Commencement of the Constitution

India
Citizenship at the commencement of the Constitution:
At the commencement of this Constitution, every person who has his domicile in the territory of India and
(a) who was born in the territory of India; or (b) either of whose parents was born in the territory of
India; or (c) who has been ordinarily resident in the territory of India for not less than five years
immediately preceding such commencement, shall be a citizen of India
USA
The U.S. Constitution established Americas national government and fundamental laws, and
guaranteed certain basic rights for its citizens. It was signed on September 17, 1787, by
delegates to the Constitutional Convention in Philadelphia, presided over by George
Washington. Under Americas first governing document, the Articles of Confederation, the
national government was weak and states operated like independent countries
Pakistan

(1)

This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.

(2)

Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one
thousand nine hundred and seventy three or on such earlier day as the President may, by notification in the
official Gazette, appoint, in the Constitution referred to as the "commencing day."

(3)

The Constitution shall, to the extent necessary

(a)
for the constitution of the first Senate;
(b)
for the first meeting of a House or a joint sitting to be held;
(c)
for the election of the President and the Prime Minister to be held; and
(d) to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do
before the commencing day,
Come into force upon the enactment of the Constitution, but the person elected as President or Prime
Minister shall not enter upon his office before the commencing day.

(4)

Where by the Constitution a power is conferred to make rules or to issue orders with respect to the
enforcement of any provision thereof, or with respect to the establishment of any Court or office, or the
appointment of any Judge or office there under, or with respect to the person by whom, or the time when, or
the place where, or the manner in which, anything is to be done under any such provisions, then that power
may be exercised at any time between the enactment of the Constitution and its commencement

Or
The Constitution claims to be an act of "We the People." However, because it represents a general social
contract, there are limits on the ability of individual citizens to pursue legal claims allegedly arising out of
the Constitution. For example, if a law was enacted which violated the Constitution, not just anybody could
challenge the statute's constitutionality in court; instead, only an individual who was negatively affected by

the unconstitutional statute could bring such a challenge. [54] For example, a person claiming certain benefits
that are created by a statute cannot then challenge, on constitutional grounds, the administrative
mechanism that awards them.[55] These same principles apply to corporate entities,[56] and can implicate the
doctrine of exhaustion of remedies.[57]

Nature of Pakistan constitution

The Constitution of the Islamic Republic of Pakistan also known as the 1973
Constitution is the supreme law of the State of Pakistan.[1] Drafted by the
government of Zulfiqar Ali Bhutto, with additional assistance from the
country's opposition parties, it was approved by the Parliament on April 10 and
ratified on 14 August 1973. The original document was drafted by veteran politician
M.G.B. Bizenjo and Abdul Hafiz Pirzada. Once the then law minister Abdul Hafiz
Pirzada said in a TV interview that the architect of 1973 constitution was Mir Ghaus
Baksh Bizenjo. [2] It is Pakistan's third constitution and has been amended several
times

OR

Nature of democracy
India

The Constitution of India is federal in nature but unitary in spirit. The common features of
a federation such as written Constitution, supremacy of Constitution, rigidity of

Constitution, two government,

powers, bicameralism and independent judiciary

as

well as unitary features like single Constitution, single citizenship, integrated judiciary,

flexible Constitution, a strong Centre, appointment of state governor by the

Centre,

Services, Emergency etc

can be seen in Indian Constitution.

USA
Nature of democracy

The problem is that the humanist form of democracy, such as that practiced in much of the rest of the
world, operates from the false concepts of relativism and that everybody is exactly the same. They think
in terms of the rights of man, not the rights of individuals as we do in America.
They then attempt often through state power to create this myth in the real world. This is the source of
the conflict in American politics today in my opinion.

Democracy is only as functional as the nation and culture the voters live in.
America was never founded as a democracy, but a constitutional republic.
The Constitution was designed to protect individual liberty from the state and the irrational mobs that can sometimes overcome the political system.
Pakistan
Democracy and participatory governance are popular political notions in todays world. Fair and free
elections are the key pre-requisite of democracy. However, democracy lacks substance unless the electoral
process is coupled with the supremacy of the constitution, the rule of law, and civil and political rights and
freedoms for the people. The state must practice the principle of equal citizenship irrespective of religion,
caste, ethnicity and regional background. It must also ensure equality of opportunity to all for advancement
in social, economic and political domains and guarantee security of life and property of its citizens. While it
easy for the rulers, political leaders and parties, and others to pronounce their commitment to these
principles, the real challenge lies in making them operational. The key question is how does one create and
sustain institutions and processes that reflect the spirit of democracy and participatory governance? A large
number of states are unable to fulfill these conditions. The commitment of many rulers, leaders, and
organizations to democracy is merely rhetorical or they view democracy as an instrument to achieve power
and then implement a partisan non-democratic agenda. Others selectively employ some aspects of
democracy to create a faade. Still others hold elections, establish elected legislative bodies and install
elected governments but do not empower these institutions and the people holding key positions in them.
Power is thus exercised by an elite group while a semblance of democracy is created to legitimize its rule.
These operational realities create the problem of quality and substance of democracy.

Or
Democracy is one of the ideologies and systems upon which Pakistan was sought to
be established in 1947 as a nation-state, as envisaged by the leader and founding father of the

nation, Muhammad Ali Jinnah. Pakistan constitutionally is a democratic parliamentary

republic with its political based on an elected form of governance.

Basic features

Fundamental rights
India
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and Educational rights
6. Right to constitutional remedies
7. Right to life

USA
1 Right to self-determination [1]
2 Right to liberty [2]
3 Right to due process of law [2]
4 Right to freedom of movement [3]
5 Right to freedom of thought [4]
6 Right to freedom of religion [4]
7 Right to freedom of expression [5]
8 Right to peaceably assemble [6]
9 Right to freedom of association [7]

Pakistan
Contrary to 1956 and 1962 articles, several ideas in the Constitution were new, and guaranteed security of the
each citizens of Pakistan. First part of the Constitution introduce the definition of State, the idea of property,

individual, prohibition of slavery, preservation of languages, right to fair trail, and provided safeguard as to
arrest and detention as well as providing safeguards against discrimination in services. [21][22]

Doctrine of separation of powers

India
The doctrine of separation of powers has no place in strict sense in Indian Constitution, but the functions
of different organs of the Government have been sufficiently differentiated, so that one organ of the
Government could not usurp the function of another. In Constituent Assembly Debates Prof. K.T. Shah a
member of Constituent Assembly laid emphasis to insert by amendment a new Article 40-A concerned
with doctrine of separation of powers.

USA
U.S.A.: Usually it is said that the principle of separation of powers finds a good mention in the Constitution
of United States; while the Federal Constitution of the United States of America does not expressly provide
for the principle of separation of powers. Having reliance on the doctrine of Montesquieu, Madison, the
Federalist observed; The accumulation of all powers legislative, executive and judicial, in the same hands
whether of one, a few or many and whether hereditary, self appointed or elective, may justly be
pronounced the very definition of tyranny

PAKISTAN
Separation of powers

is a feature associated more with the presidential system of government. In a

typically parliamentary system, fusion of power is more common. In fusion of power the elected legislature
is supreme, while the other branches are subservient to it. In separation of powers, each branch enjoys a
considerable degree of independence from the other branches. This independence derives from the fact
that each branch is elected or selected independently of the other branches and neither of them is
beholden to any of the others for its continued existence.4 In a fusion of power system such as that of the
UK, the people elect the legislature and the elected legislature then chooses the executive. In contrast, in
separation of powers, it is not the national legislature which selects the executive, instead the executive is
chosen by other methods, for instance direct popular election, selection by Electoral College etc. In a
parliamentary system, when the term of the legislature ends the tenure of the executive selected by that
legislature also ends; however in a presidential system the executives term may or may not coincide with
the legislatures. In the American presidential system there are three very distinct branches of government.
The executive branch includes the office of the president and his cabinet, who are not legislators. The
legislative branch includes the House of Representatives, (the lower house) and the Senate (the upper
house). Together they are known as the Congress. The judicial branch encompasses the 3 See
http://www.indianofficer.com/forums/2062-separation-powers-vs-fusionpowers.html. 4 Barrie Axford, Gary K.
Browning, Richard Huggins and Ben Rosamond, Politics: An Introduction, 2nd edition (London: Routledge,
1997), 345-46. 56 Journal of European Studies supreme court systems. Each branch of government has
unique powers and is also able to influence the actions of another branch.

SECURALISM
INDIA
Secular means the relationship between the government and the people which is determined according to constitution and law. By the 42nd
Amendment, the term "Secular" was also incorporated in the Preamble. Secularism is the basic structure of the Indian constitution. The Government
respects all religions. It does not uplift or degrade any particular religion. There is no such thing as a state religion for India. In S.R. Bommai vs UOI
(1994) The SC of India held "A state which does not recognize any religion as the state religion, it treats all religions equally". Positively, Indian
secularism guarantees equal freedom to all religion. it stands for the right to freedom of religion for all citizens. Explaining the meaning of secularism
as adopted by India, AlexandrOwics has written, "Secularism is a part of the basic of the Indian Constitution and it means equal freedom and respect
for all religions."

USA
Secular states become secular either upon creation of the state (e.g. United States of America or India) or upon
secularization of the state (e.g. France or Nepal). Movements for lacit in France and for the separation of church and
state in the United States defined modern concepts of secularism. Historically, the process of secularizing states typically
involves granting religious freedom, disestablishing state religions, stopping public funds to be used for a religion, freeing the
legal system from religious control, freeing up the education system, tolerating citizens who change religion or abstain from
religion, and allowing political leadership to come to power regardless of religious beliefs

PAKISTAN
Secularism in Pakistan went from being a matter of practice in law by the Government of Pakistan to a political movement opposing the Islamization
policies of the military dictator General Zia-ul-Haq in the 1980s. The supporters of Islamisation on the other hand assert that Pakistan was founded as
a Muslim state and that in its status as an Islamic republic, it must thereby implement Islamic laws, known as Shariat. And that the context of Jinnah's
speech was true implementation of Islam in which all religions would have equal rights and live as free citizens as supported by the Islamic
jurisprudence itself as distinguished from a religious oligarchy.[3]

Amendments
Printouts to be paste

On next pg cont..
How far the constitution has been successful in promotion
of democracy
India

USA
How Democratic is the American Constitution? (2001, ISBN 0-300-09218-0, among others) is a book
by political scientist Robert A. Dahl that discusses seven "undemocratic" elements of the United States
Constitution.
The book defines "democratic" as alignment with the principle of one person, one vote, also known as majority
rule. The author praises the Framers of the Constitution as "men of exceptional talent and virtue" (p. 7) who
made admirable progress in the creation of their republican government. But Dahl also points out that
innovation and change in democratic techniques and ideals continued even after the Constitution was codified,
and the American system has not adopted all of those new ideas. He says that the Founders were partially
constrained by public opinion, which included maintenance of the sovereignty of the thirteen states.

PAKISTAN
Efforts to Promote Democracy

The Endowment's program in Pakistan focuses on three areas: trade unions and worker
rights, political party development and government accountability, and human rights and
democracy education.
National Democratic Institute
The NDI works with young, reform-minded party members who are committed to
accountable and transparent political processes and who can help parties renew their
leadership. NDI's programs focus on developing a comprehensive party reform program
that focuses on institutionalizing democratic governing structures and processes within
parties; promoting democratic internal elections and promotions for officer positions
that are based on merit rather than on wealth or patronage; increasing the participation
of women in parties; assisting parties to develop the capacity to conduct research on
citizens' views and concerns; and improving communication between national,
provincial and local party branches so that the party leadership has access to
information from local party members and can more effectively incorporate their
constituents' interests into the development of party platforms.
American Center for International Labor Solidarity
The Solidarity Center's Pakistan program works to improve understanding and
acceptance of worker rights and enforcement of labor standards, and the development of
new and effective means to address labor issues through information gathering,
education, advocacy, capacity building, and networking. Working with Pakistani NGOs
and labor unions, the Solidarity Center supports free legal counseling services and
advocacy programs that empower and strengthen women workers, training programs
that focus on trade union capacity strengthening and civic education, and efforts to
highlight the plight of working children and promote the rights of children.
Human Rights, Minority Rights, and Democracy Education
The Endowment's work in Pakistan also includes support for a number of inspiring
initiatives that work to promote human rights, including women's and children's rights, at
the grassroots, and to introduce the concepts of secular democracy, religious freedom,
peaceful nonviolent political discourse, and global engagement. These efforts are
targeted both at rural communities as well as activists in urban centers.