to dissolve the Senate; the Senate is a continuous body and cannot be dissolved.

• Option C is false because while the President appoints the Prime Minister, direct removal of the Prime Minister is not a power granted under Article 58 in the manner implied; the Prime Minister can be removed through a vote of no-confidence or other constitutional means.

• Option D is false because suspending the Constitution is an extraordinary measure, typically associated with a state of emergency or martial law, and is not a power granted to the President under Article 58.

In a parliamentary democracy, the President typically acts on the advice of the Prime Minister. This constitutional provision sets a clear limit on the President's discretion, ensuring the smooth functioning of the executive branch and upholding parliamentary supremacy.

• 10 days: The Constitution of Pakistan specifies that the President must act in accordance with the advice of the Prime Minister within 10 days. This timeframe ensures that executive decisions are not unduly delayed, maintaining governmental efficiency while allowing a brief period for formal processing and consideration.
• 15 days, 30 days: These longer periods would allow for excessive delays, potentially hindering the government's ability to function effectively and implement policies in a timely manner.
• Immediately: While prompt action is often expected, a brief constitutional window allows for necessary administrative procedures and formal review, preventing impulsive actions and ensuring due process.

The correct answer is All of these. This principle ensures that a person cannot hold membership in more than one legislative body simultaneously, whether it's the Senate, National Assembly, or a Provincial Assembly. This rule is fundamental in many parliamentary systems to prevent conflicts of interest, maintain the distinct roles of each house, and ensure that members can fully dedicate themselves to one legislative role. Therefore, holding dual membership in any of the combinations listed (Senate and National Assembly, National Assembly and Provincial Assembly, or Senate and Provincial Assembly) is generally prohibited to uphold the integrity and functionality of the legislative process.

The correct answer is No. This question pertains to the constitutional immunity granted to the President regarding actions taken in their discretion. According to constitutional provisions, particularly in many parliamentary systems, the President enjoys certain immunities to ensure the smooth functioning of the executive and to protect the office from frivolous litigation. Actions performed by the President in their discretionary capacity are generally not subject to judicial review.

• A: Yes is incorrect because it contradicts the principle of presidential immunity for discretionary acts.
• C: Only in the Supreme Court and D: Only in the High Court are incorrect as they still imply judicial review, which is not applicable for discretionary presidential acts.

The correct answer is Simple majority of both Houses. In many parliamentary democracies, if the President returns a Bill to Parliament for reconsideration, the legislature can typically override this presidential action. To do so, the Bill must be passed again by a simple majority vote in both the National Assembly and the Senate. This mechanism ensures that while the President has a role in the legislative process, the ultimate authority to enact laws rests with the elected representatives in Parliament. Requiring a 2/3 majority is usually reserved for constitutional amendments, not for overriding a presidential return on ordinary legislation.

The correct answer is Speaker and Deputy Speaker. At its very first meeting after a general election, the National Assembly's primary constitutional duty is to elect its presiding officers. The Speaker presides over the sessions, maintains order, and represents the Assembly, while the Deputy Speaker performs these duties in the Speaker's absence. This election is crucial for the establishment of the legislative body's operational structure.

• A: Prime Minister is incorrect; the Prime Minister is elected by the National Assembly members from among themselves, but typically after the Speaker and Deputy Speaker are in place.
• C: President is incorrect; the President is elected by an electoral college comprising members of both houses of Parliament and provincial assemblies.
• D: Chief Justice is incorrect; the Chief Justice is appointed through a different process, not elected by the National Assembly.

The correct answer is Finance Minister. The Finance Minister is the cabinet member specifically tasked with managing the nation's financial affairs, including the preparation and presentation of the annual budget. This role involves outlining government revenue, expenditure, and economic policies to the National Assembly for approval. While the President is the head of state and the Prime Minister is the head of government, they delegate this specific responsibility to the Finance Minister. The Chairman Senate presides over the Senate and does not present the budget to the National Assembly.

The correct answer is 3. Article 54 of the Constitution of Pakistan mandates that there shall be at least three sessions of the National Assembly every year. This provision ensures that the legislative body meets regularly to conduct its business, including law-making, oversight of the executive, and deliberation on national issues. Regular sessions are fundamental for democratic accountability and effective governance.

• A: 1, B: 2, and D: 4 are incorrect as they do not align with the specific constitutional requirement outlined in Article 54, which explicitly states a minimum of three sessions annually.

The correct answer is By majority of the members present and voting. This is a fundamental principle of parliamentary democracy. Unless the Constitution specifically provides otherwise (e.g., for constitutional amendments requiring a two-thirds majority), decisions in the National Assembly are typically made by a simple majority of the members who are present and cast their vote. This ensures that the will of the majority prevails in legislative and other procedural matters.

• A: By a single member's decision is incorrect; this would be autocratic and not democratic.
• C: By the President's discretion is incorrect; the President is not involved in the day-to-day decision-making process within the Assembly.
• D: By a unanimous vote is incorrect; while desirable, unanimity is rarely achievable and not a constitutional requirement for most decisions.