Test 1 - pakarbiter

Q1. According to the Al Jehad Trust case, the Chief Justice of Pakistan can:

1 Marks

A. Recall Supreme Court judges acting as Chief Justices of High Courts and decide on continuation of ad hoc/acting judges

B. Suspend judges at will

C. Remove acting Chief Justices from office unilaterally

D. Appoint High Court judges without consultation

Q2. According to the Al Jehad Trust case, the phrase “after consultation” in Articles 177 & 193 of the Constitution means:

1 Marks

A. Consultation must be effective, meaningful, purposive, and consensus-oriented

B. Only a discussion with the Executive

C. A casual or symbolic discussion

D. Consultation is optional

Q3. The Supreme Court in Al Jehad Trust ruled that the opinion of the Chief Justice of Pakistan and the Chief Justice of High Court regarding a candidate’s fitness:

1 Marks

A. Should generally be accepted in the absence of very sound reasons recorded by the President/Executive

B. Is only advisory and non-binding

C. Can be ignored at will

D. Must be ratified by Parliament first

Q4. The Supreme Court in Al Jehad Trust held that if the President/Executive appoints a candidate deemed unfit by the Chief Justices, it

1 Marks

A. Would be permissible for administrative reasons

B. Would not be a proper exercise of constitutional power

C. Must be referred to Parliament for approval

D. Is valid for temporary appointments only

Q5. One of the key takeaways from Al Jehad Trust (PLD 1996 SC 324) is:

1 Marks

A. Public opinion determines appointments

B. Acting judges can automatically become permanent judges

C. Judicial appointments must balance executive authority with consultation to maintain judiciary independence

D. Appointment decisions are solely the executive’s discretion

Q6. In Al Jehad Trust vs. Federation of Pakistan (PLD 1996 SC 324), the Supreme Court emphasized that the appointment of judges:

1 Marks

A. Must be transparent to ensure public confidence in the independence of the judiciary

B. Can be made without consultation for convenience

C. Depends only on seniority

D. Is solely an executive decision

Q7. In the Al Jehad Trust case, any judicial appointment made without consulting the mandatory consultees:

1 Marks

A. Is valid if ratified by the Parliament

B. Can be made temporarily without consequences

C. Is valid if approved by the Prime Minister

D. Is unconstitutional and therefore invalid

Q8. The Court in Al Jehad Trust (PLD 1996 SC 324) directed that High Court judge appointments should be regularized:

1 Marks

A. Within six months regardless of circumstances

B. At the discretion of the President

C. Only after Parliament’s approval

D. Within one month from 20th March 1996 or from the assumption of office by a permanent Chief Justice, whichever is later

Q9. In Al Jehad Trust (PLD 1996 SC 324), the Court held that the Acting Chief Justice:

1 Marks

A. Is not a mandatory consultee under Arts. 177 & 193, except when the permanent Chief Justice is unavailable for more than 90 days

B. Can be consulted only if Parliament permits

C. Can always serve as a consultee

D. Is automatically part of the consultation process

Q10. The Al Jehad Trust case reinforced that constitutional conventions in judicial appointments:

1 Marks

A. Can be used to interpret the Constitution while ensuring consultation is meaningful

B. Cannot be considered by courts

C. Are legally binding in all matters

D. Only apply to administrative services

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Test 1🎓 Best of Luck!

حَسْبِيَ اللَّهُ لاَ إِلَهَ إِلاَّ هُوَ عَلَيْهِ تَوَكَّلْتُ وَهُوَ رَبُّ الْعَرْشِ الْعَظِيمِ