Q. 1
Judicial Studies
Difficulty: Medium
(1 Mark)
Article 175(3) of the Constitution of Pakistan provides that the Judiciary shall be separated progressively from the Executive within how many years from the commencing day?
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Step-by-Step Explanation & Concept Rationale
Article 175(3) of the Constitution originally mandated the separation of the Judiciary from the Executive within three years (later amended to 14 years). The Supreme Court enforced this mandate in the landmark judgment Sharaf Faridi v. Federation of Pakistan (PLD 1989 SC 61).
Q. 2
Judicial Studies
Difficulty: Easy
(1 Mark)
What is the highest judicial forum in Pakistan established under Part VII of the Constitution?
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Step-by-Step Explanation & Concept Rationale
Article 176 provides that the Supreme Court consists of a Chief Justice of Pakistan and so many other Judges as may be determined by Act of Parliament.
Q. 3
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Article 201 of the Constitution, any decision of a High Court shall, to the extent that it decides a question of law or enunciates a principle of law, be binding on:
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Step-by-Step Explanation & Concept Rationale
Article 201 mandates that subject to Article 189 (decisions of Supreme Court), any decision of a High Court deciding a question of law or enunciating a principle of law is binding on all courts subordinate to it.
Q. 4
Judicial Studies
Difficulty: Medium
(1 Mark)
In the doctrine of judicial precedent (Stare Decisis), 'Ratio Decidendi' refers to:
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Step-by-Step Explanation & Concept Rationale
The Ratio Decidendi is the legal reasoning, principle, or rule upon which a court's decision is founded, which forms the binding precedent for subordinate courts. Remarks made by the way are Obiter Dicta (persuasive only).
Q. 5
Judicial Studies
Difficulty: Hard
(1 Mark)
A judgment delivered 'Per Incuriam' in judicial jurisprudence refers to a decision:
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Step-by-Step Explanation & Concept Rationale
A decision is said to be per incuriam ('through lack of care') when it is given in ignorance of the terms of a statute or of a rule having the force of a statute, or a binding precedent of a higher court. Such decisions do not have binding authority.
Q. 6
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Article 212 of the Constitution of Pakistan, Administrative Courts and Service Tribunals exercise:
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Step-by-Step Explanation & Concept Rationale
Article 212 authorizes the establishment of Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons who are or have been in civil service, barring civil courts and High Courts under Article 212(2).
Q. 7
Judicial Studies
Difficulty: Medium
(1 Mark)
Appeals against final judgments and orders of the Federal Service Tribunal (FST) lie directly to:
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Step-by-Step Explanation & Concept Rationale
Under Article 212(3), an appeal to the Supreme Court of Pakistan from a judgment, decree, order or sentence of an Administrative Court or Tribunal lies only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal.
Q. 8
Judicial Studies
Difficulty: Easy
(1 Mark)
Special Accountability Courts trying offences of corruption and corrupt practices in Pakistan are established under which statute?
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Step-by-Step Explanation & Concept Rationale
Accountability Courts are established by the Federal Government under Section 5(g) of the National Accountability Ordinance 1999 to try offences under the Ordinance (Section 9 - Corruption and Corrupt Practices).
Q. 9
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 25 of the National Accountability Ordinance 1999, the Chairman NAB is empowered to accept:
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Step-by-Step Explanation & Concept Rationale
Section 25 of the NAO 1999 governs Voluntary Return (Sec 25(a)) and Plea Bargain (Sec 25(b)), where an accused person offers to return assets or gains acquired through corruption, subject to approval by the court in case of Plea Bargain.
Q. 10
Judicial Studies
Difficulty: Easy
(1 Mark)
Anti-Terrorism Courts (ATCs) in Pakistan are established under Section 13 of which Act?
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Step-by-Step Explanation & Concept Rationale
Anti-Terrorism Courts are established by the Federal or Provincial Governments under Section 13 of the Anti-Terrorism Act 1997 to provide for speedy trial of heinous offences of terrorism, sectarian violence, and organized crime.
Q. 11
Judicial Studies
Difficulty: Medium
(1 Mark)
Under Section 19(7) of the Anti-Terrorism Act 1997, on taking cognizance of the case, the ATC shall proceed with the trial from day-to-day and shall decide the case within:
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Step-by-Step Explanation & Concept Rationale
Section 19(7) ATA mandates that the Court shall proceed with the trial from day-to-day and decide the case within seven working days, although in practice complex cases may take longer.
Q. 12
Judicial Studies
Difficulty: Medium
(1 Mark)
Appeals against any judgment, sentence or order passed by an Anti-Terrorism Court lie under Section 25 ATA to:
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Step-by-Step Explanation & Concept Rationale
Under Section 25(1) ATA 1997, an appeal against the judgment of an ATC lies within 15 days to the High Court and shall be heard by a bench of not less than two Judges.
Q. 13
Judicial Studies
Difficulty: Easy
(1 Mark)
Banking Courts in Pakistan are established under which specialized financial enactment?
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Step-by-Step Explanation & Concept Rationale
Banking Courts are established under Section 5 of the Financial Institutions (Recovery of Finances) Ordinance 2001 (FIO 2001) for summary recovery of loan defaults and enforcement of mortgages.
Q. 14
Judicial Studies
Difficulty: Medium
(1 Mark)
In a suit filed by a bank under the Financial Institutions (Recovery of Finances) Ordinance 2001, the defendant cannot defend the suit unless he files an application for:
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Step-by-Step Explanation & Concept Rationale
Under Section 10 FIO 2001, in any suit filed under the Ordinance, the defendant is not entitled to defend the suit unless he applies for and obtains leave to defend from the Banking Court within 30 days of the date of service.
Q. 15
Judicial Studies
Difficulty: Easy
(1 Mark)
Special Judges (Central) are appointed by the Federal Government under the Criminal Law Amendment Act 1958 to try offences investigated by the:
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Step-by-Step Explanation & Concept Rationale
Special Judges (Central) are appointed under Section 3 of the Criminal Law Amendment Act 1958 to try offences specified in the schedule, predominantly investigated and prosecuted by the Federal Investigation Agency (FIA).
Q. 16
Judicial Studies
Difficulty: Easy
(1 Mark)
Under the Family Courts Act 1964, which of the following matters is NOT within the exclusive jurisdiction of the Family Court?
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Step-by-Step Explanation & Concept Rationale
Under the Schedule to Section 5 of the Family Courts Act 1964, exclusive jurisdiction vests in Family Courts for: dissolution of marriage, dower, maintenance, restitution of conjugal rights, custody of children/guardianship, jactitation of marriage, and personal property of wife. Commercial partnership is an ordinary civil matter.
Q. 17
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Contempt of Court Ordinance 2003 (read with Article 204 of the Constitution), what are the three recognized classes of Contempt of Court in Pakistan?
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Step-by-Step Explanation & Concept Rationale
Section 3 of the Contempt of Court Ordinance 2003 classifies contempt into: (1) Civil contempt (willful disobedience to any judgment, decree, direction, order or writ), (2) Criminal contempt (doing any act scandalizing or tending to lower authority of court), and (3) Judicial contempt (depravity of conduct in face of the court).
Q. 18
Judicial Studies
Difficulty: Easy
(1 Mark)
Under Section 5 of the Contempt of Court Ordinance 2003, what is the maximum punishment that can be awarded for Contempt of Court?
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Step-by-Step Explanation & Concept Rationale
Section 5 of the Contempt of Court Ordinance 2003 prescribes: Whoever commits contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees, or with both.
Q. 19
Judicial Studies
Difficulty: Easy
(1 Mark)
The Legal Practitioners and Bar Councils Act 1973 governs the legal profession in Pakistan. Which body is the apex regulatory authority for advocates and bar associations across the country?
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Step-by-Step Explanation & Concept Rationale
Under the Legal Practitioners and Bar Councils Act 1973, the Pakistan Bar Council (chaired ex-officio by the Attorney-General for Pakistan) is the highest regulatory body governing legal education, enrolment of Supreme Court advocates, and professional conduct of advocates.
Q. 20
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Canons of Professional Conduct of the Pakistan Bar Council, an advocate is strictly prohibited from:
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Step-by-Step Explanation & Concept Rationale
The Canons of Professional Conduct of the PBC prohibit champerty and maintenance: An advocate shall not purchase or agree to purchase any share or interest in the actionable claim or contentious matter, nor agree to a contingent fee sharing proceeds of the judgment.
Q. 21
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Bar Councils Act 1973, who serves as the ex-officio Chairman of the Pakistan Bar Council and the Provincial Bar Councils, respectively?
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Step-by-Step Explanation & Concept Rationale
Under Section 11 of the Act, the Attorney-General for Pakistan is ex-officio Chairman of the Pakistan Bar Council, and the Advocate-General of each Province is ex-officio Chairman of the respective Provincial Bar Council (Punjab, Sindh, KPK, Balochistan Bar Councils).
Q. 22
Judicial Studies
Difficulty: Easy
(1 Mark)
What is the primary role of the Law and Justice Commission of Pakistan (LJCP) established under the Ordinance of 1979?
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Step-by-Step Explanation & Concept Rationale
The Law and Justice Commission of Pakistan, headed by the Chief Justice of Pakistan, is a statutory advisory body mandated with systematic reform and modernization of federal and provincial laws, judicial administration, and legal education.
Q. 23
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the hierarchy of Civil Courts established under the West Pakistan Civil Courts Ordinance 1962, what is the hierarchical order of Civil Judges from lowest to highest?
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Step-by-Step Explanation & Concept Rationale
Under the Civil Courts Ordinance 1962, civil courts in districts are graded as: Civil Judge Class III (pecuniary jurisdiction lowest), Civil Judge Class II, Civil Judge Class I (unlimited pecuniary jurisdiction), and Senior Civil Judge / District Judge.
Q. 24
Judicial Studies
Difficulty: Easy
(1 Mark)
The Institution of the Federal Ombudsman (Wafaqi Mohtasib) in Pakistan was established by President's Order No. 1 of 1983 to:
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Step-by-Step Explanation & Concept Rationale
The Wafaqi Mohtasib (Ombudsman)'s Order 1983 establishes the Federal Ombudsman to investigate and rectify maladministration (inefficiency, corruption, delay, neglect) by any agency or official of the Federal Government.
Q. 25
Judicial Studies
Difficulty: Medium
(1 Mark)
Under the Wafaqi Mohtasib's Order 1983, which matters are expressly EXCLUDED from the jurisdiction of the Federal Ombudsman?
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Step-by-Step Explanation & Concept Rationale
Article 9(2) of P.O. 1 of 1983 specifically excludes: (a) matters that are sub-judice before a court of competent jurisdiction or tribunal, (b) matters relating to the foreign affairs of Pakistan, and (c) matters relating to the armed forces of Pakistan.
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