PST.pdf by rayyan siddiqui chap 13 with zero maringine

pst

1. Constitution Of Pakistan And India
Constitution Of United States And United Kingdom
Komal Nazeer (1115-2024)
Hassan Sultan (562-2024)
Muhammad Ahmed Ali (740-2024)
Muhammad Ahmed (922-2024)
Submitted to
Ma’am (Saima Shafique)

2. Constitutional Frameworks:
Pakistan, India, US, and UK
This presentation explores the constitutional frameworks of four major
democracies: Pakistan, India, the United States, and the United Kingdom.
We'll examine their historical backgrounds, key features, similarities, and
differences.
By comparing these diverse constitutional systems, we'll gain insights into
how different nations structure their governance, protect rights, and
distribute power. From Pakistan's Islamic republic to India's secular
democracy, from America's codified constitution to Britain's unwritten
traditions, each offers unique approaches to democratic governance.

3. The 1973 Constitution of Pakistan
11956 Constitution
Introduced parliamentary system but failed due to political instability and
military interventions
2 1962 Constitution
Introduced presidential government under military ruler Ayub Khan, viewed
as autocratic
31971 Separation
East Pakistan separated, creating need for a more inclusive constitution
4 1973 Constitution
Framed under PM Zulfikar Ali Bhutto, passed on April 10 and implemented
August 14, 1973

4. Key Features of Pakistan's Constitution
Parliamentary System
Establishes Pakistan as a parliamentary democracy with Prime Minister as
head of government exercising real executive authority, while President
serves as ceremonial head of state
Federal Structure
Pakistan is a federal state with four provinces and a federal capital.
Legislative powers are divided between federal and provincial governments
through Federal, Provincial, and Concurrent Lists
Islamic Provisions
Islam is declared the state religion. Laws must be consistent with Islamic
teachings. The Council of Islamic Ideology reviews laws for Shariah
compliance. Only Muslims can become President or Prime Minister
Independent Judiciary
An independent judiciary is enshrined with the Supreme Court as highest
authority. High Courts exist in each province with power of judicial review

5. The Constitution of India (1950)
Adoption
Adopted November 26, 1949, enforced January 26, 1950
Drafting
Led by Dr. B.R. Ambedkar in the Constituent Assembly
Structure
World's longest written constitution with 395+ Articles
After gaining independence from British rule in 1947, India needed a new constitution to replace colonial laws. The result was a
comprehensive document establishing India as a sovereign, socialist, secular, and democratic republic committed to justice, liberty,
equality, and fraternity.

6. Key Features of India's Constitution
Parliamentary Democracy
President as nominal head of state, Prime
Minister as real executive and head of
government
Federal Structure
Powers distributed between Union
Government, State Governments, and Local
self-governments
Independent Judiciary
Supreme Court as apex court with judicial
review powers
Fundamental Rights
Guarantees equality, freedom, protection
against exploitation, religious freedom, and
constitutional remedies

7. Comparing Pakistan and India's
Constitutions
Feature Pakistan (1973) India (1950)
Form of Government Parliamentary Democracy Parliamentary Democracy
Religion Islam is state religion Secular (no state religion)
Federal Structure Strong emphasis on
provinces
Strong center with state
powers
Role of Religion in Law Islamic principles must be
followed
Secular laws, religion not part
of state policy
Landmark Year -1973 Constitution adopted Kesavananda Bharati case
and Basic Structure
While both constitutions establish parliamentary democracies with fundamental rights and federal
structures, they differ significantly in their approach to religion and state. Pakistan's constitution
integrates Islamic principles, while India's maintains a strict separation between religion and state.

8. The United States Constitution
Codified Document
Single written document adopted in 1787
Separation of Powers
Three co-equal branches: Executive, Legislative, Judicial
Bill of Rights
First 10 amendments guarantee individual freedoms
The US Constitution established a federal system with powers divided between national and state governments. It features a rigid
amendment process requiring approval by 2/3 of Congress and ratification by 3/4 of states, resulting in only 27 amendments since
1789.

9. The United Kingdom's
Constitution
Uncodified Constitution
No single written document; evolved over centuries from multiple
sources
Parliamentary Sovereignty
Parliament can make or repeal any law; no court can overrule it
Fusion of Powers
Executive (Prime Minister and Cabinet) is part of the Legislature
(Parliament)
Flexible Amendment
Can be changed by a simple Act of Parliament with majority vote

10. US vs UK: Constitutional Comparison
Similarities
•Democratic principles and rule of law
•Three branches of government
•Protection of fundamental rights
•Representative government through elections
Key Differences
•Written vs. unwritten constitution
•Constitutional supremacy vs. parliamentary sovereignty
•Separation vs. fusion of powers
•Federal vs. unitary system
•Rigid vs. flexible amendment process
While the American system offers stability through its written, rigid constitution with clear separation of powers, the UK system
provides flexibility through its uncodified constitution and parliamentary sovereignty. Each approach has strengths in different
contexts, balancing stability with adaptability.

11. U.S. vs U.K. Constitutional
Governance
The U.S. Constitution’s written, rigid framework ensures clear governance limits.
It offers legal stability and protects individual rights effectively.
The U.K.’s unwritten, flexible system allows rapid change but risks inconsistencies.
Flexibility can limit rights without clear enforceable guidelines, unlike the U.S. system.
U.S. Constitution
Written, codified, and rigid for stability and rights protection.
U.K. Constitution
Unwritten, flexible, fast-changing but with potential rights limitations.

12. Dissimilarities Between the
U.S. and U.K. Constitutions
United States Constitution
•Written and codified supreme law
•Clear separation of powers
among branches
•Federal system dividing power
between states and federal
government
•Rigid amendment process
requiring supermajorities
United Kingdom
Constitution
•Unwritten, based on statutes and
conventions
•Fusion of executive and
legislative powers
•Unitary state with centralized
sovereignty
•Flexible changes through
parliamentary legislation

13. Conclusion
The 1973 Constitution of Pakistan and the 1950 Constitution of India both
established parliamentary democracies, defining fundamental rights, legal
frameworks, and governance structures for their nations. However,
Pakistan’s constitution incorporates Islamic principles, whereas India’s
constitution is secular, maintaining a clear separation between religion and
state.
Both constitutions have evolved through amendments and judicial
interpretations, continuing to shape the political, social, and legal landscapes
of their respective countries. While 1973 is pivotal in Pakistan’s constitutional
history, it also marks a landmark year for India due to the Kesavananda
Bharati judgment, which profoundly influenced the nation’s constitutional
doctrine.