Short

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

1

1. Historical Background and Development (Date: 2024-11-21)


Pakistan: Pakistan's constitution was influenced by its colonial past under British rule. The initial
constitution, the Government of India Act 1935, continued as the base for Pakistan’s legal system
after independence in 1947. Pakistan’s first constitution was adopted in 1956, but it faced
interruptions, such as military takeovers in 1958 and 1977, which led to several revisions. The
Constitution of 1973 remains the current framework, though it has undergone amendments.

India: India’s constitution, the longest written constitution in the world, was adopted on January
26, 1950. After gaining independence from Britain in 1947, India’s leaders, such as Jawaharlal
Nehru and B.R. Ambedkar, played crucial roles in its drafting. India’s Constitution is considered
the foundational legal document governing the country’s democratic system.

China: China's legal framework was initially based on the 1949 Constitution after the Chinese
Revolution. The country has seen multiple amendments, especially after economic reforms in the
1980s and the rise of market socialism. The 1982 Constitution is the current one, though it has
been revised several times to reflect changes in China’s political and economic landscape.

2. Comparative Study of Pakistan, India, and China Constitutions (Date: 2024-11-21)


Pakistan follows a parliamentary system with a strong executive and a bicameral legislature. Its
constitution is based on Islamic principles, with the 1973 Constitution serving as the supreme law.

India also has a parliamentary system, but it places more emphasis on secularism and democracy.
The Constitution is lengthy, providing for a clear separation of powers among the executive,
legislature, and judiciary.

China operates under a one-party system, where the Communist Party of China (CPC) holds
control over the government, with a structure that merges executive, legislative, and party
leadership. The Constitution supports the centralized power of the Communist Party, contrasting
with Pakistan and India’s more democratic setups.

3. Functioning of the Organs of Government (Date: 2024-11-21)


Political Executive:

Pakistan: The President is the ceremonial head of state, and the Prime Minister, as the head
of government, holds significant executive power.
India: The President is the ceremonial head of state, while the Prime Minister and Cabinet
are the real executive authority.
China: The President is a symbolic figurehead, but the General Secretary of the Communist
Party and the Premier hold real power.
Legislature:

Pakistan: The National Assembly (lower house) and the Senate (upper house) make up the
bicameral legislature.
India: India has a bicameral Parliament consisting of the Lok Sabha (lower house) and Rajya Sabha
(upper house).
China: The National People’s Congress (NPC) is the unicameral legislature, though it is
controlled by the Communist Party.
Judiciary:

Pakistan: Independent, with the Supreme Court being the highest authority.
India: Independent, with the Supreme Court having judicial review powers.
China: The judiciary is under the influence of the Communist Party, with limited independence
compared to Pakistan and India.
2

4. Federalism and Regionalism (Date: 2024-11-21)


Pakistan: Federal in structure, with a clear division of powers between the central government
and provinces. Regionalism is significant, especially in areas like Balochistan and Khyber
Pakhtunkhwa, where ethnic identities influence politics.

India: Also a federal system, with a strong center. Regionalism plays a significant role, with states
having considerable autonomy. There are distinct regional parties that push for greater state
rights.

China: Although referred to as a “unitary state,” China’s vast territory has regions with special
administrative statuses, like Hong Kong and Macau. The central government maintains tight
control, and regionalism is suppressed by the Communist Party.

5. Elections and Political Parties (Date: 2024-11-21)


Pakistan: General elections are held every five years. Political parties range from secular to
religious, with major parties like PML-N, PPP, and PTI. Election credibility has sometimes
been questioned due to alleged rigging.

India: Elections are conducted every five years for both the central and state governments.
India’s multi-party system allows for a range of political ideologies, with parties like the BJP
and Congress dominating national politics.

China: Elections are not held in the same way as in Pakistan and India. The Communist Party
of China (CPC) controls the political system, and elections are tightly managed, with no
competitive multi-party system.

6. Local Government (Date: 2024-11-21)


Pakistan: Local government systems vary across provinces, but generally, there are elected
local councils responsible for local administration. Local elections have faced challenges
related to transparency and autonomy.

India: Local governments in India have a significant degree of autonomy under the 73rd and
74th Constitutional Amendments. Panchayats (rural) and Municipalities (urban) are vital
parts of governance.

China: Local governments are structured hierarchically, with village and township
governments functioning under the control of the central government. While elections occur
at the village level, they are controlled by the Communist Party.

7. Constitutional Amendments (Date: 2024-11-21)


Pakistan: The Constitution of 1973 has been amended multiple times to accommodate
political, economic, and social changes, often involving changes to the powers of the
executive or judiciary.

India: The Indian Constitution has been amended over 100 times. Amendments are used to
update provisions regarding social justice, governance, and rights, and require a complex
process involving Parliament and sometimes state legislatures.

China: Constitutional amendments in China are rare but have occurred to reflect changes in
leadership and policy, such as incorporating market reforms and removing presidential term
limits in recent amendments.
3

8. Contemporary Constitutional Framework and Implementation (Date:


2024-11-21)
Pakistan: The implementation of the Constitution is often challenged by political instability,
military intervention, and corruption. While the Constitution provides for democracy, its
practical application can be inconsistent.

India: India’s Constitution remains largely intact, with its provisions effectively implemented.
The rule of law, independent judiciary, and democratic practices have allowed it to remain
functional, despite challenges like communalism and political disputes.

China: The Communist Party’s dominance means that the Constitution is more a statement
of policy goals than a truly independent document. While the Constitution has been
amended to reflect economic changes, it remains secondary to the party’s control.

This overview provides a detailed yet simplified comparison of the constitutions of Pakistan,
India, and China, highlighting their key differences and similarities across various aspects of
governance.

You might also like