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The difference between India and Pakistan based on constitutional questions is

Context

Recently, the newly elected Prime Minister of Pakistan, Imran Khan, promised to make “new Pakistan” in his first address in the country after taking the oath, which will be based on the ideals of “Jinnah and Iqbal’s path expresses”. Jinnah had preferred to establish Pakistan as a liberal Islamic state, as a liberal and democratic nation. Significantly, Pakistan is now turning towards a new constitutional democracy, so how is the national experience of India in relation to the key aspects of the Pakistan government and the law differently? This is the main reference to this article. Through this article, we will discuss the points of inequality among key aspects of the two countries’ constitution, government, court and elections.

Differences in the constitution

With the introduction of the constitution of the Islamic Republic of Pakistan to the call of “Almighty Allah”, the name of “Pakistan’s founder, Qayyad-e-Azam Mohammad Ali Jinnah” has been mentioned, while the Constituent Assembly of India Any reference was rejected even to the nomination of Father of the Nation Mahatma Gandhi.

Rights

  • In the introduction of the Constitution of Pakistan, the promise of “adequate provision” for the protection of legitimate interests of the minorities and the backward classes and the independence of the judiciary has been promised.
  • The preamble of the Indian Constitution is more complex, in which the rights of minorities and independence of the judiciary are inherent but they are not explicitly mentioned.
  • The Constitution of Pakistan recognizes the right to privacy. It was recently declared a fundamental right by the Supreme Court in India.
  • The Constitution of Pakistan also recognizes the right to education for children of 5 to 16 years of age.
  • At the same time, under the Free and Compulsory Education Act, 2009, education has been guaranteed for children aged 6 to 14 years of age.
  • In this regard, India passed the Right to Information Act in 2005.

Freedom 

  • Unlike the Indian Constitution, Pakistan specifically refers to the freedom of the press. But this subject is subject to “glory of Islam”.
  • Indeed, there is a condemnation law in Pakistan which, inevitably, provides death penalty for adverse and widely abusive behavior.
  • There is a conditional right to freedom of religion and unlike India, it is only available to the citizens there.

Differences on judiciary basis

  • The Government of Pakistan has no role in the appointment of the Chief Justice of the country.
  • The Constitution of Pakistan states that “the President will appoint the Supreme Judge of the Supreme Court as Chief Justice of Pakistan”.
  • In 2015, the Supreme court of India has constituted the National Judicial Appointment Commission, which was meant to decide the appointments and transfer of the judges of the Supreme Court. 
  • Pakistan has its own commission from 2010, which includes six judges, one senior advocate and two government candidates.
  • The commission’s recommendations are sent to the eight-member committee of Parliament and it confirms the nomination on the basis of majority.

In the case of misconduct 

  • In Pakistan’s constitution, there is a system for the formation of the highest judicial council to deal with alleged judicial misbehavior, in which the Chief Justice, the two seniormost judges of the Supreme Court and the two seniormost Chief Justices of the High Courts are included.
  • If the Council declares a judge guilty of “unable to comply with duty” or “abuse”, then the President has to face impeachment.
  • On the contrary, in the context of impeachment in the President of India, Parliament’s role is important and the basis of action is stricter, under which “proven misbehavior or inefficiency” is necessary.

Difference of opinion

  • In Pakistan, the prime minister can resign before the elections and in such a way the Leader of the Opposition and the PM chooses the caretaker PM.
  • If they do not agree on any name, then each of them is sent two speakers to the speaker.
  • After this the speaker will send these names to the Parliamentary Committee. There is equal representation of the ruling and opposition parties in this committee.

Election Commissioner’s appointment

  • Electoral Commissioners of India are elected by the government, who are usually the IAS officers but in Pakistan this process is more complicated.
  • In Pakistan, the Chief Election Commissioner should be a working or retired judge of the Supreme Court or the High Court, and if it is not, then it is necessary for him to be appointed as a judge of the Supreme Court.
  • In consultation with the Leader of the Opposition, the Prime Minister advances the three names of the 12-member Parliamentary Committee, in which the government and the opposition have equal representation. There are four other members of the Election Commission.
  • Each of them will be from the four provincial high court -Punjab, Sindh, Balochistan and Khyber Pakhtunkhwa.
  • Election Commission of Pakistan has financial autonomy in relation to these issues, but in India, the Election Commission has no such autonomy because appeals can be made here in the court.

Qualification of candidates 

  • Muslim candidates should be good character, intelligent, religious, honest and nonprofit for elections in Pakistan. Also, they have sufficient knowledge of Islam and should not engage in any sin.
  • Whereas the qualifications and qualifications of candidates in India are of legal nature, not related to religion.

Government

  • In Pakistan, the Prime Ministers and the Chief Ministers of the states are elected by the newly formed House, whereas according to the constitution there is no requirement of confidence vote if a party does not have a clear majority.
  • Polling continues in the equal position between the two candidates until a majority is secured.
  • Unlike India, there is no role of President or Governors in this situation, even if no party has a clear majority.
  • In the absence of a clear majority in India, the President or the Governor can declare the leader of the majority party as the Prime Minister or Chief Minister.

reservation 

  • Of the total 342 seats in Pakistan’s National Assembly, 272 are filled directly with elections and the remaining 60 seats are reserved for women.
  • Of these, 10 seats are reserved for religious minorities.
  • The four provincial assemblies have their own amount of reservation for both women and minorities.
  • The parties will have to give 5% of the general seats to the female candidates and if less than 10% of the women voters have cast their votes in any constituency, the result is considered to be zero.

Source: The Indian Express 

Updated: October 17, 2018 — 4:15 pm

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