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Xeric Saturday, May 02, 2009 05:51 PM

Constitutional Law 2009
 
[B][CENTER]FEDERAL PUBLIC SERVICE COMMISSION

COMPETITIVE EXAMINATION FOR
RECRUITMENT TO POSTS IN BPS-17 UNDER
THE FEDERAL GOVERNMENT, 2009

[U]CONSTITUTIONAL LAW[/U][/CENTER][/B]



[B]TIME ALLOWED:[/B]
(PART-I)…………30 MINUTES…………..…..MAXIMUM MARKS:20
(PART-II)…………2 Hours & 30 Minutes……..MAXIMUM MARKS:80

[B]NOTE:[/B]
(i) First attempt Part-I (MCQ) on separate Answer Sheet which shall be taken back after 30 Minutes.
(ii) Overwriting/cutting of the options/answers will not be given credit.

[B][CENTER]--------------------------------------------------------------------------[/CENTER][/B]



[B]Q.1. Select the best option/answer and fill in the appropriate box on the Answer Sheet. (20)[/B]

(i) What is the constitutional title used for the British head of State?

(a)Prime Minister
[B](b) Crown[/B]
(c) Monarch
(d) None of these

(ii) Parliamentary system of UK is the product of:

(a) Rule of Law
[B](b) Conventions[/B]
(c) Prerogations of crown
(d) None of these

(iii) Which Act of parliaments protects the Independence of judiciary in UK?

[B](a) Bill of Rights[/B]
(b) Magna Carta
(c) Act of Settlement
(d) None of these

(iv) The office of the British Prime Minister is the creature of:

[B] (a) Customs[/B]
(b) Precedent
(c) Act of Parliament
(d) None of these

(v) The English Common Law is based on:

(a) Statute Law
[B](b) Precedents[/B]
(c) Conventions
(d) None of these

(vi) How many US Presidents actually faced impeachment?

(a) One
[B](b) Two[/B]
(c) Three
(d) None of these

(vii) The Bill of Rights became part of US constitution in the year:

(a) 1776
(b) 1789
[B](c) 1791[/B]
(d) None of these

(viii) On what date the electors for the election of President are elected under the US Constitution?

[B](a) 1st Tuesday of November, leap year[/B]
(b) 4th November, leap year
(c) Tuesday after 1st Monday of November, leap year
(d) None of these

(ix) An Amendment in the US constitution becomes effective on its approval by the congress and a minimum special number of states which is:

(a) Abstract majority
(b) 2/3 States
[B](c) ¾ States[/B]
(d) None of these

(x) What is the maximum continuous period a person can be president of USA.

(a) 04 years
[B](b) 08 years[/B]
(c) more than 08 years
(d) None of these

(xi) What is term used for upper house under Indian Constitution?

(a) Council of States
(b) Lok Sabha
(c) Senate
[B](d) None of these (Rajiya Sabha)[/B]


(xii) The federating units of India are called:

(a) Provinces
(b) Territories
[B](c) States[/B]
(d) None of these

(xiii) Who appoints the governor in India?

[B](a) President[/B]
(b) Prime Minister
(c) Parliament
(d) None of these

(xiv) The Indian Government at national level is called?

(a) Federal Governemnt
[B](b) Central Government[/B]
(c) Union Government
(d) None of these

(xv) The Prime Minister of India is:

(a) Elected by Parliament
(b) Elected by upper house
[B](c) appointed by President[/B]
(d) None of these

(xvi) What is the commencing day of Pakistan Constitution 1973?

(a) 1st January 1973
(b) 23rd March 1973
[B](c) 14th August 1973[/B]
(d) None of these

(xvii) Which Article of Pakistan Constitution 1973 deal with ‘Islamic Way of life’?

(a) Article-2
(b)Article-4
(c)Article-37
[B](d) None of these (Article 31)[/B]

(xviii) The Northern Areas of Pakistan are under the control of:

(a) NWFP Government
(b) Azad Jammu & Kashmir Government
[B](c) Federal Government[/B]
(d) None of these

(xix) Article 184 of Constitution of Pakistan 1973 provides for:

[B] (a) Original jurisdiction of Supreme Court[/B]
(b) appellate jurisdiction of supreme court
(c) advisory jurisdiction of supreme court
(d) None of these

(xx) What is the ordinary life of a gubernatorial Ordinance under the Constitution of Pakistan 1973 ?

(a) Unlimited
[B](b) 3 months[/B]
(c) 4 months
(d) None of these


[B][CENTER]PART – II[/CENTER][/B]

[B]NOTE:[/B]
(i) [B]Part-II[/B] is to be attempted on the separate [B]Answer Book.[/B]
(ii) Attempt [B]ONLY FOUR[/B] questions form [B]PART-II[/B]. All questions carry [B]EQUAL[/B] marks.
(iii) Extra attempt of any question or any part of the attempted question will not be considered.


[B]Q.2.[/B] Discuss the supremacy of British Parliament in its historical context by giving examples from British constitutional history. Are there any practical limitations on its supremacy?

[B]Q.3.[/B] What are the source of British Constitution? Explain them with reference to their significance.

[B]Q.4.[/B] Discuss in detail the role of Senate in USA?

[B]Q.5.[/B] Explain the concept of ‘Due Process of Law’ under US Constitution and compare it with ‘Rule of Law’ in United Kingdom.

[B]Q.6.[/B] Discuss the provisions of Pakistan Constitution relating to Human Rights.

[B]Q.7.[/B] Explain Federation under the Constitution of India.

[B]Q.8.[/B] Explain the system of Droit Administrating in France.

[B][FONT="Comic Sans MS"][CENTER]Good Luck[/CENTER][/FONT][/B]

[B]Note:[/B] Feedback will be appreciated warmly.

mashal khan Saturday, May 02, 2009 07:23 PM

(xi) What is term used for upper house under Indian Constitution?

(a) Council of States
(b) Lok Sabha
(c) Senate
(d) None of these (Rajiya Sabha)


[FONT="Arial Black"]the right answer is A.THE COUNCIL OF STATES[/FONT]

Xeric Saturday, May 02, 2009 07:56 PM

[QUOTE=mashal khan](xi) What is term used for upper house under Indian Constitution?

(a) Council of States
(b) Lok Sabha
(c) Senate
(d) None of these (Rajiya Sabha)


[FONT="Arial Black"]the right answer is A.THE COUNCIL OF STATES[/FONT][/QUOTE]

Mashal Khan please check the link below.

[url]http://parliamentofindia.nic.in/[/url]

mashal khan Saturday, May 02, 2009 11:22 PM

council of states is in english and rajiya saba is in urdu...now which one is correct.?

shallowwater Saturday, May 02, 2009 11:52 PM

@ Zia Khan


The right answer is Council of states. Rajya sabha is in Hindi.

Few more corrections please note.

(vii) The Bill of Rights became part of US constitution in the year 1789.

(vi) How many US Presidents actually faced impeachment?
Only one, that is Bill Clinton, however the impeachment failed. The other one was Nixon but he resigned before actually facing impeachment. So the answer is one.


(xiv) The Indian Government at national level is called the Union government.


(xv) The Prime Minister of India is elected by the parliament. He has to get the vote of confidence. President only asks the candidate who commands the majority. President can't nominate anyone.


(i) What is the constitutional title used for the British head of State?

Its monarch. Crown is an institution, Monarch is an individual. Crown is immortal, Monarch is mortal.

Adil Memon Sunday, May 03, 2009 09:02 AM

(xi) What is term used for upper house under Indian Constitution?

[B](a) Council of States[/B]
(b) Lok Sabha
(c) Senate
(d) None of these

Mashal Khan is right.

(xiv) The Indian Government at national level is called?

(a) Federal Governemnt
[B](b) Central Government
(c) Union Government[/B]
(d) None of these

This question is confusing. The answers can be both (b) and (c).

[QUOTE=shallowwater]
(vii) The Bill of Rights became part of US constitution in the year 1789.
[/Quote]

BoR became a part of US Constitution after ratification in 1791. Zia was right.

[Quote]
(vi) How many US Presidents actually faced impeachment?
Only one, that is Bill Clinton, however the impeachment failed. The other one was Nixon but he resigned before actually facing impeachment. So the answer is one.
[/Quote]

Zia was right here again. Here's something from Wikipedia.

[Quote]
[B]Impeachment of a U.S. President[/B]
Two U.S. Presidents have been impeached, Andrew Johnson, and Bill Clinton. Both were acquitted at trial. Ever since Johnson's trial, there has been an established precedent against impeachment of a president solely on political grounds.
Richard Nixon resigned in the face of the near certainty of his impeachment, which had already been approved by the House Judiciary Committee.
During the Senate trial of a President, the Chief Justice of the United States presides.
[/Quote]

[Quote]
(xv) The Prime Minister of India is elected by the parliament. He has to get the vote of confidence. President only asks the candidate who commands the majority. President can't nominate anyone.
[/Quote]

Appointment does not mean nomination. The leader of the winning party is appointed (not nominated) by the President. Zia was right again.

[Quote]
(i) What is the constitutional title used for the British head of State?

Its monarch. Crown is an institution, Monarch is an individual. Crown is immortal, Monarch is mortal.[/QUOTE]

I am confused here. I think you are right. Crown is the institution. Monarch/Queen may be the head of state in UK.

Please correct me if I am wrong. It's been a long time I studied these things. And I often do not trust my memory.

Regards.

Xeric Sunday, May 03, 2009 11:06 AM

[QUOTE](i) What is the constitutional title used for the British head of State?

(a)Prime Minister
(b) Crown
(c) Monarch
(d) None of these[/QUOTE]



@ Shallowwater

Dear Monarch seems to be right answer. But here a question arises that now a day Queen Reigns, Monarch will be the right answer or not? Pleae confrim it.

dr.atifrana Sunday, May 03, 2009 11:41 AM

zia
[QUOTE]Dear Monarch seems to be right answer. But here a question arises that now a day Queen Reigns, Monarch will be the right answer or not? Pleae confrim it.[/QUOTE]

Monarch may be king or queen.And there is still const.monarchy.
Monarch is the right ans.

shallowwater Sunday, May 03, 2009 12:13 PM

@ Adil Memon.

Bill of Rights became part of US constitution in 1791. You r right.

But the Indian Prime minister is elected by the parliament. President can't appoint anyone of his choice. Only the candidate who can win the vote of confidence from the house will be appointed by the president. If president appoints a candidate whose party has 3 votes in the house he can't become prime minister. So it's the parliament to decide, president only has to ask the majority party candidate to take vote of confidence. Parliament has the real power. If the P.M. loses the confidence in the house he is no more P.M. So President has nothing to do with the Prime Minister's election.


And the Indian government at the national level is called Union government. No confusion abt it. Check the Indian Constitution
(federal system of India). Everything will be clear.

Xeric Sunday, May 03, 2009 12:25 PM

[QUOTE=shallowwater]@ Adil Memon.

Bill of Rights became part of US constitution in 1791. You r right.

But the Indian Prime minister is elected by the parliament. President can't appoint anyone of his choice. Only the candidate who can win the vote of confidence from the house will be appointed by the president. If president appoints a candidate whose party has 3 votes in the house he can't become prime minister. So it's the parliament to decide, president only has to ask the majority party candidate to take vote of confidence. Parliament has the real power. If the P.M. loses the confidence in the house he is no more P.M. So President has nothing to do with the Prime Minister's election.
[/QUOTE]

Here it again creates confusion. Parliament comprised of Lower and Upper House and only Lower House (Lok Sabha) can elect Prime Minister among members. While Upper House has no say in election of PM.


Indian Prime minister is elected/selected from: :) reply

a. Lok SAbha
b. Rajya Sabha
c. Parliament
d. President
e. None of these


11:07 AM (GMT +5)

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