CSS Academy Pakistan

CSS Academy Pakistan

CSS Academy Pakistan

Where Aspirations Meet Achievement

Discuss the issues and mistrust in US-Pakistan relations after the withdrawal of the US troops from Afghanistan.
Why did Pakistan join Western Defense Pacts? What cost it had to pay for that? Explain.
What is the volume of grants, aid and loans in Pakistan’s economy in the last ten years to stimulate the growth? Discuss.
Every state designs its foreign policy on its National interests rejecting feelings and emotions. Why did Pakistan prefer emotions, feelings and Ideology in its foreign policy? Also analyze its impact.
Evaluate the factional politics of early years(1947-58) and its impact on the democratic process of Pakistan.
Discuss the Federal Structure of 1973 Constitution of Pakistan after 18th Amendment. Why criticism on 18th Amendment started recently.
Discuss the role of regional and nationalist political parties in Pakistani politics. How far these parties are necessary for the political system.
Discuss the Federal Structure of 1973 Constitution of Pakistan after 18th Amendment. Why criticism on 18th Amendment started recently.
Discuss the role of regional and nationalist political parties in Pakistani politics. How far these parties are necessary for the political system.
Discuss in detail Gender Critiqued of Structural Adjustment Policies (SAPs).

Constitutional Law

What do you know about the Constitutional history of Pakistan? Discuss the judgments delivered in Begum Nusrat Bhutto V Chief of the Army Staff PLD1977SC 657 and Asma Jilani V Government of the Punjab PLD 1972SC 139. What is the impact of these judgements on the various organs of the State

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Constitutional History of Pakistan

Pakistan’s constitutional history has been turbulent, marked by frequent changes, martial laws, and struggles to establish democratic governance. Key milestones:

  1. Government of India Act 1935 (Adapted 1947–1956)

    • Served as an interim constitution after independence.

    • Adopted parliamentary system but lacked a clear directive for governance.

  2. Constitution of 1956

    • First constitution of Pakistan.

    • Introduced a parliamentary system with a federal structure.

    • Abolished monarchy, Pakistan became a republic.

  3. Martial Law of 1958

    • General Ayub Khan imposed martial law, abrogated the 1956 constitution.

    • Supremacy of the military over civil institutions.

  4. Constitution of 1962

    • Promulgated under Ayub Khan.

    • Introduced presidential system.

    • Limited parliamentary powers, strong executive.

  5. Martial Law of 1977

    • General Zia-ul-Haq overthrew Bhutto government.

    • Abrogated 1973 Constitution temporarily; justified through “Doctrine of Necessity.”

  6. Constitution of 1973

    • Currently in force.

    • Parliamentary system with fundamental rights and federal structure.

    • Supreme Court and High Courts empowered with judicial review.

Landmark Case: Begum Nusrat Bhutto v. Chief of Army Staff (PLD 1977 SC 657)
Background
  • After General Zia’s martial law in 1977, Bhutto’s government was overthrown.

  • Begum Nusrat Bhutto challenged the legality of martial law and the dissolution of the National Assembly.

Supreme Court Judgment

  • The court invoked the Doctrine of Necessity, upholding Zia’s takeover temporarily.

  • It justified the military takeover on the grounds that it was necessary to prevent chaos and maintain stability.

  • However, it limited the scope and recognized that martial law was an exception, not a norm.

Impact

  • Temporarily legitimized military intervention.

  • Weakening of parliamentary supremacy.

  • Judicial validation of extra-constitutional actions became controversial.

  • Highlighted tension between judicial independence and military power.

Landmark Case: Asma Jilani v. Government of Punjab (PLD 1972 SC 139)
Background

  • Challenge against General Yahya Khan’s martial law (1969–1971) and abrogation of the 1962 Constitution.

  • Petitioners sought declaration of martial law as illegal.

Supreme Court Judgment

  • Declared Yahya Khan’s martial law unconstitutional.

  • Overruled State v. Dosso (1958), which had upheld Ayub Khan’s coup under the Doctrine of Necessity.

  • Affirmed that the Constitution is supreme, and no person, including the military, can override it.

  • Military coups do not create legal authority; they may be politically effective but legally invalid.

Impact

  • Reinforced constitutional supremacy.

  • Strengthened rule of law and judicial authority.

  • Asserted the judiciary’s role as guardian of fundamental rights.

  • Set precedent for challenging extra-constitutional actions in Pakistan.

Conclusion

These two landmark cases reflect contrasting approaches of the judiciary toward extra-constitutional interventions:

  • Begum Nusrat Bhutto (1977): Temporary validation of military takeover under political necessity.

  • Asma Jilani (1972): Rejection of military coups; affirmed constitutional supremacy.

Explain the concept of “Supremacy of the Parliament” in UK. Write in detail the process of legislation in the British Parliament. Is there any accountability over the authority of the Parliament in UK?

The Constitution of USSR 1936 is characterised with democratic centralism. Critically analyse the relevant provisions of the Constitution paving way to the said assumption.

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