1973 Constitutions MCQS

The concept of "due process of law" ensures fairness and justice in legal proceedings, protecting individuals from arbitrary state action. In the context of many constitutions, including Pakistan's, several articles collectively embody this principle.

• Article 4 ensures individuals are dealt with in accordance with the law.
• Article 9 guarantees the security of person, stating no one shall be deprived of life or liberty save in accordance with law.
• Article 10A explicitly provides for the right to a fair trial.

Therefore, All of these articles contribute to the comprehensive framework of due process.

Constitutional amendments are the formal process by which fundamental rights are added, modified, or removed from a country's supreme law. The right to a fair trial, enshrined as Article 10A, is a significant addition to ensure justice.

• The 18th Amendment to the Constitution of Pakistan, passed in 2010, was a landmark amendment that introduced Article 10A, guaranteeing the right to a fair trial. This amendment brought significant reforms to the constitutional structure.
• The 8th, 20th, and 21st Amendments dealt with other constitutional matters and did not introduce Article 10A.

Article 14 of many constitutions, including Pakistan's, is fundamental to upholding human dignity and preventing inhumane treatment. It specifically addresses protections against certain abuses.

• Torture for extracting evidence is explicitly prohibited under Article 14, which states that the dignity of man and, subject to law, the privacy of home, shall be inviolable. This directly outlaws torture for investigative purposes.
• Arbitrary detention is primarily covered by Article 10.
• Forced exile relates more to freedom of movement, typically covered by Article 15.
• Retrospective punishment (ex post facto laws) is generally prohibited under Article 12.

Article 18 of the Constitution of Pakistan deals with the freedom of trade, business, or profession. It grants every citizen the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business, subject to such qualifications, if any, as may be prescribed by law. This article inherently balances economic freedom with the necessity of regulation by law to ensure public interest, fair competition, and order.

• Article 18 (Correct): Directly addresses the right to freedom of trade, business, or profession, allowing for regulation by law.
• Article 19 (Incorrect): Pertains to freedom of speech and expression.
• Article 20 (Incorrect): Deals with freedom to profess religion and to manage religious institutions.
• Article 21 (Incorrect): Relates to safeguards against taxation for the purposes of any particular religion.

Article 22 of the Constitution of Pakistan provides safeguards as to educational institutions in respect of religion. Specifically, it states that no person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. This protects minorities from being compelled to study or participate in religious practices not aligned with their faith.

• Article 22 (Correct): Explicitly protects individuals, especially minorities, from compulsory religious instruction or participation in ceremonies of a religion other than their own in educational institutions.
• Article 20 (Incorrect): Guarantees freedom to profess religion and manage religious institutions.
• Article 21 (Incorrect): Prohibits taxation for the promotion of any particular religion.
• Article 23 (Incorrect): Deals with provision as to property.

Freedom of trade, business, or profession is given in: Article 18

The correct answer is 19. The right to freedom of speech and expression is guaranteed under Article 19 of the Constitution of India. This fundamental right allows citizens to express their views and opinions freely, subject to reasonable restrictions for the sovereignty and integrity of the country, security, public order, etc.

• Article 20: Protection from conviction for offenses.
• Article 21: Protection of life and personal liberty.
• Article 22: Protection against arrest and detention.

Therefore, the correct article number is 19.

Right to Information is given under Article 19A

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Article 21 of the Indian Constitution protects citizens from being compelled to pay taxes for the promotion or maintenance of any particular religion.

Article 22 of the Constitution provides safeguards against forced religious instruction. This fundamental right ensures that no person attending any educational institution shall be required to receive religious instruction if it is against their will or the will of their guardian. This upholds the principle of religious freedom and secularism.

• Forced religious instruction is correct because Article 22 specifically addresses this.
• Forced taxation is incorrect; taxation is a state power, not directly covered by Article 22's safeguards.
• Forced labour is incorrect; this is typically addressed by other articles related to exploitation, not Article 22.
• Forced exile is incorrect; this relates to freedom of movement and residence, not religious instruction.

The right to acquire, hold, and dispose of property is enshrined in Article 23 of the Constitution. This article guarantees citizens the freedom to own and manage their property, subject to reasonable restrictions imposed by law in the public interest. It is a crucial aspect of economic liberty.

• Article 23 is the correct answer as it explicitly deals with property rights.
• Article 22 is incorrect; it pertains to safeguards regarding religious instruction.
• Article 24 is incorrect; it typically deals with protection against double punishment and self-incrimination.
• Article 25 is incorrect; it relates to the inviolability of dignity of man, etc.

Article 4 is often referred to as the "Supremacy of Law" Article because it declares that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. It emphasizes that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. This establishes the rule of law.

• Article 4 correctly embodies the principle of supremacy of law.
• Article 5 is incorrect; it deals with loyalty to the State and obedience to the Constitution.
• Article 6 is incorrect; it defines high treason.
• Article 7 is incorrect; it relates to the definition of the State.

The fundamental duty stating that "Loyalty to the State is the basic duty of every citizen" is explicitly mentioned under Article 5(1) of the Constitution. This article outlines the duties of citizens, emphasizing their allegiance to the nation and obedience to the Constitution and law. It forms a cornerstone of civic responsibility.

• Article 5(1) is the correct provision for this duty.
• Article 3 is incorrect; it typically deals with the elimination of exploitation.
• Article 6(2) is incorrect; it defines who is a person guilty of high treason.
• Article 7 is incorrect; it defines the State.

According to the Constitution, disobedience to the Constitution, particularly through abrogation or subversion, is treated as High Treason. Article 6 specifically defines high treason as any person who abrogates or attempts or conspires to abrogate, subvert or attempts or conspires to subvert the Constitution by use of force or show of force or by any other unconstitutional means. This provision safeguards the constitutional order.

• High Treason is the precise legal term used in the Constitution for such an act.
• Violation is too general; while it is a violation, "High Treason" is the specific and severe legal classification.
• Crime is also too general; High Treason is a specific type of crime with severe implications.
• Contempt is incorrect; contempt usually refers to disrespect towards a court or legislative body, not the Constitution itself in this context.

This question relates to the principle of legality in criminal law, specifically the prohibition of ex post facto laws. Article 12 correctly ensures that no law shall prescribe punishment for an act done before that law came into force, protecting individuals from arbitrary legal changes. This fundamental concept prevents retroactive application of criminal statutes.

• Option A (Article 11) prohibits slavery, forced labor, and child labor.
• Option C (Article 13) provides protection against double punishment and self-incrimination.
• Option D (Article 14) guarantees the inviolability of the dignity of man and privacy of home.

Thus, Article 12 is specifically designed to prevent retrospective criminal penalties.

This question addresses crucial aspects of due process and fair trial rights within criminal justice. Article 13 is the correct answer as it provides protection against double punishment (double jeopardy), meaning a person cannot be tried or punished twice for the same offense. It also safeguards against self-incrimination, ensuring individuals cannot be compelled to testify against themselves.

• Option A (Article 12) ensures protection against retrospective punishment.
• Option C (Article 14) guarantees the inviolability of the dignity of man and privacy of home.
• Option D (Article 15) deals with the right to freedom of movement.

Therefore, Article 13 directly covers these vital protections in criminal proceedings.

Article 1 of the Constitution of Pakistan defines the territory of Pakistan. It states that Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, and its territory shall comprise the Provinces, the Federal Capital (Islamabad), and such States and Territories as are or may be included in Pakistan, whether by accession or otherwise. Historically, this included Federally Administered Tribal Areas (FATA) which have since been merged with Khyber Pakhtunkhwa, but the foundational definition in Article 1 covers these broad categories.

• Provinces + Federal Capital + Tribal Areas (Correct): Article 1 broadly defines Pakistan's territory to include the provinces, the Federal Capital, and other territories, which historically encompassed tribal areas.
• Provinces only (Incorrect): This is an incomplete definition.
• Provinces + Gilgit-Baltistan only (Incorrect): While Gilgit-Baltistan is part of Pakistan, this option is not the comprehensive definition provided by Article 1.
• Provinces + FATA only (Incorrect): FATA was part of the "Tribal Areas" but this option is not as comprehensive as the correct one, especially considering the Federal Capital.

This question focuses on fundamental rights related to personal respect and privacy. Article 14 is the correct answer as it guarantees the inviolability of the dignity of man and the privacy of home. This article recognizes the inherent worth of every individual and protects their personal space from unwarranted intrusion, forming a cornerstone of personal liberty.

• Option A (Article 13) provides protection against double punishment and self-incrimination.
• Option C (Article 15) deals with the right to freedom of movement.
• Option D (Article 16) typically relates to the freedom of assembly.

Hence, Article 14 specifically upholds human dignity and the sanctity of one's private dwelling.

Article 2 of the Constitution of Pakistan explicitly declares Islam as the State religion of Pakistan. This is a fundamental provision that establishes the religious identity of the state. While other articles may relate to Islamic provisions, Article 2 is the direct declaration.

• Article 2 (Correct): Clearly states that Islam shall be the State religion of Pakistan.
• Article 2A (Incorrect): Incorporates the Objectives Resolution into the Constitution as a substantive part, which outlines principles including Islamic ones, but does not itself declare Islam as the state religion.
• Article 3 (Incorrect): Deals with the elimination of exploitation.
• Article 4 (Incorrect): Pertains to the right of individuals to be dealt with in accordance with law.

This question concerns a fundamental aspect of personal liberty and citizenship rights. Article 15 is the correct answer as it enshrines the right to freedom of movement. This allows citizens to move freely throughout the country, reside in any part thereof, and enter or leave the country, subject to reasonable restrictions imposed by law.

• Option A (Article 14) guarantees the inviolability of the dignity of man and privacy of home.
• Option C (Article 16) typically relates to the freedom of assembly.
• Option D (Article 17) often deals with the freedom of association.

Therefore, Article 15 specifically protects the essential right of individuals to move without undue hindrance.

The Objectives Resolution, passed in 1949, laid down the foundational principles for the future constitution of Pakistan. It was incorporated as a substantive part of the Constitution of Pakistan through Article 2A. This amendment, introduced by the Eighth Amendment in 1985, gave the Objectives Resolution a legally enforceable status, making it a guiding principle for the interpretation and application of the Constitution.

• Article 2A (Correct): This article specifically states that the principles and provisions set out in the Objectives Resolution are hereby made a substantive part of the Constitution.
• Article 2 (Incorrect): Declares Islam as the state religion.
• Article 2B (Incorrect): There is no Article 2B in this context that relates to the Objectives Resolution.
• Article 3 (Incorrect): Focuses on the elimination of exploitation.

The correct answer is 16. Article 16 of the Constitution of Pakistan guarantees the fundamental right to freedom of assembly. This means citizens have the right to assemble peacefully and without arms, subject to reasonable restrictions imposed by law in the interest of public order.

• Article 15 pertains to freedom of movement throughout Pakistan.
• Article 17 deals with freedom of association, allowing citizens to form associations or unions.
• Article 18 ensures freedom of trade, business, or profession.

Therefore, only Article 16 specifically addresses the right to assemble.

Article 3 of the Constitution is a foundational principle that explicitly states the State shall ensure the elimination of all forms of exploitation. This article aims to establish social and economic justice by preventing any individual or group from exploiting another.

• Option B (3) is correct because it directly addresses the constitutional provision for the elimination of exploitation.
• Option A (2A) refers to the Objectives Resolution, which is part of the Constitution but does not specifically detail the elimination of exploitation.
• Option C (4) guarantees the right of individuals to be dealt with in accordance with law.
• Option D (6) defines High Treason.

Therefore, Article 3 is the precise constitutional reference for this principle.

The correct answer is Form associations or unions. Article 17 of the Constitution of Pakistan explicitly grants citizens the fundamental right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan, public order or morality.

• 'Move freely' is covered by Article 15 (Freedom of Movement).
• 'Choose profession' is covered by Article 18 (Freedom of Trade, Business or Profession).
• 'Speak freely' is covered by Article 19 (Freedom of Speech).

Thus, Article 17 is solely focused on the right to association.