How does Pakistan’s national experience differ from India’s with regard to key aspects of government and law?

How does Pakistan’s national experience differ from India’s with regard to key aspects of government and law?

 

  • The Constitution
Pakistan’s Constitution Indian Constitution
 

The preamble to the constitution of the Islamic Republic of Pakistan begins with an invocation of “Almighty Allah” and mentions the “Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah”

 

 

The Constituent Assembly of India had rejected any reference to God or to the Father of the Nation, Mahatma Gandhi

 

The preamble to Pakistan’s constitution promises “adequate provision” to “safeguard the legitimate interests of minorities and backward and depressed classes”, and “the independence of the judiciary”.

 

 

The preamble to the constitution of India is more compact i.e. it encapsulates, but doesn’t explicitly mention, the rights of minorities and independence of the judiciary.

 

 

 

Pakistan’s constitution recognises the right to privacy and the right to education for children from ages 5 to 16.

 

Indian constitution does not have right to privacy as fundamental right and The Right of Children to Free and Compulsory Education Act, 2009, gave this right to Indian children between ages 6 and 14

   Pakistan’s constitution guarantees the right to information and declares human dignity as inviolable

 

 

India passed The Right to Information Act in 2005

  It specifically mentions the freedom of the press, but this freedom is subject to the “glory of Islam”.  

     Not present in Indian Constitution

 

Pakistan has a regressive and widely abused blasphemy law that carries mandatory death penalty; also, its freedom of religion is conditional

Though Section 295 of IPC criminalizes insult to religion but the punishment is not much regressive as of Pakistan’s i.e. up to three years and fine and right to religion is granted only to citizens

 

  • The Judiciary
Pakistan’s Judiciary Indian Judiciary
Pakistan’s government has no role in the appointment of the country’s Chief Justice. The President shall appoint the seniormost Judge of the Supreme Court as the Chief Justice of Pakistan.

 

Though no specific provision exists in the Constitution for appointing the Chief Justice, who, as a result, is appointed like the other judges, conventionally, the outgoing CJI recommends the name of the senior-most judge for appointment by the President of India, as his successor.

 

 

Pakistan has National Judicial Automation Committee (NJAC) since 2010 (which confirms nominations by majority vote).

 

 

 

National Judicial Appointments Commission (NJAC) struck down by Supreme Court of India in 2015.

 

To deal with alleged judicial misconduct, Pakistan’s constitution provides for a supreme judicial council consisting of the Chief Justice, two seniormost judges of the Supreme Court, and two seniormost Chief Justices of High Courts.

If this council concludes that a judge is “incapable of performing his duties” or is guilty of “misconduct”, impeachment by the President follows.

 

This process is different from India’s, where the key role in impeachment is that of Parliament, and the grounds for action are more stringent: “proved misbehaviour or incapacity”.

 

 

  • Elections
Elections in Pakistan Elections in India
·      Following the dissolution of the National Assembly, whether it is dissolved by the completion of its term or by an early dissolution, the President shall appoint a caretaker government.

·      However, this must be done with the consulation of the Prime Minister and the Leader of the Opposition, who should reach a consensus on whom to choose as Caretaker PM.

·      If this consensus is not reached, the President is free to choose a Caretaker Prime Minister of his choice, although this is usually done in consultation with the Election Commission of Pakistan.

·      The caretaker PM replaces Prime Minister and lead the country until the elections.

 

 

·      After a government loses a trust vote and resigns, it continues to function, but as a caretaker government with almost the same powers as it had before the voting.

·      However, a caretaker government wouldn’t have the power to take any major policy decisions since Parliament remains dissolved.

·      A new government gets elected after the general elections.

 

 

The Chief Election Commissioner has to be a sitting or retired judge of the Supreme Court or a High Court, or be qualified to be appointed as an SC judge.

 

 

 

While India’s Election Commissioners are picked by the government and are generally IAS officers

The Election Act of 2017 gave the Election Commission of Pakistan financial autonomy as well.

 

 

While India’s EC does not have.

Muslim candidates in Pakistan’s elections have to be of good character, sagacious, righteous, honest, and non-profligate, have adequate knowledge of Islam, and should not have committed any major sin No such conditions in India

 

  • The Government
Pakistan India
The President or Governors have no role in the election of the PM or the CMs The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister. (Similar is the power vested in Governors in the appointment of CMs)
 

The Pakistani constitution has no provision for a confidence vote as the PM/CM is elected by the new House

 

A motion proposed in a parliament or other assembly to give members the chance to express their confidence in a government; sometimes proposed by a government to counter a vote of no confidence proposed by the opposition; defeat would lead to the resignation of the government.

 

 

A motion of no-confidence can be moved by 20% of members, and will succeed if passed by a majority of the total membership of the House.

 

 

In India, it must be passed by a simple majority of those present and voting

 

  • Reservations
Pakistan India
Parties must give 5% of tickets to women candidates in the general seats, and if less than 10% women voters cast their votes in any constituency, the result there is nullified.  No such provision present

  

Section : Polity & Governance

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