Case Laws | Law GAT Mega Test
80 questions · Law GAT
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Question 1 of 80
What promise/condition did General Zia give to the Supreme Court regarding the duration of martial law in this case?
ExplanationZia had publicly committed to holding elections within 90 days, a representation the Court took into account in validating the takeover.
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Question 2 of 80
What did the Supreme Court hold regarding the President's discretion in appointing judges under Articles 177 and 193?
ExplanationThe Court held that the consultation process required genuine, meaningful consultation, giving significant weight to the Chief Justice's recommendation.
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Question 3 of 80
What criticism is most commonly directed at the Dosso judgment in Pakistani constitutional jurisprudence?
ExplanationCritics argue Dosso set a dangerous precedent of judicial endorsement for unconstitutional seizures of power, a pattern repeated in later martial law eras.
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Question 4 of 80
What broader principle did the Supreme Court affirm in Asma Jilani's case regarding successful revolutions?
ExplanationThe Court held that effectiveness alone could not justify or legalize an unconstitutional seizure of power, a sharp departure from Dosso's reasoning.
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Question 5 of 80
Which constitutional provision empowered the President to dissolve the National Assembly, as exercised in this case?
ExplanationPresident Ghulam Ishaq Khan invoked his discretionary power under Article 58(2)(b) to dissolve the National Assembly in April 1993.
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Question 6 of 80
Asma Jilani's case was heard alongside another similar petition. Who was the petitioner in that companion case?
ExplanationZarina Gillani's petition, seeking her husband's release, was heard together with Asma Jilani's case by the Supreme Court.
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Question 7 of 80
Whose detention was challenged by Asma Jilani in her petition?
ExplanationShe sought the release of her father who was detained under a Martial Law Regulation during the Yahya Khan regime.
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Question 8 of 80
On what technical ground did the Federal Court ultimately base part of its reasoning regarding the validity of laws passed by the Constituent Assembly?
ExplanationThe Federal Court reasoned that laws made by the Constituent Assembly in its legislative capacity required the Governor-General's assent, which had not been given to certain provisions.
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Question 9 of 80
Who dissolved the Constituent Assembly of Pakistan in October 1954, giving rise to this case?
ExplanationGovernor-General Ghulam Muhammad dissolved the Constituent Assembly on 24 October 1954, prompting Tamizuddin Khan's petition.
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Question 10 of 80
What was the precise constitutional question the Supreme Court had to determine in Asma Jilani's case regarding High Court jurisdiction?
ExplanationThe key issue was whether the High Court's jurisdiction under Article 98 (writ jurisdiction) was validly barred by the Jurisdiction of Courts (Removal of Doubts) Order 1969.
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Question 11 of 80
What significance does this case hold in relation to the power of judicial review over presidential discretion?
ExplanationThe case affirmed that courts could review whether the constitutional preconditions for dissolution were genuinely satisfied, rather than treating the power as unchecked.
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Question 12 of 80
Which jurist's legal theory did the Supreme Court rely upon to validate the 1958 martial law in Dosso's case?
ExplanationThe Court applied Hans Kelsen's theory that a successful revolution which is generally accepted creates a new legal order (Grundnorm).
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Question 13 of 80
The Asma Jilani case is considered a landmark primarily because it:
ExplanationIt is celebrated as a judicial correction that reasserted constitutionalism after the Dosso-era validation of military rule.
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Question 14 of 80
What practical effect did the restoration of the Assembly have on the political landscape soon afterward?
ExplanationDespite the restoration, political and institutional tensions persisted, and Nawaz Sharif's government resigned later in 1993 following continued conflict with the President.
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Question 15 of 80
Begum Nusrat Bhutto filed her petition in response to which event?
ExplanationShe challenged the detention of her husband, Prime Minister Zulfikar Ali Bhutto, and others following Zia's coup.
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Question 16 of 80
The Khan Asfandyar Wali case is significant in Pakistan's constitutional history mainly for addressing the balance between which two competing interests?
ExplanationThe case is a key example of the judiciary balancing anti-corruption objectives against constitutional due process protections.
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Question 17 of 80
Compared to the earlier Zafar Ali Shah case, what does the Khan Asfandyar Wali case primarily focus on?
ExplanationWhile Zafar Ali Shah's case validated the takeover itself, this case examines whether a specific law enacted afterward meets constitutional standards.
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Question 18 of 80
The Federal Court's decision in the Tamizuddin Khan appeal was authored mainly by which Chief Justice?
ExplanationChief Justice Muhammad Munir delivered the leading judgment for the Federal Court, which controversially favoured the Governor-General.
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Question 19 of 80
Muhammad Nawaz Sharif vs. President of Pakistan is reported at:
ExplanationThis is the correct citation for the 1993 Supreme Court decision.
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Question 20 of 80
Which doctrine did the Supreme Court apply to validate the 1999 military takeover in this case?
ExplanationAs in the Nusrat Bhutto case, the Court relied on the doctrine of necessity to validate the extra-constitutional takeover.
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Question 21 of 80
The reasoning in Dosso's case was later expressly overruled by the Supreme Court in which subsequent case?
ExplanationThe 1972 Asma Jilani case explicitly rejected the Kelsenian basis of the Dosso judgment as unsound and inapplicable.
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Question 22 of 80
Zafar Ali Shah and others vs. General Pervez Musharraf is reported at:
ExplanationThis is the correct citation for the 2000 Supreme Court decision.
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Question 23 of 80
The Tamizuddin Khan case arose during which constitutional period of Pakistan's history?
ExplanationAt the time, Pakistan had no permanent constitution and was governed under the adapted Government of India Act, 1935.
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Question 24 of 80
Which specific type of provision in the NAB Ordinance, involving reversal of the normal burden of proof, drew particular scrutiny in this case?
ExplanationThe reverse burden of proof placed on the accused in accountability cases was a key point of constitutional concern examined by the Court.
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Question 25 of 80
Why is the Al-Jehad Trust case considered important for judicial independence in Pakistan?
ExplanationBy requiring genuine consultation with the Chief Justice, the case strengthened institutional checks on executive control over the judiciary.
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Question 26 of 80
Miss Asma Jilani vs. Government of Pakistan is reported at:
ExplanationThis is the correct citation for the landmark 1972 Supreme Court decision.
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Question 27 of 80
Who was the Chief Justice of Pakistan presiding when the Asma Jilani judgment was delivered?
ExplanationChief Justice Hamoodur Rahman authored/presided over the landmark judgment that rejected the Dosso doctrine.
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Question 28 of 80
What power did the Supreme Court grant to General Musharraf regarding constitutional amendments in this judgment?
ExplanationSimilar to the Nusrat Bhutto precedent, the Court permitted limited amendments necessary for the transition, subject to preserving the Constitution's basic structure.
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Question 29 of 80
Which later doctrine, though not the central basis of this judgment, is often associated with the broader context of executive dissolution of representative bodies starting with this era?
ExplanationAlthough doctrine of necessity was more explicitly applied in the Usif Patel reference and Dosso, the Tamizuddin Khan episode is seen as the origin of this constitutional crisis era.
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Question 30 of 80
Which earlier case's reasoning on the doctrine of necessity was most directly relied upon in the Zafar Ali Shah judgment?
ExplanationThe Court closely followed the necessity-based reasoning earlier established in the 1977 Nusrat Bhutto case to validate Musharraf's takeover.
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Question 31 of 80
The Tamizuddin Khan case is widely regarded as the starting point of which recurring theme in Pakistan's constitutional history?
ExplanationThis case set an early precedent of courts accommodating executive overreach, a pattern repeated in later cases like Dosso and Nusrat Bhutto.
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Question 32 of 80
Which case is widely regarded as a precedent for successfully challenging a presidential dissolution under Article 58(2)(b), prior to the Nawaz Sharif case?
ExplanationThe Haji Muhammad Saifullah Khan case, concerning the 1988 dissolution of Benazir Bhutto's government, set an earlier precedent scrutinizing the exercise of Article 58(2)(b).
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Question 33 of 80
Which doctrine did the Supreme Court invoke to validate General Zia's martial law in this case?
ExplanationThe Court applied the doctrine of necessity, holding the extra-constitutional step was justified by the breakdown of the constitutional machinery.
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Question 34 of 80
On what jurisprudential ground did the Court reject Kelsen's theory as applied in Dosso?
ExplanationThe Court reasoned that Kelsen's pure theory of law was being misapplied to give legal cover and legitimacy to what was, in substance, an illegal usurpation of power.
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Question 35 of 80
Which earlier Supreme Court precedent did Asma Jilani's case expressly overrule?
ExplanationThe Court in Asma Jilani's case explicitly held that Dosso was wrongly decided and overruled its Kelsenian reasoning.
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Question 36 of 80
What was the principal subject matter of the Al-Jehad Trust case?
ExplanationThe case primarily concerned constitutional principles governing how judges are appointed and confirmed in the superior judiciary.
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Question 37 of 80
Al-Jehad Trust vs. Federation of Pakistan is reported at:
ExplanationThis is the correct citation, and the case is commonly known as the 'Judges Case'.
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Question 38 of 80
What was the Supreme Court's general approach to the NAB Ordinance's validity in this case?
ExplanationThe Court took a balanced approach, upholding the legitimate aim of accountability while striking down or modifying specific harsh or rights-violating provisions.
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Question 39 of 80
What specific timeframe did the Supreme Court grant for the restoration of democratic government in this case?
ExplanationThe Court directed that general elections be held within three years, setting 12 October 2002 as the outer limit.
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Question 40 of 80
Who was the Chief Justice of Pakistan during the Nawaz Sharif vs. President of Pakistan decision?
ExplanationChief Justice Nasim Hassan Shah headed the bench that delivered this landmark restoration judgment.
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Question 41 of 80
On what primary ground did the Supreme Court find the dissolution order to be invalid?
ExplanationThe Court held that the stated grounds for dissolution—corruption and mismanagement allegations—were not sufficient to meet the constitutional requirement that government could not be carried on per the Constitution.
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Question 42 of 80
Which constitutional articles dealing with judicial appointments were centrally examined in this case?
ExplanationArticles 177 (Supreme Court judge appointments) and 193 (High Court judge appointments) were central to the Court's analysis.
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Question 43 of 80
Which law was primarily challenged as unconstitutional in the Khan Asfandyar Wali case?
ExplanationThe petitioners challenged several provisions of the NAB Ordinance 1999 as violating fundamental rights under the Constitution.
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Question 44 of 80
Moulvi Tamizuddin Khan vs. Governor-General of Pakistan is reported at:
ExplanationThis is the correct law report citation for the case, decided by the Federal Court in 1955.
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Question 45 of 80
Who established the National Accountability Bureau under the Ordinance challenged in this case?
ExplanationThe NAB Ordinance 1999 was promulgated by the military government that came to power after the October 1999 takeover.
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Question 46 of 80
The Al-Jehad Trust case is most commonly known by which informal name?
ExplanationBecause it concerns the appointment, seniority, and tenure of judges, it is widely referred to as the Judges Case.
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Question 47 of 80
Article 58(2)(b) was eventually removed from the Constitution through which subsequent constitutional amendment?
ExplanationThe Thirteenth Amendment (1997) repealed the President's discretionary power to dissolve the National Assembly under Article 58(2)(b).
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Question 48 of 80
How did the Supreme Court's approach in Zafar Ali Shah's case compare to its approach in Asma Jilani's case regarding military takeovers?
ExplanationDespite Asma Jilani's earlier rejection of validating usurpers, the Court again chose the necessity-based validation route, continuing the pattern set by the Nusrat Bhutto case.
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Question 49 of 80
In Dosso's case, what was the Supreme Court's view on the justiciability of the legality of the 1958 revolution itself?
ExplanationThe Court reasoned that once a revolution succeeds and is effective, courts cannot question its legal validity — only its practical success matters under the theory applied.
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Question 50 of 80
The Nusrat Bhutto case is often criticized for setting which precedent in Pakistan's constitutional history?
ExplanationMuch like Dosso before it, this judgment is criticized for providing judicial cover to an unconstitutional military takeover.
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Question 51 of 80
The State vs. Dosso and Others is reported at:
ExplanationThis is the correct citation for the Supreme Court's 1958 decision in Dosso's case.
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Question 52 of 80
Who was the President of Pakistan who dissolved the National Assembly leading to this case?
ExplanationPresident Ghulam Ishaq Khan dissolved Nawaz Sharif's government and the National Assembly in April 1993.
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Question 53 of 80
What key limitation did the Supreme Court place on the martial law authorities' power to amend the Constitution in this case?
ExplanationThe Court held that while martial law authorities could make necessary changes, they were barred from altering the fundamental/salient features of the Constitution.
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Question 54 of 80
In Asma Jilani's case, the Supreme Court held that General Yahya Khan's assumption and exercise of power was:
ExplanationThe Court declared Yahya Khan a usurper, holding his martial law regime had no legitimate constitutional basis, unlike the earlier Dosso ruling's reasoning.
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Question 55 of 80
Who was the Chief Justice of Pakistan who authored the leading judgment in the Dosso case?
ExplanationChief Justice Muhammad Munir, who had also been central to the Tamizuddin Khan case, authored the Dosso judgment.
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Question 56 of 80
Which Constitution was abrogated as a direct consequence of the 1958 martial law validated in Dosso's case?
ExplanationPakistan's first Constitution of 1956 was abrogated by President Iskander Mirza when he imposed martial law in October 1958.
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Question 57 of 80
In the broader sequence of constitutional cases, the Al-Jehad Trust (Judges) case primarily deals with which branch of governance compared to the earlier cases like Dosso and Nusrat Bhutto?
ExplanationUnlike the earlier cases focused on validating or rejecting extra-constitutional executive action, this case is centered on internal judicial governance and independence.
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Question 58 of 80
Khan Asfandyar Wali and others vs. Federation of Pakistan is reported at:
ExplanationThis is the correct citation for the 2001 Supreme Court decision.
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Question 59 of 80
What was the final outcome of the Supreme Court's decision in this case?
ExplanationThe Court found the President's dissolution order to be without lawful constitutional justification and restored the Assembly and the government.
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Question 60 of 80
According to the Kelsenian reasoning adopted in Dosso's case, what makes a revolutionary change in government legally valid?
ExplanationKelsen's theory, as applied, held that the test of legal validity after a revolution is simply whether the new regime is effective in practice.
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Question 61 of 80
What was the practical effect of the Dosso ruling on the FCR 1901 and other pre-existing laws?
ExplanationThe Court held that, since the new order was effective, all laws not inconsistent with it, including the FCR, continued in force.
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Question 62 of 80
In which court did Moulvi Tamizuddin Khan first file his petition challenging the dissolution?
ExplanationTamizuddin Khan initially filed his writ petition in the Chief Court of Sindh, which ruled in his favour.
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Question 63 of 80
What was the practical effect of the Federal Court's ruling on the Constituent Assembly?
ExplanationDespite some technical findings favourable to Tamizuddin Khan, the practical outcome left the Governor-General's dissolution largely unchallenged, paving the way for further executive dominance.
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Question 64 of 80
What official title did General Pervez Musharraf adopt following the 1999 takeover, as referenced in the case title?
ExplanationAt the time of this case, Musharraf held the title of Chief Executive, before later assuming the Presidency.
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Question 65 of 80
Moulvi Tamizuddin Khan held which position at the time the case arose?
ExplanationTamizuddin Khan was the President (Speaker) of the Constituent Assembly whose dissolution he challenged in court.
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Question 66 of 80
Who was the Chief Justice of Pakistan who delivered the leading judgment in the Nusrat Bhutto case?
ExplanationChief Justice Sheikh Anwarul Haq authored the Court's judgment validating Zia's martial law under the necessity doctrine.
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Question 67 of 80
What requirement did the Supreme Court impose regarding judges' oaths during the transitional period in the Zafar Ali Shah case context?
ExplanationThe PCO framework following the takeover required judges to take a fresh oath, and this became a recurring and contentious issue in later litigation as well.
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Question 68 of 80
What event led to the filing of petitions in the Zafar Ali Shah case?
ExplanationThe case arose from challenges to General Musharraf's overthrow of Nawaz Sharif's government on 12 October 1999.
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Question 69 of 80
Begum Nusrat Bhutto vs. Chief of Army Staff is reported at:
ExplanationThis is the correct citation for the 1977 Supreme Court judgment.
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Question 70 of 80
What major political event had occurred shortly before the Supreme Court decided the Dosso case?
ExplanationPresident Iskander Mirza abrogated the 1956 Constitution and imposed martial law on 7 October 1958, just before this case was decided.
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Question 71 of 80
What was the central constitutional question in the Tamizuddin Khan case?
ExplanationThe core issue was the legality and constitutional validity of the Governor-General's dissolution of the Constituent Assembly.
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Question 72 of 80
How does the reasoning in Nusrat Bhutto's case differ from the earlier Asma Jilani judgment regarding military intervention?
ExplanationDespite Asma Jilani rejecting Dosso's Kelsenian validation, the Court in Nusrat Bhutto's case still found a route — necessity — to validate Zia's takeover, showing doctrinal inconsistency over time.
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Question 73 of 80
Asma Jilani filed her petition before which High Court seeking the release of a detained relative?
ExplanationAsma Jilani's petition for her father's release under detention was filed before the Lahore High Court.
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Question 74 of 80
What relief did Begum Nusrat Bhutto primarily seek from the Supreme Court?
ExplanationHer petition sought the release of Zulfikar Ali Bhutto and other political leaders detained after the coup.
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Question 75 of 80
What was the Supreme Court's stated justification for treating General Zia's intervention as necessary in 1977?
ExplanationThe Court cited the political crisis arising from the 1977 election dispute and the PNA agitation as creating conditions warranting intervention.
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Question 76 of 80
What was the decision of the Sindh Chief Court before the matter reached the Federal Court?
ExplanationThe Chief Court of Sindh held the dissolution of the Constituent Assembly to be unconstitutional, a decision the Governor-General then appealed.
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Question 77 of 80
The Dosso case originally arose from a conviction under which law?
ExplanationDosso and others were convicted under the Frontier Crimes Regulation 1901, which was later challenged as inconsistent with fundamental rights.
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Question 78 of 80
The Al-Jehad Trust case is significant for establishing principles regarding which other judicial matter besides appointments?
ExplanationThe judgment also laid down important principles on judicial seniority and the propriety of appointing acting or additional judges.
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Question 79 of 80
The principles from the Al-Jehad Trust case were later significant in shaping which other major reform regarding judicial appointments?
ExplanationThe consultative model strengthened in this case influenced the later move towards a structured Judicial Commission for appointments after 2010.
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Question 80 of 80
Which fundamental rights were primarily argued to be violated by provisions of the NAB Ordinance in this case?
ExplanationPetitioners argued that provisions such as reversed burden of proof and detention without bail infringed due process and fair trial guarantees.
0 / 80 answered
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