POLITICAL SCIENCE PAPER 2

NOTES

CONTENTS PAGE NO

Role of sir sayed ahmad khan in pak movement 2

Role of allama Iqbal in pak movement 5

Role of Quaid-e-azam in pak movement 7

The constitution of 1956 10

The constitution of 1962 13

The constitution of 1973 15

18th constitutional amendment 18

Civil-Military bureaucracy in Pakistan 22

Political system of USA 23

Political system of Iran 37

Political system of Turkey 43

Political system of India 47

Political system of UK

Political system of France

Political system China

 POLITICAL MOVEMENTS IN INDIA (COLONIAL PERIOD)

ROLE OF SIR SYED AHMED KHAN IN PAKISTAN MOVEMENT

Sir Syed Ahmed Khan was born in 1817 in Delhi. After, early education he joined East India Company in
1835 as a sub clerk in the Court of law. In 1846 he promoted to Chief Judge. During the War of
Independence (1857) he was in Bajnor where he saved British women and children putting himself into
the risk. Owing to this service Sir Syed was asked to work as a governor but he refused because he
wanted to serve the Muslims.

BACKGROUND
After the War of Independence, the Muslims were the target of the revengeful activities of the British
government and the Hindus got an opportunity to make the British believe that the Muslims were a
threat to the British rule. As a result, national recognition of the Muslims was in severe danger. At that
crucial time Sir Syed Ahmed Khan was the first leader to come forward and tried to rescue the national
pride of the Muslims. He started Aligarh Movement.

OBJECTIVES OF ALIGARH MOVEMENT

Aligarh Movement was established to fulfil the following targets:

1. To build confidence between the government and the Muslims.

2. To persuade the Muslims to acquire modern knowledge and English language.
3. To hold back the Muslim from the politics.

EDUCATIONAL SERVICES OF ALIGARH MOVEMENT

Sir Syed Ahmed Khan wanted the Muslim nation to be educated to keep pace with the modern
advancement. He was of the opinion that honour of the nation could be achieved only by education. He
advised the Muslims to get the most modern western education. He established educational institutions
for the Muslim youth and guided them both theoretically and practically.

1. School in Muradabad
Sir Syed Ahmed Khan established the educational institution in Muradabad 1859. That was a Persian
school.

2. School in Ghazipur
Sir Syed Ahmed Khan established a school in Ghazipur in 1862.

3. Scientific Society
Sir Syed established a unique institution Scientific Society in Ghazipur in 1863. The headquarters of this
society were shifted to Aligarh in 1876. The purpose of its establishment was to acquire the books in
other languages and translate them in Urdu. Sir Syed stressed upon the need for education in English
language so that the Muslim generation could learn the Western are modern knowledge as soon as
possible.
 4. Establishment of M. A. O. School Aligarh
Sir Syed Ahmed Khan set up M. A. O. School in Aligarh in 1875; later on (in 1877) it was upgraded to
college. This institution became Muslim University Aligarh in 1920.

5. Muhammadan Educational Conference

Sir Syed established another organization in 1886 to provide funds to fulfil the requirements f Aligarh
Movement. This organization served the Muslim community in all the fields (social, political and
religious). The main aim was to inspire the Muslims to work in the field of education. It was this
movement that laid the foundations of All India Muslim League in Dhaka in 1906 in its annual meeting.

SYLLABI
"Philosophy will be in our right hand, natural science in our left hand and the crown of Islamic ideology
will be on our head" were the thoughts of Sir Syed Ahmed Khan when deciding the syllabi of the
institutions. He put every effort to make the syllabus a good blend of Western, Eastern and Islamic
education.

LITERARY SERVICES OF SIR SYED AHMED KHAN

1. Prolific Writer
Sir Sayed himself was a prolific writer. Luckily, he was supported by a group of intellectuals, essayists,
critics, historians and poets. Ho used literature for the national progress. The Muslim followed the
Aligarh Movement, and they achieved their objectives.

2. Khutabat-e-Ahmadia
In 1869, Sir Syad Khan wrote a book Khutabat-e-Ahmadia to defend the Holy Ds (PBUH) in reply to
'More's book.

3. Tabbain-ul-Kalam
He wrote a commentary on Bible called Tabbian-ul-Kalam.

4. Risala Tehzib-ul-Ikhlaq
In 1970, Sir Syed Ahmed Khan published a pamphlet, Risala Tehzib-ul-Iklhaq in which he described social
problem of the Muslims and he tried to eliminate the prejudice among the Muslims towards the non-
Muslims.

5. Asar-us-Sanadeed
For the social welfare of the Muslims he wrote Asar-us-Sanad.

6. Translation Works
Following books were translated:

a. Ain-Akbari
b. Tuzok-e-Jahangri
 c. Tarikh-e-Sarkashi Bajnor

In addition to all this Sir Syed also wrote Tafseer-ul-Quran, Loyal Muhammadans of India and Risala
Asbab-e-Baghawat Hind.

SOCIAL AND ECONOMIC SERVICES OF ALIGARH MOVEMENT

Sir Syed took many steps to regain the lost social and economic status of the Muslims. The suppressed
and ruined community became dynamic.

1. Lost Glory
Sir Syed Ahmed guided the Muslims on every level to regain their lost glory.

2. Risala Asbabe-Baghawat-e-Hind
After the War of Independence 1857, he wrote Risala Asbab-e-Baghawat-e-Hind in which he described
the actual reasons behind this war.

3. Loyal Muhammadans of India

Sir Syed wrote this book to make the British aware of the services of the Muslims. Through this book he
got sensible behviour of the British for the Muslims of India.

4. Government Jobs for the Muslims

As a result of Sir Syed's campaign, the Muslims of India got remarkable jobs in government sector on a
large scale.

5. Orphanages
He established orphanages for Muslim children so that they may not become Hindu Christian. It was
really a great service of him. In this way, he tried to construct a bridge between the British and the
Muslims.

POLITICAL SERVICES OF ALIGARH MOVEMENT

Sir Syed advised the Muslims to remain away from politics and he himself took important steps to
educate the Muslims for their socio-economic restoration so that they might acquire the status
equivalent to that of Hindus. He was of the view that education is the only weapon to keep pace with
model advancement.

1. Two- Nation Theory

He was no doubt in the favour of Hindu- Muslim unity in the beginning but after Urdu- Hindi Controversy
he came to know the nature of the Hindu nation. Then, for the first time in the history he used the word
"Nation" for the Muslims in 1867. So, we can say he was the founder of Two-Nation Theory in
subcontinent. On the basis of Two- Nation Theory, Sir Syed asked for special safeguards for the Muslims
in different fields. Special seats for the Muslims in the local councils were demanded, in addition to
other safeguards.
 2. Quota in services
He Started a movement against the open competitive examinations for superior services. He also
rejected the government of the majorities because that could lead to the monopoly of the Hindus in
India.

3. Advice to avoid politics

After the war of 1857, he advised the Muslims to remain away from politics until they would become
strong in education.

4. Urdu- Hindi Controversy

After Urdu- Hindi Controversy in Beneras Sir Syed understood the mentality of the Hindus and he
pressurized the British to avoid replacing Urdu with Hindi.

5. Behaviour towards Indian National Congress

Sir Syed forbade the Muslims to join the Indian National Congress founded by A. O. Hume in 1885, as he
could understand the objectives of this party.

6. Political Reforms
He restrained the Muslims from joining Congress and struggle for special seat of the Muslims in local
councils. He also started a movement against the open competitive exams to avoid the monopoly of the
Hindus.

Conclusion
The services of Sir Syed were highly applaudable, therefore, he is recognized as one of the founders of
Pakistan. Maulvi Abdul Haque appreciated the role played by Sir Syed and said, "The first stone of the
foundation of Pakistan was laid down by this old man."

ROLE OF ALLAMA IQBAL IN PAKISTAN MOVEMENT

ALLAMA IQBAL IN PAKISTAN MOVEMENT Allama Muhammad Iqbal was born on November 9, 1877 in
Sialkot. After seeking early education, he was admitted to the Government College, Lahore, where he
obtained the degree of M.A. in the subject of philosophy. He left for England for higher studies in 1905.
He obtained the degree of philosophy of ethics in 1907; he obtained the degree of doctorate (Ph.D.)
from Munich University.

IQBAL AND PAKISTAN MOVEMENT

Although his main interests were scholarly, Iqbal was not unconcerned with the political situation of the
country and the political fortunes of the Muslim community of India. Already in 1908, while in England,
he had been chosen as a member of the executive council of the newly- established British branch of the
Indian Muslim League. In 1931 and 1932 he represented the Muslims of India in Round Table
Conference held in England to discuss the issue of the political future of India. In in a 1930 lecture Iqbal
suggested the creation of a separate homeland for the Muslims of India. Iqbal died (1938) before the
creation of Pakistan (1947), but it was his teaching that spiritually…has been the chief force behind the
creation of Pakistan.

IQBAL'S IDEA ABOUT NATIONHOOD

Allama Iqbal is the greatest philosopher and poet of the present era. Along with this, he possessed the
view about political affairs. He awakened the feeling of Muslim nationhood among the Muslims of India
through his poetry and told them about the propaganda of West about the Muslim nationhood.

His thinking and poetry reflect the Two- Nation Theory and his poetry awakened the feeling of Islamic
Nationality among the Muslims of India. This feeling was a milestone in the created of Pakistan.

IQBAL AND TWO - NATION THEORY

Allama Iqbal firmly believed that the Muslims of India have a separate identity and to protect this
identity, the establishment of a separate homeland for the Muslims of India was necessary. On March
28, 1909, he excusing the invitation from the secular party " Minsva Lodge " said,

“I have been a keen supporter of this theory that religious differences in the country should end and
even now I practice the principle. But now I think that separate national identity for the Muslims and
the Hindus is necessary for their survival. "

At his presidential address in 1930, on the occasion of the annual session of Muslim League at Allahbad,
Iqbal said

"India is a continent of human groups belonging to different races, speaking different languages and
professing different religions. There behavior is not at all determined by a common race
consciousness. I, therefore, demand the formation of consolidated Muslim State in the best interest of
India and Islam."

PAKISTAN'S SKETCH
Allama Iqbal's Presidential Address at Allahbad in 1930 determined the political path of the Muslims of
subcontinent. In his address, he in clear words said,

“I would like to see the Punjab, North - West Frontier Province, Sindh and Balochistan be
amalgamated into a single State."

He further Stated that,

"The formation of a consolidated North - West Indian Muslim State appears to be the final destiny of
the Muslims, at least of North - West India."

Thus, Iqbal demanded a sovereign independent Muslim State even before the Muslim League
demanded it in Pakistan's Resolution.

ROUND TABLE CONFERENCE

During 1930-1932 three sessions of Round Table Conference were held. Iqbal attended Second and
Third Round Table Conference. Having attended the Second Round Table Conference in September,
1931 in London, he was keenly aware of the deep - seated Hindu and Sikh prejudice and
unaccommodating attitude. He had observed the mind of the British government. Hence, he reiterated
his apprehensions and suggested safeguards in respect of the Indian Muslims.

During the Third Round Table Conference, Iqbal was invited by the London National League where he
addressed and audience which included among others, foreign diplomats, members of the House of
Commons, members of the House of Lords and Muslim members of R.T.C. delegation. In that gathering
he dilated upon the situation of the Indian Muslims. He explained why he wanted the communal
settlement first and then the constitutional reforms. He stressed the need for provincial autonomy
because autonomy gave the Muslim majority provinces some power to safeguard their rights, cultural
traditions and religion. Under the central government the Muslims were bound to lose their cultural and
religious entity at the hands of the overwhelming Hindu majority.

IQBAL'S LETTER TO QUAID - E – AZAM

The seed sown, the idea to begin to evolve and take root. It soon assumed the shape of Muslim State or
States in the western and eastern Muslim majority zones as is obvious from the following lines of Iqbal's
letter, of June 21, 1937, to the Quaid - e - Azam, only ten months before the former's death.

"A separate federation of Muslim Provinces, reformed on the lines. I have suggested above, is the
only course by which we can secure a peaceful India and save Muslims from the domination of non –
Muslims. Why not the Muslims of North - West India and Bengal should be considered as nations
entitled to self - determination just as other nations in India and outside India are", he wrote.

IDEOLOGY OF PAKISTAN AND IQBAL

Iqbal was strictly against nationalism. He considered all the Muslims to be a part of One Ummah. For
him, a Muslim whether he belongs to any part of the world is the part of brotherly relation. He
considered nationalism to be a coffin for the Muslim Ummah.

CONCLUSION
In short, personality of Allama Iqbal has left indelible marks in history. He tried to awaken the Muslims
of India through his philosophy, poetry and politics and he brought the ideas of independence among
the Muslims of India. Iqbal died on April 21, 1938. He was buried in front of the "Badshahi Mosque" in
"Huzori Bagh".

ROLE OF QUAID AZAM IN PAKISTAN MOVEMENT

Pakistan is the only State that came into being on the bases of strong ideology. Since its establishment it
has been demanded to accomplish its basic aim.

Ideology
The social or political programme of any movement that becomes a collective objective of any nation is
called Ideology. Ideology means such an aim according to which human beings planned about their
future.

The Ideology of Pakistan

The Ideology of Pakistan was the consciousness of the Muslims in the historical perspective of the south
Asian subcontinent that they were a separate nation on the basis of the Islamic ideology. No doubt,
Islamic ideology is the base of ideology of Pakistan so the basic fundamentals of Islam are also the bases
of the Ideology of Pakistan.

IDEOLOGY OF PAKISTAN AND DIFFERENT SCHOLARS

Ideology of Pakistan is defined by the different sociologist as:

1. Syed Ali Abbas

Syed Ali Abbas former professor of history defined ideology of Pakistan as "Ideology of Pakistan and
Ideology of Islam have same meaning. Actually, ideology of Pakistan is the practical shape of the
teachings of Islam."

2. Allama Alla- ud-Din-Siddiqui

A well- known scholar Allama Alla- ud-Din Siddiqui defined ideology of Pakistan as "Ideology of Pakistan
is the name of implementation of Islamic principles on persons on groups and on government and Islam
should be stronger than the strongest forces here."

QUAID-E-AZAM AND IDEOLOGY OF PAKISTAN

Quaid-e-Azam was the liberator of the Muslim nation in subcontinent. He struggled for the separate
State on the bases of Islamic Ideology. He himself explained this basic ideology.

1. Foundation of Muslim Nation

Once Quaid-e-Azam said, "Pakistan came into being the very day when the first Hindu became a
Muslim."

2. Pakistan and the Holy Quran

In the annual meeting of 1943 at Karachi Quaid-e-Azam said while clarifying the relation of Pakistan and
Islam:

"What is that relation which has made Muslim a single body? What is that rock on which the structure of
Muslim Nation is restored? What is that base which has secured the safety of the boat of this Muslim
Nation? That relation, rock and base is the Holy Quran."

3. Islam is a complete code of life

While addressing the students in March 1944 he said, "Our guide is Islam and this is the complete code
of our life. We neither need any red or yellow flag nor do we need any Socialism, Communism,
Nationalism or any other ism."

4. Elimination of differences
On March 21, 1948 while addressing the people in Dhaka and said, "I want not to see you to talk as a
Sindhi, Balochi, Punjabi and Bengali. What is the fun of saying that we are Punjabi, Sindhi or Pathan? We
are only Muslims."
5. National Identity of the Muslims
In the light of the history of the subcontinent Quaid-e-Azam argued that Muslims have never been a
minority. They are a perfect nation and have the right to establish an independent State in those areas
where they are in majority.

6. Pakistan, a practical laboratory for Islamic system

While addressing the students of Islamia College, Peshawar on January 13, 1948 Quaid-e- Azam said,
"We did not demand Pakistan just to own a piece of land but we in fact wanted to have a laboratory for
experimenting the true teachings of Islam."

7. Protection of Muslim culture

Addressing the army officers in October 1947, the Quaid said,

"Our object was to create such a State where we can live freely, our culture and civilization get
flourished, and where Islamic concept of social justice can flourish exactly.

8. A Staunch supporter of the Two Nation Theory

He was a great supporter of two-Nation Theory and he considered the Muslims a separate nation from
every aspect. He said,

"The Muslims are a nation by every right to establish their separate homeland. They can adopt any
mean to promote and protect their spiritual, moral, economic, social, political and cultural interests."

9. Origin of Pakistan
In his address at Ahmedabad on December 29, 1940 Quaid-e-Azam said,

"Pakistan existed from centuries. North West remained a homeland of Muslims. Independent States of
Muslims should be established in these areas so that they might live according to the teachings of
Islam."

10. Separate Status of The Muslims

In his address at Lahore on March 23, 1940 it was clearly mentioned,

"No Act or Law would be acceptable which deny the separate status of the Muslims."

11. Demand for the Separate Homeland

Quaid-e-Azam said in his presidential address at Lahore on March 23, about the demand of separate
homeland for the Muslims as:

"Hindus and Muslims belong to two different religions based on totally different beliefs and present the
different ideologies. They have different epics, different heroes and different history. Therefore, the
union of two nations is fatal for the subcontinent, because it is not based on equality but one numerical
minority and other as a majority. It would be better for the British government to partition the
subcontinent by keeping in view the interests of the two nations. It will be a correct decision religiously
and historically."
12. National Solidarity
Quaid-e-Azam wanted to establish such a Pakistan which is strong and united from every respect. Once
he said after the creation of Pakistan,

"The people who think that they will demolish Pakistan they are foolish and not in their senses. There is
no any power in the world who demolishes Pakistan. The roots of Pakistan are very deep and strong."

In the light of abovementioned facts, we can easily conclude that the Quaid-e-Azam was truly aware of
the basic demands of an Islamic State and he struggled for it. According to his ideas, Islam was the only
base of the Ideology of Pakistan.

GOVERNMENT & POLITICS IN PAKISTAN

THE CONSTITUTION OF 1956

BACKGROUND
Chaudary Mohammad Ali was a sincere politician and an experienced parliamentarian. H. took personal
interests in the constitution-making process. He presented the draft of the fire Constitution of Pakistan
in the second assembly. It was approved by the assembly on 29, 1956. Then, this draft was sent to the
Governor-General Major-General Iskander Mirza who ratified it on March 2, 1956. Thus, the first
constitution of Pakistan was formed nine years after the independence of the nation. Finally, the first
constitution was enforced on March 23, 1956 and Pakistan was declared as Republic.

SALIENT FEATURES OF THE CONSTITUTION OF 1956

1) Preamble
Objectives Resolution was made a part of the constitution of 1956 which declared that the all
sovereignty belonged to Allah.

2) Written Constitution
The Constitution of 1956 was a written document. It consisted of 234 Articles, 3 Parts and 6 Schedules.

3) Semi-rigid Constitution
It was a semi-rigid constitution. Unlike the constitution of USA, it was not very difficult to make
amendment to it; only one-third majority of the assembly could make an amendment to it.

4) Federal System
The Constitution of 1956 provided a federal system in the country which consisted of the following
institutions:

a) President
According to the Constitution of 1956, President was the Head of State. He was a Muslim who was
elected by the National Assembly and all the four provincial assemblies by a majority vote for a period of
five years. He enjoyed the following powers:
  He could nominate the prime minister.
 He could appoint the provincial governors, judges of Supreme and High courts, auditor general
and attorney general.
 He could call a session of the National Assembly and was authorized to dissolve it.
 He was authorized to promulgate ordinance during the period when the National Assembly was
not in session.
 He was authorized to reduce or condone the punishment given by the Courts.
 He could declare emergency in the country.
b) Federal Government
Federal Government comprised the president, the prime minister, the National Assembly, and the
Federal Cabinet, the chiefs of Army, Navy and Air Force and the Supreme Court. The Federation of
Pakistan comprised four provinces, federal and tribal areas. There were three lists of subjects, viz. the
federal list, the provincial list and the concurrent list.

c) The Parliament
The constitution of 1956 provided a unicameral legislature called the National Assembly which consisted
of 300 members. Out of these, 150 members were elected from East Pakistan and 150 from West
Pakistan. It enjoyed full authority over the federal list of subjects. It was compulsory to call two sessions
of the assembly in a year one to be held in Decca while the other was to be convened in, Karachi.

5) Independence of Judiciary
the Constitution of 1956 established an independent judiciary which consisted of the following Courts:

a. The Supreme Court

b. The High Courts (One each in East and West Pakistan)
c. The Lower Courts
6) Basic Rights
The Constitution of 1956 provided the following Basic Rights to its people irrespective ef religion, caste
or creeds:

a. Security to person and property

b. Freedom of movement
c. Freedom of speech
d. Freedom of assembly
e. Freedom of association
f. Freedom to hold property
g. Freedom to profess religion
h. Freedom to earn livelihood

7) National Language
Both Urdu and Bengali were granted the status of national languages. However, it was decided that
English would be the official language for 25 years.
 8) Islamic Provision of the Constitution
The Constitution of 1956 included the following Islamic provisions:

a. According to the Constitution of 1956, the country was named as "Islamic Republic of Pakistan."
b. The Objectives Resolution was made a part of it which declared that Sovereignty of the universe
belonged to Almighty Allah.
c. According to Article 32, the president of Pakistan would be a Muslim and of 40 years of age.
d. Article 18 provided that the all citizens would be free to profess and practice their religion.
e. According to Article 198, no un-Islamic law would be enacted in Pakistan.
f. The constitution provided for brotherly relations with Muslim countries.

CRITICAL ANALYSIS/DRAWBACKS OF THE CONSTITUTION OF 1956

The Constitution of 1956 was a great achievement but it was also criticized for its some flaws. We can
pinpoint some of them as following:

i. Absence of Islamic Provisions

No provisions were made to make Islam as a state religion.

ii. Head of a State

In the absence of the president, the speaker of the National Assembly might be acting president and a
speaker might be a non-Muslim. In other words, Head of State could be a non-Muslim.

iii. Authority Delegated to the People

According to the Constitution, the authority was delegated to the people of Pakistan and the people of
Pakistan could be Muslims and non-Muslims.

iv. Response of East Pakistan

The people of East Pakistan were not happy with this constitution because they were demanding their
share in the government according to their population because their population was more than that of
West Pakistan. Moreover, they were demanding to declare the religion of the State as Islam. But the
rulers of the day were not inclined to do. Iskander Mirza said, "We cannot run wild on Islam." So these
controversies gave rise political and constitution2al problems in the country and ultimately paved the
way for military intervention.

CAUSES OF FAILURE OF THE CONSTITUTION

The Constitution of 1956 was abrogated in 1958. The causes of its failure were as under:

a. Lack of Proper Election

No general election was held. from 1947 to 1958 for the National Assembly, with the result that the
people lost faith in the members of Constituent Assembly that continued to work after it had framed the
constitution. Therefore, the parliamentary system could not flourish and failed.

b. Corruption in Political life

Widespread corruption in political life of the country, with the result that seats in the legislature became
investment for acquiring wealth and influence.

c. Lack of Educated Electorate

Lack of Educated and public-spirited Electorate. Because of the lack of education, the people did not
take active part in the affairs of the country. Since they were not politically conscious, they could not
safeguard their rights properly.

d. Multi party system

The multi-party system was one of the main causes of its failure.

e. Lake of discipline and solidarity

The politicians were insincere and preferred their personal interests over national interests.

f. Weak leadership
The eleven-year period from 1947 to 1958 was a period of political instability which witnessed the rise
and fall of nine prime ministers. These circumstances were not conducive to democracy which was a
hallmark of the constitution of 1956.

g. The constitution was created on one unit

The constitution was modelled on the One Unit of West Pakistan. Opponents of the One Unit created
hatred against the Constitution.

THE CONSTITUTION OF 1962

BACKGR0UND
Pakistan became an independent state in 1947. The first document that served as a constitution for
Pakistan was the Government of India Act, 1935. The first Pakistani Constituent Assembly was
elected in 1947 and after nine years adopted the first indigenous constitution, the short-
lived Constitution of 1956. In October 1958, President Iskander Mirza abrogated the constitution.
Shortly afterwards General Ayub Khan deposed Iskandar and declared himself president.

On 17 February 1960 Ayub Khan appointed a commission to report on the future political framework for
the country. The commission was headed by the former Chief Justice of Pakistan, Muhammad
Shahabuddin, and had ten other members, five each from East Pakistan and West Pakistan, composed
of retired judges, lawyers, industrialists and landlords. The report of the Constitution Commission was
presented to President Ayub on 6 May 1961 (according to some writer’s report was presented on 29
April 1961) and thoroughly examined by the president and his Cabinet. In January 1962, the Cabinet
finally approved the text of the new constitution. It was promulgated by President Ayoub on 1 March
1962 and finally came into effect on 8 June 1962. The Constitution contained 250 articles divided into
twelve parts and three schedules. With the enforcement of this Constitution after 44 months, martial
law came to end.

SALIENT FEATURES
 I. Written Form
The Constitution of the 1962 was a comprehensive document comprising of 250 articles and 3
Schedules. It was also written.

II. Name of the Country

The Constitution of 1956 declared, "The Republic of Pakistan" as the country name. However, owing to
the public reaction, the word Islamic was included later on. The full name of the country thus became
the Islamic Republic of Pakistan.

III. Presidential System

A Powerful President who was responsible for administration and affairs of the state. He should be a
Muslim, at least 40 years of age, should be qualified to be a member of NA. He would be elected
through indirect elections for a period of five years.

IV. Powers of the President

President was the Focal point of all the Executive, Legislative and Judicial powers. Cabinet was
responsible to him. All key appointments were to be made by President. He could issue Ordinances. He
could also declare State of Emergency in the country.

V. National Assembly (NA)

NA was consisted of one house on the basis of principle of parity between two wings of the country.
There were 150 seats plus 6 seats were reserved for women. All were elected indirectly. For the
membership minimum age limit was 25 years.

VI. Legislative Powers

NA had all the powers of law making but law was to be finally ratified by the president. President could
sign, reject or return the bill.

VII. Financial Powers

Financial Powers of NA were limited. Only new expenditure could be voted. NA could not reject
Consolidate Fund List and Recurring Expenditure.

VIII. Federalism
There were two units (provinces) of the federation: East Pakistan and West Pakistan, only one list of
subjects, i.e., the Federal list was given in the constitution while residuary powers were vested with
units.

IX. Provincial Governments

Governors were head of the provinces and govern the province with his cabinet. Provincial governments
were directly under the control of President.

X. Fundamental Rights
Fundamental Rights were provided in the constitution.

XI. Advisory Council for Islamic Ideology

An Advisory Council for Islamic Ideology was made in the constitution having 10 members. It was a
recommendatory body.

XII. Islamic Research Institute

It was designed for the Research and instructions in Islam for assisting the reconstruction of Muslim
society on truly Islamic lines.

CONCLUSION
The principal objections to the 1962 Constitution were the Presidential system, the indirect franchise,
and the non-justiciability of fundamental rights. Ayub was not willing to consider the preference of the
East Pakistanis for parliamentary form of government. He felt very strongly about the state structure he
had created under the 1962 Constitution and removal of any vital element from the constitution, in his
opinion, would cause the whole edifice to collapse. He was convinced that only a Presidential form of
government could ensure Pakistan's unity and hence, there could be no tempering with this feature of
the constitution.

He felt that all the powers of State should be concentrated in the hands of the president who alone
could guarantee unity, integrity, and solidarity of the State of Pakistan.

THE CONSTITUTION OF 1773

Background
After the debacle of 1971, the country faced serious political and constitutional problems. The
Constitution of 1962 had been abolished. Zulifkar Ali Bhutto when took over the reins of the country, he
gave a serious attention towards the framing of a new constitution for the country. The National
assembly appointed a committee on February 17, 1972. The committee was headed by Hafeez Pirzada
to frame a draft constitution for the new constitution. The committee submitted the draft constitution in
the National Assembly on February 2, 1973. The draft was passed by the assembly and the President
gave his assent on April 12, 1973. It was promulgated on August 14, 1973.

SALIENT FEATURES OF THE CONSTITUTION OF 1973

1) Written Constitution
The constitution of 1973 is a written document. It consists of 12 parts comprising of 27 Chapter sand 280
Articles. The 12 parts deals with the following topics.

 Part One is Introductory Part

 Part Two is deals with Fundamental Rights
 Part Three is deals with the Federation of Pakistan
 Part Four is deals with the provinces
 Part five is deals with the links between Federation and Provinces
 Part Six is deals with the matters like finance, property and contracts
  Part Seven is deals with Judiciary
 Part Eight is deals with Electoral System
 Part Nine is deals with Islamic Provisions
 Part Ten is deals with emergency
 Part Eleven is deals with Amendment Procedure
 Part Twelve is deals with Miscellaneous matters
2) Introductory
The constitution of 1973 commences with an introductory in which Objectives Resolution is included
which declares God's sovereignty over the Universe.

3) Rigid constitution
It is a rigid Constitution means it is not easy to make amendment to it. Only two-thirds majority of both
the houses of Parliament is required for any amendment.

4) Federal System
The constitution introduced a federal system in the country. According to this system, the country
consisted of federal government and four provinces. President is the Head of State.

5) Parliamentary System of Government

Unlike the Constitution of 1962, the Constitution of 1973 introduced a parliamentary system of
government in the country. Prime Minister is the Head of Government. He is the leader of the majority
party in the parliament. He runs the affairs of the country with the help of a cabinet. The members of his
cabinet are chosen by him. Prime Minister enjoys wide powers.

6) Bicameral Legislature
Unlike the constitution of 1956 and 1962, this constitution set up a bicameral legislature Majlis-e-Shoora
consists of a National Assembly and a Senate. The tenure of the National Assembly is five years. The
senators are elected for the term of six years. Half of the members of Senate retire after every three
years.

7) Direct Elections
The Constitution of 1973 provides for a direct system of election to the members of National and
Provisional assemblies. The elections are held on adult franchise basis.

8) Fundamental Rights
This constitution guarantees the following fundamental rights to all citizens:

 Security of person and property

 Safeguard against slavery and forced labour
 Freedom of Movement
  Freedom of Speech
 Freedom of Peaceful assembly
 Freedom to hold property
 Freedom to earn livelihood
 Equality before law
 Freedom to profess religion
 Protection of language and culture
9) Independent Judiciary
This constitution has set up independent judiciary in the country. The judges are appointed by the
President of Pakistan after a detailed procedure involving Judicial Commission, Parliamentary
Committee and Prime Minister but they cannot be removed from services without the
recommendations of supreme judicial Council.

10) Rule of Law

The constitution has established rule of law in the country. According to 1973 constitution, the people of
Pakistan are guaranteed their fundamental rights and all of them are equal before law.

11) National Language

Urdu has been declared national and English as an official language.

12) Islamic Provisions

The Constitution included following Islamic provisions:

 Country was named as Islamic Republic of Pakistan.

 God's sovereignty was declared over the universe and authority delegated by Him is a sacred
trust.
 Islam was declared as a State religion of Pakistan.
 Teachings of Holy Quran and Arabic made compulsory in the country.
 Muslims shall be allowed to mold their lives according to the teachings of Islam.
 Prime Minister and President should be Muslims.
 During oath-taking ceremony, both president and prime minister must declare that they believe
in the Oneness of Allah Almighty, the sacred revealed books of Allah with the Holy Quran being
the last of all and the Prophet- hood of Muhammad (PBUH) as the last prophet of Allah.
 Parliament was given the Islamic name as Majlis-e-Shoora.

CRITICAL ANALYSIS
In light of the previous experience, the Constitution of 1973 was more Islamic in character than the
previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping
this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The
Constitution recognizes Islam as the religion of the country and enjoins upon the State to serve the
cause of Islam and to bring all existing laws in conformity with Islam Council of Islamic Ideology was set
up to recommend ways and means to bring existing laws of the country in conformity with the Islamic
principles.

The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General
Muhammad Zia-ul-Haq, who imposed martial law in the country on July 5, 1979. However, General
Muhammad Zia-ul-Haq who ran the country with martial law passed the Eighth Amendment in the
Constitution in 1985. This Amendment empowered the president to dissolve the National Assembly
under Article (58(2)b). This Article was later repealed by the Parliament during Nawaz Sharif's era
through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn
repealed by the Legal Framework Order of 2002, which effectively restored the discretionary powers of
the president enacted by the Eighth Amendment

18TH CONSTITUTIONAL AMENDMENT

The Amendment brought about major structural changes in the Constitution.

1) It conferred powers upon the prime minister that he did not have making him a powerful Head.
2) It turned the president into a toothless tiger.
3) It allowed the prime minister to hold the seat more than two times largely seen as facilitation
for Nawaz Sharif to become prime minister a third time.
4) It took away right of the president to impose emergency rule in any province or dissolve
National Assembly until with the concurrence of the prime minister.
5) Appointments of chiefs of Army, Navy, Air force, chairman Joint Chiefs of Staff Committee and
governors to be appointed upon advice of prime minister.

IMPLICATIONS OF THE 18TH AMENDMENT:

A. Institutional Implications
Eighteenth Amendment introduced profound changes in intergovernmental coordination. The most
significant of these changes is the reassertion of two institutions of the federation -the Council of
Common Interests (CCI) and the National Economic Council, which aims to strengthen provincial
representation as discussed below.

1) The Council of Common Interests

The CCI was initially created by the 1956 constitution. The CCI is to be chaired by the prime minister and
include four provincial chief ministers and three federal government nominees as members. It will have
a permanent secretariat and is required to meet at least once every quarter. The CCI has been entrusted
with decision making, monitoring, supervision, and control responsibilities over the Federal Legislative
List Part II, which includes the following: railways; minerals, oil, and natural gas; hazardous materials;
industrial policy; electricity; major ports; federal regulatory authorities; national planning and economic
coordination; supervision and management of public debt; censuses; provincial police powers beyond
provincial boundaries; legal matters; regulation of the legal, medical, and other professions; standards in
education and research; interprovincial coordination; and conflict resolution.
 2) National Economic Council
The National Economic Council is also a constitutional body with oversight responsibility for national
economic policies and has remained active in the past. Chaired by the prime minister, its membership
previously had been left to the president's discretion, provided that at least one member from each
province was favour of the provinces by mandating two members each, including the chief ministers of
each province, and four federal members appointed by the prime minister. The Council must now meet
at least once every six months.

3) Constitutional Rearrangements in Pakistan

The constitution gave the responsibilities and reassigned selective functions of the federation to be
guided by the CCI and devolved others to the provinces. The former list consisted primarily of natural
resources, electricity, and regulatory functions. The latter encompasses most economic and social
services. This has resulted in the abolition of 17 ministries with a combined budget of PKR 49 billion for
the fiscal year (FY) 2011 – including the ministries of food and agriculture, education, and health.

With the abolition of the ministry of education, Pakistan joins Canada as the only two federal countries
with no ministry of education at the federal level. With the abolition of the health ministry, Pakistan
assumes a unique status among all federal countries.

4) Outlook for Provincial Finances

The 18th Amendment has expanded the provinces' tax domain to include a dynamic a buoyant tax base
- sales tax on services. This base alone, if effectively taxed, could yield revenues equivalent to 0.5-1% of
gross domestic product (GDP).

B. Fiscal Implications of the 18th Amendment

With the 18th Amendment, almost all direct public services become a provincial responsibility. As a
consequence, 17 central government ministries have been devolved to the provinces. As mentioned
earlier, some of the retained functions of the abolished ministries have been reassigned to the
remaining ministries. For example, the People's Works Program has been assigned to the Cabinet
Division. The newly created Capital Administration and Development Division at the federal level has
been entrusted to handle all those functions of the abolished ministries that have been retained by the
federal government but not assigned to the remaining ministries.

THE 18TH AMENDMENT: POTENTIAL AND PITFALLS

A. Potential Payoffs
The 18th Amendment has received plaudits from policymakers and scholars alike for its potential to
improve the authorizing environment and allow the federal system to better function. While such high
expectations may need to be tempered, the amendment, nevertheless, offers a number of positive
potential payoffs. These include the following:

1. Reduced threat of military intervention

Its foremost merit is that it might limit the threat of military adventurism. The Pakistani military has a
long tradition of intervening in domestic politics on one pretext or another. Thus, by shifting the power
locus to the provinces, the 18th Amendment may have paved the way for reduced military political
adventurism in the future. If this prediction materializes, then it would be considered the crowning
achievement of this constitutional reform.

2. Greater harmony in federal-provincial relations

The 18th Amendment has reinforced provincial autonomy consistent with the original intent of the 1973
constitution and, in doing so, has removed an important irritant in federal-provincial relations. The
amendment has narrowed the opportunity for arbitrary federal intervention in provincial affairs. The
proper working of the CCI provides an opportunity to build trust and harmony in federal-provincial
relations in Pakistan.

3. Greater clarity in Government Accountability

With the new constitutional order, both policy determination and service delivery responsibilities have
been concentrated at the provincial level. This makes it clearer to citizens which order of government to
hold to account for dysfunctional service delivery as the buck now clearly stops at the provincial chief
minister's doorstep.

B. PITFALLS AND RISKS

While the discussion and debate leading up to the passage of 18th Amendment represented a unique
opportunity the only one after the enactment of the 1973 constitution- this opportunity has been largely
lost as the amendment has failed to address some of the fundamental challenges of fiscal federalism in
Pakistan. This is discussed below.

1. Reforming multi-order governance in Pakistan

This would have required a comprehensive review of the roles and responsibilities of all orders of
government – federal, provincial, local, and beyond government in delivering public services. Instead,
the amendment simply focuses on devolving functions from the federal government to the provinces. It
also completely neglects the role of local governments and beyond-local-government entities in public
services delivery.

2. Natural resource ownership

For political and economic union, it is important that ownership of the country's natural resources be
vested in the nation as a whole, and that the revenues from those resources be invested in a national
heritage fund rather than being made available to any order of government for current use. All citizens
of Pakistan would hold equal shares in this fund and receive annual dividends as done in Norway.
In Pakistan, ownership of natural resources is currently vested in the provinces. This creates both the
potential for "Dutch disease" as well as interprovincial conflict. Pakistan has already experienced serious
interprovincial conflict in water and gas distribution across the provinces.

3. A roadblock to tax reform

In tax areas, by reasserting the powers of the provinces to tax agricultural income, capital gains, and
services, the amendment may have blocked avenues for reform in creating a modern income and sales
tax system in Pakistan. Instead, it has strengthened opportunities for tax evasion by enabling tax
arbitrage by potential taxpayers who can now shift their income to agriculture and business expenses
from higher taxed sectors or sources of income.

4. Rightsizing the federal government

Even in the implementation of the amendment, the federal government has failed to seize the
opportunity to realign its organizational structure with the new mandate. Instead, it has retained all
redundant employees and continues to finance vertical programmed.

It has also allowed the Planning Commission, Higher Education Commission, and National Centre for
Human Development to continue without rethinking their roles and appropriate new institutional
structures to perform those roles.

5. Increased risks to macro-stability with provincial government ownership of financial

institutions
The 18th Amendment has also empowered provinces to borrow from domestic and international
sources, subject to conditions imposed by the National Economic Council. However, the Council may not
be able to discipline such borrowing as effectively as provinces own banking and other financial and
non- financial institutions. Non-arms-length borrowing from such institutions may go undetected as
happened in Australia in the 1970s under the (old) Australian Loan Council, in Brazil in the 1990s, and
more recently in China. In Brazil, such borrowing led to state and local government bankruptcies,
including in the largest and richest state of Sao Paulo.

6. Potential for confusing and contradictory regulatory standards with high transaction costs
for business and citizens
Even in the areas with which it is concerned, the amendment has created major anomalies. For example,
national uniform standards are required for drug approval; pharmaceutical regulations; food and
agricultural safety inspection; the control and disposal of hazardous materials and waste; water and air
pollution; highway safety standards; consumer product safety standards; and social safety nets. These
areas have now all been relegated to the provinces, creating potential for a jungle of confusing and
contradictory standards with high compliance and administration costs.

THE ROLE OF CIVIL AND MILITRY BEAURUECRACY / CIVIL-MILITRY RELATION IN

PAKISTAN
INTRODUCTION
The civil-military relations form an essential strand of national security strategy. In peace, they affect the
internal stability of a nation- state; in war, they influence the outcome. In the developed countries the
military is mostly busy in participation of formulation of national security policy. However, in the
developing countries, particularly those with a colonial past, the military have long maintained a
substantive role in domestic politics. That is, the military have either overthrown the legally constituted
governments, or overly influenced decision making at national levels. Same is the case in Pakistan.

Why Civil-Military Relations in Pakistan have always been on a Bumpy Road?

The most basic precondition of a true democratic set- up is a healthy civil-military relationship. In all
democratic countries, an elected civilian government enjoys full control over the military. However, in
Pakistan, control over governance has oscillated between the two; a decade of civilian supremacy
followed by a decade of military rule. The reasons for this periodic shuffling are incompetent political
leadership, weak political parties and institutions, rising power of civil-military bureaucracy, serious
security threats to the country and frequent use of military in aid of civil power.

In the early days of Pakistan, Quaid-e-Azam clearly articulated the role of the military in the following
words: "Do not forget that the armed forces are the servants of the people. You do not make national
policy; it is we, the civilians, who decide these issues and it is your duty to carry out these tasks with
which you are entrusted."

Leadership Void
Soon after independence, in 1948, the Father of the Nation and the first Governor-General, Quaid-e-
Azam Muhammad Ali Jinnah, passed away. Thus, a leadership void was created after just one year of the
country's establishment. The first Prime Minister of Pakistan, Liaquat Ali Khan, who was Quaid's right-
hand lieutenant, was also assassinated in 1951. About the rest of the leadership lot, the Quaid had
ruefully remarked that "he had false coins in his pocket."

Weak Institutions
After independence, Pakistan had to start from scratch. There was no established parliament, no civil
secretariat, no supreme court, no central bank and no organised armed forces. There was a paucity of
competent parliamentarians. The proportion of the Indian Civil Service officers who opted for Pakistan
was small. The same was true of the higher judiciary. Unlike other institutions, the proportion of
Muslims in the Indian Army was comparatively substantial, i.e. 33%. This is also one of the reasons why
the armed forces of Pakistan assumed greater importance right in the beginning and were better
established than other institutions of the state.

Rising Power of Civil-Military Bureaucracy

Due to lack of basic infrastructure, Pakistan had to make new beginning in all spheres. But the low level
of literacy made this task very difficult. The country needed competent and a determined leadership to
build and nurture democratic institutions. It depended heavily on the civil and military bureaucracy. The
result was the bureaucratic elite became disproportionately assertive, steadily increasing their power at
the expense of the political elite. For instance, a civil bureaucrat Governor-General of Pakistan, Ghulam
Muhammad (1951-55), dissolved the National Assembly in 1954 and the Federal Court justified and
validated his unconstitutional act on the basis of the "law of necessity."

Military's Sway over Political Set- up

After seven years of instability (1951-58), in which as many as seven prime ministers rose and fell, the
military regime put the country on the path of economic and political stability. Hamid Khan, a renowned
lawyer, writes in "Constitutional and Political History of Pakistan", "Ayub's term of office [1958-69] was
the golden era for the bureaucracy, which exercised its powers, unbridled by any political interference."

Civil Dependence on Army

From the very beginning, the army remained involved in civil administration. In 1947, it was the Army
that was asked to establish civil secretariat in Karachi. They vacated their barracks, renovated them to
house the secretariat and the staff coming from Delhi. It was the Army which largely contributed to
safeguarding the movement of several refugee convoys carrying millions of refugees from East Punjab as
well as establishing their camps at Lahore. In short, the army was frequently called in aid of civil
authorities in all natural disasters, emergencies and other civil functions.

Present Situation
Presently, however, the situation is different. Pakistan's political leadership is more mature and political
parties are better established. The country has developed a middle class, an active civil society, a vibrant
media and an independent judiciary. Whenever required, Parliament is getting briefing on security
matters from the services chiefs and decisions are taken through consensus. Although military enjoys
autonomy The army is more deeply involved now than a decade ago in support of activities for the
civilian government: law and order tasks; relief and rescue operations after natural disasters; the use of
its organizational and technological resources for public welfare projects; greater induction of its
personnel in civilian institutions; anti-terrorist activities; and containing narcotics trafficking.in its
internal affairs, somewhat healthy civil- military relations exist.

COMPERATIVE AND ANALYTICAL STUDY OF THE POLITICAL SYSTEMS

POLITICAL SYSTEM OF USA

CONSTITUTION OF USA
SALIENT FEATURES OF US CONSTITUTION
INTRODUCTION
Concern for the new nation's political stability led leading revolutionary leaders to draft a new
Constitution in 1787, which worked out compromises between large and small states and between
northern and southern states. The United States Constitution was groundbreaking in numerous ways,
establishing a new government, the likes of which the world had never seen.

The U.S. Constitution has the oldest written national framework of government in the world. The most
significant features of the US Constitution are the establishment of the rule of law, the creation of a
federal system with a supreme national government, the separation of governmental powers into three
branches that check and balance each other, its flexibility and the establishment of a republican form of
government.

1. Written Constitution
First prominent feature of the American constitution is that unlike the British Constitution, it is written
or documentary. It is very brief document. It consists of preamble and seven articles only. Three of the
articles are related to structure and powers of Legislative (Article 1), Executive (Article 2) and Judiciary
(Article 3) and the other four dedicated to position of states (Article 4), modes of amendments (Article
5), supremacy of national power (Article 6) and ratification (Article 7). It also holds that constitution is
the supreme law of the land.

2. Rigid Constitution
Another feature of the American constitution is that it is rigid, which means that it cannot be amended
by the Congress by the ordinary procedure. The procedure is very intricate and difficult. The procedure
to amend Constitution consists of two steps:

a. Proposal for Amendment

There are two ways to propose for amendment. Either two-third (67%) of both the houses (Senate and
House of Representatives) shall propose for amendment to constitution or on the application of
legislatures of two-third (67%) states shall call a convention for proposing amendment.

b. Ratification of Proposal
The amendment shall be ratified by the legislatures of three-fourth (75 %) of all states or by the
convention of three-fourth of states. It is because of this rigidity that American constitution has been
amended only 27 times in over 200 years.

3. Popular Sovereignty
The American constitution establishes the popular sovereignty of the people. This means in US the
people rule, i.e. they have delegated their powers to the government and the government owes its
authority to the will of the people.

The principle of popular sovereignty is stated in the Preamble of constitution as "we the people do
ordain and establish this constitution for United States of America. “This means that the ultimate seat of
authority in United States is the American people.

4. Bicameral Legislature
The constitution of the America provides for bicameral legislature. According to the Article 1, "All
legislative powers are vested in Congress." In United States, Congress is the parliament, which consists
of two houses; House of Representatives and the Senate. House of Representatives is regarded as the
Lower House and the Senate is the Upper House.

a. House of Representatives
The House of Representatives has 435 members who are elected by the people for a period of two years
on population basis, i.e. state with larger population gets more seats in this house like California has 53
members.

b. Senate
The members of Senate are elected by the state legislatures. Each state has two senators which means
each state has two votes in Senate. These senators are elected for a period of six years. The total
number of senators is 100 as the total states are 50.

5. Separation of Powers
The constitution sets up a strict division or separation of powers between the executive, legislative and
judicial departments of the government and consequently gives to the country the presidential type of
government. The opening sentences of the three Articles of the constitution relating to legislative,
executive and judicial departments run: - "All legislative powers herein granted shall be vested the
executive powers shall be vested in a in a congress president. the judicial powers shall be vested in one
supreme court and such inferior courts as congress may from time to time ordain.

6. Checks and Balances

The framers of the American constitution were aware that a department, if left unchecked, would
become oppressive. They, therefore, introduced checks and balances in the constitution. This system
prevents misuse of powers. The powers are provided in such a way that it provides a check upon other
institutions.

Thus, Congress has been given a share in the executive powers. It can check the president's powers of
making treaties and appointments. Similarly, the president enjoys the powers of suspense veto. By using
this power, he can influence legislation. All this creates a system which makes compromises necessary is
a sign of healthy democracy. It prevents the rise of dictators as well.

7. Judicial Independence
The direct consequence of separation of powers is the doctrine of judicial independence. In United
States all the judicial powers are enjoyed by the Supreme Court and other federal courts, no other office
can influence its independence.

8. Presidential System
The constitution provides for a presidential form of government. Article 2 provides the powers, election
and their matters related to president. President is elected for a term of four years and is not
answerable to Congress and cannot dissolve Congress. He has a cabinet to assist him in running his
executive powers.

9. Fundamental Rights and Liberty

Another important feature of the American constitution is that it ensures certain fundamental rights for
every American citizen. He cannot be deprived of these rights by any lawful authority. The first ten
amendments to the constitution are called "Bill of Rights". The Bill of Rights provides for the rights of a
person's property, liberty, freedom of speech, press, religion and assembly.
 10. Dual Citizenship
The constitution provides for dual citizenship, i.e. every American citizen is entitled to the right of dual
citizenship. First of all, he is the citizen of America and secondly, he is the citizen of that state in which
he lives. The feature of dual citizenship was introduced in the American constitution by the 4th
Amendment.

11. Judicial Review

An important feature of the American constitution is the power of judicial review. The Supreme Court in
US is supreme not only in theory but also in practice. In UK, no court can challenge the power of
Parliament; however, in United States all the laws passed by the Congress and state legislatures are
subject to judicial review.

THE PRESIDENT AND VICE PRESIDENT

Q. How is the American president elected? What are his powers and functions?
Or What are the powers of the president of America under the U.S. Constitution?
Ans:-

1. AMERICAN PRESIDENT: -
The president of America is not only the head of the state but also the chief executive. The constitution
has clearly laid down that all executive authority belongs to him. He is one of the most powerful
executive in the world. He is unfettered in his discretion of executive action and is absolutely free from
legislative control with respect to his powers and tenure of office. His power is real and Sir Henry Main's
assertion that the American president governs, though he does not reign is aptly correct.

2. QUALIFICATIONS AND TENURE: -

a. He must be a natural born citizen of America.
b. He must be at least 35 years old.
c. He must have resided in the country for at least 14 years before his election.
d. He must not be a member of the congress. Originally, the constitution provided for a four years
term of office with no ban to re-eligibility. By it came to be fixed to two terms till 1940. When
Roosevelt offered himself for the third term and then the fourth and he was elected both the
times. In 1951, the twenty second amendment was passed fixing president's term of office to
two terms only.

3. Election of the President: -

The constitution prescribes indirect election of the president by an Electoral college constituted for this
purpose. It is provided that electoral college will consist of as many members as total number of
members of the senate and the House of Representatives. The members elected will be called electors.
Each state shall elect as many for this electors as the senators and Representatives it elects. The electors
should meet in each state and vote by ballot for president and vice-president. The person securing the
highest number of votes shall stand elected. If no person secures a majority, the House of
Representative chooses a president from among the three candidates who have received the highest
number of votes.

4. In Actual Practice: -
The intention of the authors of the constitution in prescribing the procedure was to make this august
office safe from popular passion but the aims of the constitution makers have not been realized and the
elections of the president and vice-president have become direct in character. The practice now is that
long before the date fixed for presidential election, the parties hold their conventions and select their
candidates. Then the electors are elected. The electors cast their votes in accordance with the wishes of
the people who elect them. When the voters vote for the electors, they, in fact, vote for the president.

5. Powers and Functions of the President: -

a. Executive Powers: -
The president is the head of national administration and it is his duty to see that the constitution, laws
and treaties of the united states, and decisions rendered by the federal judiciary are duly enforced
throughout the country. He, accordingly, directs his subordinates in the performance of their duties.

a.1. Appointments
All executive appointments relating to the federal government are made by the president with the
consent of the Senate. But with regard to appointment of federal officers scattered in the states, the
president consults and carries out the wishes of the Senators belonging to those states and are the
members of his party. This is known as the "Senatorial Courtesy".

b. Military Powers: -
He is the commander-in -chief of the armed forces of the united states and as such, he is responsible for
the defense of the country. He has no power to declare war, but he can create a situation of war. The
united states declared war against Germany in 1941, but the Navy had begun to fire on submarines
threatening the convoys to Britain long before that.

When war comes, there is tremendous enhancement in his powers as executive head and commander-
in-chief. He may set aside some of the constitutional guarantees. He may use troops in executing federal
laws against resistance which, he deems, cannot be overcome by civil process.

c. Foreign Affairs: -
The president controls all foreign relations which he conducts with the help of the secretary of state. He
appoints all ambassadors and other diplomats. He accepts the credentials of the ambassadors of foreign
states. He negotiates treaties with foreign powers. But such treaties must be ratified by a two thirds
majority of the Senate. He is responsible for the foreign policy of the country. He is the chief spokesman
of the U.S.A. in international affairs.

d. Legislative Powers: -
The American constitution is based upon the theory of Separation of powers. The executive and
legislative branches of the government are made independent of each other but it is only in theory. In
practice the president has some legislative powers too. these are as follows: -

d .1. Messages
The president may send messages to congress, giving information on the state of union and
recommending for consideration such measures as he may think necessary and expedient.

d.2. Veto: -
He may refuse his consent a bill passed by the congress and send it back to the House in which it
originated. He must do so within ten days after the bill has been submitted to him. This is called his
"suspensive veto" The congress can override the veto by passing the bill again by two thirds majority in
each House. If the president neither signs the bill nor sends it back to the congress within ten days, it
becomes a law even without the signature of the president. But if the congress adjourns within ten days,
the bill is automatically killed. This is called the pocket-veto' of the president. If the president sends the
bill back to the congress and it fails to get it passed by two thirds majority in each House, the suspensive
veto of the president become 'absolute veto'

d.3. Extraordinary Session: -

The president of America has no power to summon, adjourn or dissolve the congress. But he can call
extraordinary sessions of the congress.

6. Judicial Powers: -
The president has the power to grant reprieves and pardon for offences against the united states,
except in cases of impeachment.

VICE-PRESIDENT OF AMERICA
The vice-president must meet all the qualifications of a president because he may succeed to
presidency on the event of president's death, resignation, or removal. He is elected in the same way as
the president. According to the original provisions of the constitution, the man getting the highest
number of votes next to the president elect was declared the vice-president of the united states. The
twelfth Amendment has changed the method of election. The electors now vote separately for the
president and the vice-president. There are a few considerations which govern the election of the vice-
president. The first is that he should not be from the same geographical district as the presidential
candidate. The second, by no means so strictly applied, is that the candidates for the offices of the
president and vice-president shall represent different wings of the party.

Functions of the Vice-President: -

1. The vice-president of the U.S.A. is the ex. officio chairman of the senate. He presides over
meetings of the senate except when this House is trying the president impeached by the House
of Representatives. In this case the chief justice becomes the presiding officer of the senate. The
vice president has no vote except in case of a tie.
 2. The most important function which the vice-president may have to perform is to undertake the
national administration, when there is a sudden vacancy of the presidential office, caused by
illness of the president, his resignation, death or impeachment. He serves as president for
the rest of the term of the president when he succeeded.
3. In recent years, the vice-president has been invited by the president to take part in the
cabinet meetings and has come to be regarded as virtually a cabinet member.

CONGRESS
Q.7. Discuss the nature and powers of the American congress. How does a president influence the
legislature?

1. THE CONGRESS: - American legislature is called congress. It is a bicameral legislature. It consists of

two Houses, the Senate, which is its upper House and the House of Representative, its lower House. The
Senate consists of 100 members, each state sends two members. The House of Representative consists
of 435 members, each state sends members in proportion to its population. The Senate and the House
of Representatives possess equal powers in legislation, except that the money bills originate in the
House of Representatives but the Senate can amend the money bills in any way it likes.

2. POWERS OF THE CONGRESS: -

1. Legislative Powers:
a. The constitution expressly declares that, "all legislative powers herein granted shall be vested in a
congress of the united states which should consist of a senate and a House of Representatives". The
congress has the power to legislate upon eighteen subjects enumerated in the constitution. Some of
them are taxation, borrowing money, regulation of foreign and interstate commerce, general welfare,
coinage, defence, naturalization, international law, declaring war and regulation of armed services etc.

b. The legislative authority of congress extends to the implied powers too. These are powers which are
neither expressly granted nor prohibited to it.

c. The congress has some emergency powers also. These are neither delegated nor implied but arise
from a fact that the federal legislature has to meet a national emergency.

2. Executive Powers: -
Congress exercises administrative and executive powers also. It has the power to declare war. The
senate ratifies the treaties negotiated by the president. Most of the higher federal appointments made
by the president are approved by the Senate. It criticizes the policies of the administration. It sometimes
conducts investigation in order to expose scandals and to find out whether laws are properly
administered.

3. Judicial Powers: -
The constitution has authorized the congress to impeach the president, vice-president and all civil officer
of the united states and remove them from office on conviction for treason, bribery and other high
crimes. It can create inferior federal courts and fix the number of judges of the supreme court.
 4. Financial Powers: -
Congress has alone the power to grant money to the Federal Government. No money shall be drawn
from the treasury without the sanction of the congress. The money bills originate in the House of
Representatives but the Senate can make amendments in it.

The powers of the congress are not unlimited like that of the British parliament. The supreme court can
declare a law passed by the congress ineffective if it finds that it is a violation of the constitution.

HOUSE OF REPRESENTATIVES
1. The House of Representatives
The House of Representatives is the popular House of the congress. It consists of 435 members who are
elected by the citizens of united states, men and women who are at least 18 years of age. The
constitution lays down that the House shall be composed of members chosen by the people of the
several states. The number of representatives shall not exceed one for every thirty thousand. Each state
shall have at least one representative. The House of Representatives is elected for a period of two years.

2. Qualifications of the Representative

i. He must be 25 years old or above.
ii. He must be a citizen of America for seven years.
iii. He must be an inhabitant of that state in which he is contesting the election.
iv. By a convention, he must also be a resident of the district which he represents.
v. He cannot hold any office under the united states.
3. Privileges of the Representative
A member of the House of Representative gets a good amount of money as salary plus expense money.
They are free from arrest except for treason. Felony and breach of peace, during the sessions of the
House and while going and returning from the House. He enjoys freedom of speech on the floor of the
House.

4. Powers of the House of Representative

a. Legislative Powers: -
The House of Representatives has equal powers with the Senate in ordinary legislation, but all money
bills must originate in it. However, the Senate has the power to amend or reject money bills passed by
the House of Representatives. In case of difference between the two Houses over a bill, it is referred to a
conference committee. composed of selected members from both the Houses. This committee tries to
arrive at some agreement. If it fails to reach an agreement, the bill is killed.

b. Executive Powers: -
America has a presidential form of government. It is based on the theory of 'Separation of powers'. The
president and the members of his cabinet are not the members of the congress. They are not
responsible to the House of Representatives. The House has no power to endorse the appointments and
treaties made by the president. The House controls the executive by its control over public money.
Moreover, it shares with the Senate the power to declare war.
 c. Judicial Powers: -
The House of Representatives has the power to initiate impeachment of the federal officers and the
president.

d. Other Powers
1. The House of Representatives has the power to elect a president, from the 3 candidates who
have secured highest votes, If none of them gets an absolute majority of votes in the
presidential election.
2. The House shares with the Senate the power to propose amendments to the constitution.

SPEAKER
Q. Give an account of the position, powers and functions of the Speaker of the House of
Representatives.

1. The Speaker
As soon as the new elected House of Representatives meets for the first time, it elects an officer to
preside its meeting. This officer is called the speaker. He is chosen from the majority party and holds
office till the end of the term of the House. He remains a party man and favours his party in debates and
legislation. He supports his party in the House and has the role (b) of the party leader in the House.

2. Powers of the Speaker

The speaker is a very important person. He performs political, parliamentary and judicial duties. He
conducts the business of the House and maintains order and decorum in the House. He protects the
rights and privileges of the members of the House. He decides disputes and Point of order and gives his
rulings. He is the agent of his majority party. He serves the interest of his party on the floor of the
House. He is the servant of the majority party and not of the House. He takes part in the debates and
discussions and casts his vote to support his party. His powers are as follows.

A. Power of Recognition:
The speaker has the power to name the member of the House to address the House or offer any motion.
There is little appeal from his decision.

B. Power of Appointment:
The speaker has the power to appoint members of special committees such as select committee. He
selects the chairman of the committee of the whole House.

C. Power to interpret the Rules:

The speaker has the power to interpret the rules. He does so according to the precedents. (2) If there is
no precedent to guide him, he may give his ruling. There can be an appeal against it to the whole House
but it is very rare that his ruling is reversed.

D. Power to Refer Bills to Committees:

The speaker has the power to refer bills to standing Committees for consideration and action. He does
so according to the precedents. He may send a bill to a friendly or unfriendly committee.

E. Power of Signing Bills:

The speaker has the power of signing the bills. He signs all the bills passed by the House of
Representatives and the Senate. He is one of those three persons whose signatures on the bill are
essential. The other two are the president and the vice-president of the U.S.A.

3. Functions of the Speaker.

The speaker performs three kinds of functions, political. parliamentary and judicial. These functions are
inter-related and inter-dependent.

A. Political Functions:
The political functions of the speaker are to serve the interest of his party on the floor and help it in the
enactment of the bills, it wishes to pass.

B. Parliamentary Functions:
Parliamentary functions of the speaker are to conduct the debates and discussions in the House and to
maintain order and decorum in the House. He may call a member to order. If a member does not obey
him, he may ask the sergeant-at-arms to make him sit or the House may punish such a disorderly
member.

C. Judicial Functions:
The judicial functions of the speaker are to decide disputes and points of order and give his rulings.

SENATE
Q.10. Discuss the composition and powers of the Senate.
1. Composition of the Senate:
The Senate is the upper House or the second e chamber of American congress. It consists of 100
members. Each state sends two members to the Senate. The members are elected by popular vote for a
period of six years. One third retire after every two years. It is a continuous body. The Senate is presided
by the vice-president of U.S.A. The Senate also elects from among its own members, a president pro-
tempore who presides over its meetings in the absence of the vice-president. If the vice president
becomes president of the U.S.A, then president pretemporal presides over the Senate permanently.

2. Qualifications:
According to the constitution of America a Senator must be:

1. A citizen of united states for nine years.

2. Not less than thirty years old.
3. An inhabitant of the state from which he is elected.
3. Privileges:
A senator receives a good amount of money as salary as well as salary for his staff. He cannot be
arrested during the time the senate is in session.

4. Powers of the Senate:

A. Legislative Powers:

The Senate has co-equal legislative powers with the House of Representatives. Money bill originates in
the House of Representatives, but the Senate has the power to amend a money bill.

The House of Lords in U.K can delay a money bill for one month but it cannot amend it. If the two
chambers do not agree on a bill, the disputed bill is placed before a conference committee. It consists of
selected members from the House of Representatives and the Senate. The members are nominated by
the presiding officers of the two Houses. The conference Committee tries to arrive at a compromise If it
fails to do so, the bill is killed.

B. Executive Powers:
The Senate performs the following executive functions:

i. Approval of Appointments:
All appointments made by the president are approved by the Senate. In this field, a convention.
Senatorial courtesy, plays an important part. It means that the Senate expects that the president, while
making appointments, will select persons who are satisfactory to the Senators in which the offices are
located. If the president ignores the suggestions of the Senators, there is possibility that the Senators
may reject the appointments made by the president.

ii. Endorsement of Treaties:

The second executive function of the Senate is in connection with foreign policy. The constitution lays
down that all treaties made by the president will have to be endorsed by the Senate. It shows that the
president without the consent of the Senate, cannot sign any treaty with other country.

iii. Judicial Powers:

In cases of impeachment, the Senate sits as the chief court of justice. Impeachments are referred by the
House of Representatives and trial takes place in the Senate. The president, vice-president and all civil
officers can be impeached before the Senate. A two- thirds majority of the Senate is required for a
conviction.

4. Miscellaneous Powers
i. Election of Vice-President:
If in the election of the vice-president of the U.S.A. no candidate secures a clear majority, the Senate
chooses vice-president from the candidates who secured equal votes.

ii. Proposing Amendment to the Constitution

The Senate with the House of Representatives has the power of proposing amendments to the
constitution.

iii. Investigation
The Senate, by usage, has the power to investigate any scandal or corruption in the government,
summon witnesses and call for papers and documents and every other information before its
investigation committees.

COMMITTEES
Q. Discuss the committee system of the American legislature.
COMMITTEE SYSTEM:
The House of Representatives makes use of the following committees.

1. Special Committees:
Special committees are appointed to investigate particular problems for example, special committees
have been set up to deal with problems of defence. Special committees are dissolved after the
completion of the work.

2. Conference Committee:
Conference Committees are set up to patch up to differences between two Houses regarding a bill. It is
made up of selected members from the House of Representatives and the Senate.

3. Committee of the Whole House:

Committee of the Whole House deals with important controversial Bills. When the House wants to
expedite business, it converts itself into a committee of the whole House. In the committee of the whole
House, the speaker leaves the chair and a special chairman appointed by him takes the chair.

4. Standing Committees:
The standing committees are the permanent committees. These are elected by the House of
Representatives itself. Political parties get representation according to their relative strength in the
committee. All the standing committees tend to specialize in certain legislative field. For example, the
committee on Ways and Means and Appropriations deal with financial matters.

5. The Committees in Senate:

There are 15 standing committees in the Senate. The most important Senate committee are on finance,
banking and currency, foreign relations, judiciary, armed forces, rules and administration, labour and
welfare. etc.

FEDERAL JUDICIARY
Q. Explain the composition and functions of U.S. Supreme court. Also discuss its role in the
development of the American constitution.
1. Composition of Supreme Court:
The Supreme Court is the highest court in the united states. It is one of the most powerful, dignified and
respected judicial bodies in the world. It is composed of a chief justice and eight associate judges.

The constitution provides for a supreme court. It does not say much about federal judiciary. The
organization of the supreme court, its procedure and organization of the courts inferior to it and other
matters were left to be determined by congress. Judges are appointed by the president. with the advice
and consent of the senate. They can be removed only by impeachment. The chief justice and other
judges receive a handsome salary per year. A judge may retire at the age of 70. The judges get
substantial pension on retirement. If a judge commits a serious crime, he may be impeached by
congress in the same way as the president. There must be six judges to hear a case.

2. Jurisdiction of Supreme Court:

The Supreme Court has two types of jurisdiction: original and appellate.

a. Original Jurisdiction:
The Supreme Court has original jurisdiction in al. cases affecting ambassadors, other public ministers and
consuls, and those in which a state is a party, in other cases in respect of which the federal courts are
assigned jurisdiction.

b. Appellate Jurisdiction:
The supreme court has appellate jurisdiction with such exceptions and under such regulations as
congress shall make. Appellate jurisdiction implies that certain cases reach the supreme court by way of
appeal against the decisions of some subordinate courts. It hears appeal in cases which involve the
interpretation of the constitution, laws passed by the congress and treaties of the united states. It can
hear appeals in cases brought in from the court of claims, the customs court and Patent Appeals which
are special courts.

3. Powers of the Supreme Court:

a. Judicial Review or Guardian of the Constitution:
U.S.A. is a federal state, and there is therefore, a division of powers between the states and the Centre.
The constitution stands above ordinary laws, and the judiciary is its guardian. If a law passed by a state
legislature or by the federal legislature is against the terms of the constitution, it is null and void, and the
judiciary has, as the guardian of the constitution, the power to declare such laws unconstitutional. Thus,
it has the power to keep congress and the state legislature within their respective spheres. The power of
declaring federal and state laws to be unconstitutional, if they violate the provisions of the constitution
is technically known as 'Judicial Review'.

It may be mentioned here that the supreme court Cannot pronounce upon the constitutionality or
otherwise of legislative measures on its own initiative, but only when the matters referred to it by an
aggrieved () party. The constitution has given limited powers to congress and to state legislatures. If they
overstep their limits, the supreme court can declare their laws null and void. In this way, the supreme
court has prevented the Centre and the state from interfering in each other affairs. It has also prevented
the national and state governments from depriving the American citizens of their rights. In short, the
supreme court of the U.S.A. has guarded the situation well.

b. Development of the constitution:

The supreme court has not only kept the federal structure intact, it has also developed the constitution
according to the changing circumstances. The constitution was made for a small population in 1787.
Now the population of America has increased enormously. The life has become complex. It is the
supreme court which has provided flexibility to the constitution and has enabled it to adapt itself to the
changing circumstances of the country. The supreme court has increased the powers, had the supreme
court not played the useful role in developing the constitution, the constitution would not have been
able to keep pace with the growing economic, social and political needs of the American people. Had the
court not put a broad and liberal interpretation upon the original constitution, many of the powers
which now belong to the Centre and should belong to the Centre must have gone to the states.

ORGANIZATION AND JURISDICTION OF THE U.S. JUDICIARY

Q. Describe the organization and jurisdiction of the U.S. Judiciary.

Organization of Judiciary:
The constitution provides only for a supreme court. The lower federal courts have been created and
organized under laws passed by congress. The federal judiciary consists of District Courts, Circuit Courts
of Appeal, Special Courts and Supreme court.

1. District Courts:
At the bottom are the District Courts, ninety in number. Each state has at least one. Every court consists
of one or more judges. The judges are appointed by the president and the Senate on the
recommendation of the Attorney General. District courts are courts of law and equity and they hear, in
the first instance, all cases coming under federal jurisdiction except those in which the Supreme court
has original jurisdiction. Their jurisdiction is original and no case comes to them on appeal.

2. Circuit Courts of Appeal:

Above the District courts are the Circuit Courts of Appeal. These are eleven in number. There are at least
three judges in each Circuit court. The judges are appointed by the president with the consent of the
Senate. The circuit courts have no original jurisdiction. They hear appeals in cases brought in from
District courts.

3. Special Courts:
Special courts form a part of the federal judiciary. These include court of claims, customs court. Court of
customs and Patent Appeals. Courts of claim was set up in 1855. It handles cases of money claims
against the federal government. Customs court was set up in 1890. It deals with the interpretation of
tariff laws. The Patent Appeals was set up in 1910. It hears appeals in court of customs and disputes over
customs, patent and trademarks.

4. Supreme court (this topic explained in federal judiciary)

POLITICAL SYSTEM OF IRAN

BASIC FEATURES OF IRANIAN CONSTITUTION
1. Islamic Theocracy
The Iranian Constitution establishes an Islamic theocracy. Article 1 States "The form of government of
Iran is that of an Islamic Republic" while Article 2 explains this to mean, among other things, "the
necessity of submission [to Allah] and the "fundamental role" of "divine revelation".

All civil, penal, financial, economic, administrative, cultural, military, political, and other laws and
regulations must be based on Islamic criteria (Article 4). Iran's flag must contain the phrase "Allahu
Akbar" (Article 18).

2. Fundamental Rights
The formation of political and professional associations (Article 26); public gatherings, (Article 27); the
right to choose an occupation (Article 28); "No one can be banished from his place of residence,
prevented from residing in the place of his choice, or compelled to reside in a given locality, except in
cases provided by law" (Article 33); every citizen can seek justice through the courts.

3. Sovereignty
"Absolute sovereignty over the world and man belongs to God" (Article 56).

4. Supreme Leader
Articles 5 and 107 establish the position of Supreme Leader, first held by Ayatollah Khomeini and since
his death in 1989, held by Ali Khamenei, whose "duties and power" are enumerated in Article 110.

5. Presidential System
The Iranian Constitution requires its president to swear that he will "dedicate [himself] to the
propagation of religion and morality" (Article 121) and requires the members of Iran's Islamic
Consultative Assembly [Parliament] to swear "to protect the sanctity of Islam" (Article 67). Presidential
candidates must be "from among religious and political personalities" who are "convinced belief in the
fundamental principles of the Islamic Republic of Iran and the official madhhab [Islamic jurisprudence] of
the country" (Article 115).

6. Reference to Quran
The Iranian Constitution cites Quranic verses 14 times. It makes clear its objective to promote Islam
worldwide. Its preamble States that "the mission of the Constitution" is "to create conditions conducive
to the development of man in accordance with the noble and universal values of Islam" and that "the
aim of government is to foster the growth of man in such a way that he progresses towards the
establishment of a Divine order (in accordance with the Quranic phrase "And toward God is the
journeying" [3:28])."

7. Role of Military
Iran's constitution establishes the role of its military in fulfilling its goals: "The Army of the Islamic
Republic of Iran must be an Islamic Army, i.e. committed to Islamic ideology and the people" (Article
144).

8. Foreign Policy
The constitution also elucidates Iran's foreign policy: "The foreign policy of the Islamic Republic of Iran is
based upon the rejection of all forms of domination" and "non-alignment with respect to the hegemonic
superpowers" (Article 152) and highlights its "struggle for liberation for all deprived and oppressed
people". "The complete elimination of imperialism and the prevention of foreign influence", [Article
3(5)].

9. Legislature
The Iranian Parliament is a unicameral legislative body whose 290 members are publicly years. It drafts
legislation, ratifies international treaties, and approves the elected every four country's budgets.

10. Judiciary
The judiciary branch of Iran's government is largely controlled by the Supreme Leader, who appoints the
head of the judiciary, who in turn appoints the head of the Supreme Court and the chief public
prosecutor.

Public courts deal with civil and criminal cases. There are also "revolutionary" courts that try certain
categories of offences, including crimes against national security, narcotics smuggling, and acts that
undermine the Islamic Republic. Decisions rendered in revolutionary courts are final and cannot be
appealed.

The rulings of the Special Clerical Court, which functions independently of the regular judicial framework
and is accountable only to the Supreme Leader, are also final and cannot be appealed.

SUPREME LEADER OR LEADERSHIP COUNCIL

After the honourable source of emulation, the great leader of the global Islamic Revolution, and the
founder of the Islamic Republic of Iran, as he is considered, the venerated Grand Ayatollah, Imam
Khomeini, who was acknowledged and accepted by the undisputed majority of the people as the marja'
and the leader, the responsibility for designating the leader shall be with the Experts who are appointed
by the people.

elections
An Assembly of Experts who shall be elected by the people shall elect supreme leader. The Experts
consider all the qualified jurisprudents as discussed in Articles 5 and 109, and consult with one another
about them. If they find one of them the most knowledgeable about the rules and subjects of
jurisprudence, or political and social issues, or acceptability by the public, or significance in any one of
the qualifications indicated in Article 109, that person shall be selected as the leader; otherwise, one of
the Experts is chosen and declared as the leader.

QUALIFICATIONS
The qualifications and attributes of the leader are as follows:

1. Scholarly qualification for issuing religious ruling (fatwa) concerning various discussions in
jurisprudence;
2. Required justice and piety in leading the Islamic community;
3. Sound political and social perspective, prudence, courage, sufficient administrative capability,
and power for leadership.

In case there are a number of candidates who meet these qualifications, the person with a more
efficacious political and jurisprudential insight has priority.

FUNCTIONS AND AUTHORITY

The authorities and responsibilities of the leader are:

1. Determining the overall politics of the Islamic Republic system of Iran after consultation with
the Expediency Council;
2. Supervising the proper implementation of the general policies of the system;
3. Issuing referendums;
4. Commanding the armed forces;
5. Declaring war, peace, and mobilizing forces;
6. Issuing appointments, dismissals, and accepting the resignation of officials
7. Coordinating the relationship among the three branches of the government and resolving any
conflict among them;
8. signing the appointment of the President of the Republic, after his election by the public.
9. Dismissing the President of the Republic, with regard to the best interests of the country, after
either the Supreme Court has issued a ruling convicting him of deviating from his legal duties, or
the Islamic Consultative Assembly, based on Article 89, has cast a vote against his competence;
10. pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, after
the head of the judiciary power has recommended such a motion.

PRESIDENT OF IRAN
After the leadership, the president of the Republic is the highest official of the country. He i5 responsible
for executing the constitution and heading the executive power except in instances that are directly
related to the leadership.

Term
The president of the Republic is elected for four years by the direct vote of the people. His consecutive
election is allowed just for one additional term.
Qualifications

The Constitution of Iran States the following qualifications for presidential post:

a. Person of Iranian origin.

b. Person of Iranian nationality.
c. Person with adept administrative capacity and resourcefulness.
d. Person with a clean and good past record.
e. Person with qualities of trustworthiness and piety.
f. Person with complete belief in fundamental principles of Iran and official Majhab or religion of
country.

ELECTIONS
The president of the Republic is elected by the absolute majority vote of the voters aged 15 and above;
however, if in the first round of voting none of the candidates has a majority, votes will be cast for a
second time on the Friday of the following week.

Functions and Powers

a. The president of the Republic is responsible before the nation, the leader, and the Islamic
Consultative Assembly.
b. The president of the Republic has the duty to sign the legislations that are approved by the
Assembly, or the result of a referendum. He must then send them to those responsible for their
enforcement.
c. In order to fulfil his legal duties, the president of the Republic can have deputies.
d. All the treaties, transactions, agreements, and contracts between the government of Iran and
other governments as well as all the pacts related to the international unions, after they are
approved by the Islamic Consultative Assembly, must be signed by the president of the Republic or
his legal representative.
e. The president of the Republic is directly responsible for the budget, planning, administrative, and
employment affairs of the country.
f. Ambassadors to foreign countries are selected upon the recommendation of the Minister of
Foreign Affairs and the approval of the president of the Republic. The president of the Republic
signs the credentials of the ambassadors and accepts the credentials of ambassadors from other
countries.
g. The president of the Republic is responsible for the award of State decorations.
h. The ministers are appointed by the president of the Republic and introduced to the Assembly to
obtain the vote of confidence.

THE ISLAMIC CONSULTATIVE ASSEMBLY

Composition
There are to be 290 members of the Islamic Consultative Assembly. The Zoroastrians and Jews will each
elect one representative; Assyrian and Chaldean Christians will jointly elect one representative; and
Armenian Christians in the north and those in the south of the country will each elect one
representative. The limits of the election constituencies and the number of representatives will be
determined by law.

Elections
The Islamic Consultative Assembly is constituted by the representatives of the people elected directly
and by secret ballot.

Term
The term of membership in the Islamic Consultative Assembly is four years. Elections for each term must
take place before the end of the preceding term, so that the country is never without an Assembly.

POWERS OF THE ISLAMIC CONSULTATIVE ASSEMBLY

legislative powers
The Islamic Consultative Assembly can establish laws on all matters. The Islamic Consultative Assembly
cannot enact laws contrary to the usual and ahkam of the official religion of the country or to the
Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in
accordance with Article 96. Government bills are presented to the Islamic Consultative Assembly after
receiving the approval of the Council of Ministers.

investigation
The Islamic Consultative Assembly has the right to investigate and examine all the affairs of the country.

Ratification of Treaties
International treaties, protocols, contracts, and agreements must be approved by the Islamic
Consultative Assembly.

Economic Powers
The taking and giving of loans or grants-in-aid, domestic and foreign, by the must be approved by the
Islamic Consultative Assembly. The granting of concession foreigners for the formation of companies or
institutions dealing with commerce, industry, agriculture, services or mineral extraction, is absolutely
forbidden.

Vote of Confidence
The president must obtain, for the Council of Ministers, after being formed and before all other
business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of
confidence for the Council of Ministers from the Assembly on important and controversial issues.

Posing Questions to Executive

Whenever at least one-fourth of the total members of the Islamic Consultative Assembly pose a
question to the president, or any one member of the Assembly poses a question to a minister on a
subject relating to their duties, the president or the minister is obliged to attend the Assembly and
answer the question.

GUARDIAN COUNCIL
Whoever has a complaint concerning the work of the Assembly or the executive power, or the judicial
power can forward his complaint in writing to the Assembly. The Assembly must investigate his
complaint and give a satisfactory reply. In cases where the subject of the complaint is of public interest,
the reply must be made public.

APPOINTMENT OF MEMBERS
With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the
compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be
known as the Guardian Council is to be constituted with the following composition:

1. six 'adil fuqaha' conscious of the present needs and the issues of the day, to be selected by the
Leader.
2. six jurists, specializing in different areas of law, to be elected by the Islamic Consultative
Assembly from among the Muslim jurists nominated by the Head of the Judicial Power.

TERM
Members of the Guardian Council are elected to serve for a period of six years, but during the first term,
after three years have passed, half of the members of each group will be changed by lot and new
members will be elected in their place.

Role of Guardian Council

a. The Islamic Consultative Assembly does not hold any legal status if there is no Guardian Council
in existence, except for the purpose of approving the credentials of its members and the
election of the six jurists on the Guardian Council.
b. All legislation passed by the Islamic Consultative Assembly must be sent to the Guardian Council.
The Guardian Council must review it within a maximum of 10 days from its receipt with a view
to ensuring its compatibility with the criteria of Islam and the Constitution. If it finds the
legislation incompatible, it will return it to the Assembly for review. Otherwise, the legislation
will be deemed enforceable.
c. In order to expedite the work, the members of the Guardian Council may attend the Assembly
and listen to its debates when a government bill or a members' bill is under discussion.
d. The authority of the interpretation of the Constitution is vested with the Guardian Council,
which is to be done with the consent of three-fourths of its members.
e. The Guardian Council has the responsibility of supervising the elections of the Assembly of
Experts for Leadership, the President of the Republic, the Islamic Consultative Assembly.

POLITICAL SYSTEM OF TURKEY

INTRODUCTION
The 1982 Constitution was made by a Constituent Assembly composed of an Advising Assembly. The
National Security Council after the military coup realized by the Tur- kish Military Forces on September
12, 1980 through a chain of command and imperative. The apparent reasons for the military coup were
anarchy, terrorism, separatist activities, increasingly bad economic conditions, and the incapability of
the government to cope with all these problems. The Constitution was pre-pared and accepted within
the Assembly, and was accepted by the people by a referendum on December 1982.

SALIENT FEATURES
Preamble
The constitution of 1982 is a lengthy document comprising 177 articles divided into seven chapters.
According to the Preamble, this document truly manifests the aspirants of the Turkish nation, and the
values and beliefs based on Kamalite culture legacy. Turkey has been declared a modern secular polity in
which religious beliefs have nothing to do with politics. The constitution ensures the protection of
fundamental rights to all without any discrimination, while Turkish language has been declared as
official language.

1. Supremacy of the Constitution

The constitution recognizes the sovereignty of the popular will. The constitution stands paramount and
it ensures national independence, its solidarity, democracy, peace and tranquility.

2. Amendment in the Constitution

The constitution is partly flexible and partly rigid in the sense that different procedure is required for
constitutional amendment than the one adopted for alterations in statutes. The Grand National
Assembly of Turkey is authorized to initiate proposals for amending the constitution with the support of
its one - third members and can be ratified by two - thirds majority.

3. Balanced Separation of Powers

The constitution stands paramount hence it is the source of all authority. Grand National Assembly is the
supreme legislative organ while executive powers belong to the president and the Council of Ministers.
The president controls, on the one hand, the Council of Ministers. The president also plays vital role
even in legislation. He can not only block the way of legislation rather is authorized to dissolve the
National Assembly. All judicial powers are assigned to the courts established within the constitutional
framework.

A comprehensive and well-knit distinct system comprising military and administrative courts operate
side by side with the normal State courts. Hence, a balance has been maintained between the
requirements of traditional parliamentary patterns and the features of autocratic military rule.

4. Presidential System
The system of government is Presidential system since the recent amendment in the constitution. Office
of the Prime Minister is abolished and the president is directly elected by the people through direct
elections. He is empowered to appoint his cabinet. He is the Chief Executive. The president and his
cabinet are not members of Grand National Assembly.

5. Unicameral Legislature
Turkish Grand National Assembly has been indefeasible part of its political legacy. It was on the basis of
its religious decree (ljma) that Ataturk had pronounced the abolition of "Khilafat". Its central and pivotal
position has been preserved within the present constitutional set- up as well. National Assembly is
elected for a period of five years.

6. Judicial System
The constitution ensures the independence of courts and the judges are given security of service in
addition to many other privileges. Proper safeguards have been provided to preserve the integrity and
dignity of judges. The courts exercise the power of judicial review over all actions of the administration.

7. Rights and obligation

A list of fundamental rights has been incorporated in the 2nd part of the constitution. Some of the
important fundamental rights are: right to life, personal security, security against servitude, right to
privacy, freedom of movement, freedom of expression, freedom of conscience and press, right to form
associations, hole public meetings, organize demonstrations within the limits of law, right to private
ownership, right to earn one's livelihood etc.

8. Right to form political parties

The constitution recognizes the right of all citizens of 21 years or above to form political parties and join
or leave their membership.

9. Proclamation of Emergency
Under the circumstances of acute political unrest or economic disruption, emergency may be
proclaimed in any part or in the whole of the country. The Council of Ministers can make as
announcement to this effect. Such Proclamation shall be valid for a period not exceeding six months.

THE GRAND NATIONAL ASSEMBLY OF TURKEY

Composition
The Turkish Grand National Assembly shall be composed of 600 deputies elected by universal suffrage.

Eligibility to be a Deputy
Every Turk over the age of 25 is eligible to be a deputy. Persons who have not completed their primary
education, who have been deprived of legal capacity. Who are banned from public service, who have
been sentenced to a prison term totaling one year or more? those who have been convicted for
dishonorable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust,
fraudulent bankruptcy, shall not be elected deputies, even if they have been pardoned.

Election Term
Elections for the Grand National Assembly of Turkey shall be held every four years. The Assembly may
decide to hold a new election before the termination of this period, and new elections may also be
decided upon according to a decision, taken in accordance with the conditions set forth in the
Constitution, by the president of the Republic.

PROVISIONS RELATING TO MEMBERSHIP

1. Representing the Nation
Members of the Grand National Assembly of Turkey represent, not merely their own constituencies or
constituents, but the Nation as a whole.

2. Activities Incompatible with Membership

Members of the Turkish Grand National Assembly of Turkey shall not hold office in State departments
and other public corporate bodies and their subsidiaries; in corporations and enterprises affiliated with
the State and other public corporate bodies.

3. Parliamentary Immunity
Members of the Grand National Assembly of Turkey shall not be liable for their votes and Statements
concerning parliamentary functions, for the views they express before the Assembly, or unless the
Assembly decides otherwise on the proposal of the Bureau for that sitting, for repeating or revealing
these outside the Assembly.

FUNCTIONS AND POWERS OF THE GRAND NATIONAL ASSEMBLY OF TURKEY

a. General
The functions and powers of the Grand National Assembly of Turkey comprise the enactment,
amendment, and repeal of laws; the supervision of the Council of Ministers and the Ministers; debating
and approval of the budget draft, making decisions on the printing of currency and the declaration of
war; ratifying international agreements.

b. Proposal and Debate of Laws

The Council of Ministers and deputies are empowered to introduce laws. The procedure and principles
relating to the debating of draft bills and proposals of law in the Turkish Grand National Assembly shall
be regulated by the Rules of Procedure.

c. Promulgation of Laws by the President of the Republic

The president of the Republic shall promulgate the laws adopted by the Grand National Assembly of
Turkey within 15 days. He shall, within the same period, refer to the Turkish Grand National Assembly
for further consideration, laws which he deems wholly or in part are unsuitable for promulgation,
together with a Statement of his reasons.

In the event of being deemed unsuitable by the president, the Grand National Assembly of Turkey may
only discuss those articles deemed to be unsuitable. Budget laws shall not be subjected to this provision.
Provisions relating to Constitutional amendments are reserved.
 d. Ratification of International Treaties
The ratification of treaties concluded with foreign States and international organizations on behalf of the
Republic of Turkey, shall be subject to adoption by the Grand National Assembly of Turkey by a law
approving the ratification.

e. Authorization to Enact Decrees having the Force of Law

The Grand National Assembly of Turkey may empower the Council of Ministers to issue decrees having
the force of law. However, the fundamental rights, individual rights and duties included in the First and
Second Chapter of the Second Part of the Constitution and the political rights and duties listed in the
Fourth Chapter, cannot be regulated by decrees having the force of law except during periods of martial
law and States of emergency.

THE EXECUTIVE (PRESIDENT OF THE REPUBLIC)

Qualifications
The president of the Republic shall be elected by the public from among the Grand National Assembly of
Turkey members who are over 40 years of age and have completed higher education or from among
ordinary Turkish citizens who fulfil these requirements and are eligible to be deputies.

Term
The president's term of office shall be five years. The president of the Republic can be elected to two
terms at most.

Election
The election of the president of the Republic shall be concluded within 60 days before the term of office
of the incumbent president of the Republic expires; or within 60 days after the Presidency falls vacant
for any reasons.

In presidential elections conducted by universal suffrage, the candidate who receives the absolute
majority of the valid votes shall be elected president of the Republic. If this majority cannot be obtained
in the first ballot, the second ballot shall be held on the second Sunday following this ballot. The two
candidates who receive the greatest number of votes in first ballot can run for the second ballot, and
the candidate who receives majority of valid votes shall be elected president of the Republic.

Duties and Powers

The president of the Republic is the Head of State. In this capacity he or she shall represent the Republic
of Turkey and the unity of the Turkish Nation; he or she shall ensure the implementation of the
Constitution, and the regular and harmonious functioning of the organs of the State.

To this end, the duties he or she shall perform, and the powers he or she shall exercise, in accordance
with the conditions stipulated in the relevant articles of the Constitution are as follows:

a. Those relating to legislation:

to deliver, if he or she deems it necessary, the opening address of the Grand National Assembly of
Turkey on the first day of the legislative year, to summon the Grand National Assembly of Turkey to
meet, when necessary, to promulgate laws, to return laws to the. Grand National Assembly of Turkey to
be reconsidered.

b. Those relating to executive functions:

To appoint and dismiss ministers; to preside over the Council of Ministers or to call the Council of
Ministers to meet under his or her chairmanship whenever he or she deems it necessary; to accredit
representatives of the Turkish State to foreign States and to receive the representatives of foreign States
appointed to the Republic of Turkey; to ratify and promulgate international treaties, to represent the
Supreme Military Command of the Turkish armed forces on behalf of the Grand National Assembly of
Turkey; to decide on the mobilization of the Turkish armed forces; to appoint the Chief of the General
Staff; to call the National Security Council to meet; to preside over the National Security Council.

c. Those relating to the judiciary:

To appoint the members of the Constitutional Court, one- fourth of the members of the Council of State,
the Chief Public Prosecutor and the Deputy Chief Public Prosecutor of the High Court of Appeals, the
members of the Military High Court of Appeals, the members of the Supreme Military Administrative
Court and the members of the Supreme Council of Judges and Public Prosecutors.

General Secretariat of the President of the Republic

The establishment, the principles of organisation and functioning, and the appointment of General
Secretariat of the Presidency of the Republic personnel shall be regulated by Presidential decrees.

POLITICAL SYSTEM OF INDIA

INTRODUCTION
The Constitution of India is a unique constitution. It is the largest written liberal democratic constitution
of the world. It provides for a mixture of federalism and Unitarianism, and flexibility and with rigidity.
Since its inauguration on January 26, 1950, the Constitution India has been successfully guiding the path
and progress of India.

SALIENT FEATURES
The salient features of the Constitution of India can be discussed as follows:

1. Written and Detailed Constitution

Indian Constitution is a very detailed constitution. It consists of 395 Articles divided into 22 Parts with 12
Schedules and 94 constitutional amendments. It is a constitution of both the Centre and States of Indian
Union.

2. Preamble of the Constitution

The Preamble to the Constitution of India is a well- drafted document which States the philosophy of the
constitution. It declares India to be a Sovereign Socialist Secular Democratic Republic and a welfare State
committed to secure justice, liberty and equality for the people and for promoting fraternity, dignity of
the individual, and unity and integrity of the nation.

3. India is a Democratic Socialist State

Although, right from the beginning the Indian Constitution fully reflected the spirit of democratic
socialism, it was only in 1976 that the Preamble was amended to include the term " Socialism '. It is now
regarded as a prime feature of Indian State. India is committed to secure social, economic and political
justice for its entire people by ending all forms of exploitation and by securing equitable distribution of
income, resources and wealth. This is to be secured by peaceful, constitutional and democratic means.

4. India is a Secular State

India gives special status to no religion. There is no such thing as a State religion of India. Further, Indian
secularism guarantees equal freedom to all religions.

5. India is a Democratic State

The Constitution of India provides for a democratic system. The authority of the government rests upon
the sovereignty of the people. The people enjoy equal political rights.

6. India is a Union of States

Article I of the Constitution declares, that " India that is Bharat is a Union of States." The term ' Union of
State shows two important facts:

i. That Indian Union is not the result of voluntary agreement among sovereign States, and
ii. that States of India do not enjoy the right to secede from the Union. Indian Union has now
29 States and 7 Union Territories.
7. Mixture of Rigidity and Flexibility
The Constitution of India is rigid in parts. Some of its provisions can be amended in a difficult way while
others can be amended very easily. In some cases, the Union Parliament can amend some parts of the
Constitution by passing a simple law.

Article 368 of the Constitution provides for two special methods of amendment:

i. Most of the provisions of the Constitution can be amended by the Union Parliament by passing an
Amendment Bill by a majority of total membership.

ii. For the amendment of some specified parts, a very rigid method has been provided. Under it, first
the Union Parliament passes the Amendment Bill by a majority of total membership and then it goes to
the State Legislatures for ratification. The Amendment gets passed only when it is approved by not less
than one half of the several States of the Union.

Thus, the Constitution of India is partly rigid and partly flexible.

8. Fundamental Rights
Under its Part III (Articles 12-35), the Constitution of India grants and guarantees Fundamental Rights to
its citizens. It is called the Indian Bill of Rights.
 9. Bicameral Union Parliament
The Constitution provides for a bicameral legislature at the Union level and names it as the Union
Parliament. Its two Houses are: The Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower,
popular, directly elected house of the Parliament. It represents the people of India.

10. Parliamentary System

The Constitution of India provides for a parliamentary system of government at the Centre as well as in
every State of the Union. The president of India is the constitutional Head of State with nominal powers.
The Union Council of Ministers headed by the prime minister is the real executive.

11. Adult Suffrage

All men and women enjoy an equal right to vote. Each adult man and woman above the age of 18 years
has the right to vote. All registered voters get the opportunity to vote in elections.

12. Independence of Judiciary

The Indian Constitution makes judiciary truly independent. It is clear from the following facts:

a. Judges are appointed by the President.

b. Only persons with high legal qualifications and experience are appointed as judges.
c. Judges of the Supreme Court cannot be removed from office except through an
extremely difficult process of implementation.
d. The salaries of the judges are very high.
e. The Supreme Court has its own staff.

13. Judicial Review

The Constitution is the supreme law of the land. The Supreme Court acts as the guardian protector and
interpreter of the Constitution. It is also the guardian of the fundamental rights of, the people. For this
purpose, it exercises the power of judicial review. By it, the Supreme Court determines the
constitutional validity of all laws made by the legislatures. It can reject any law which is found to be
unconstitutional.

THE PRESIDENT
Election of the President
The office of the president is created by Article 52 of the constitution. The president is elected not
directly by the people but by method of indirect election.

Qualifications for Presidential candidate

Article 58 of the constitution lays down that the person to be eligible for the president should be at least
35 years of age, a citizen of India and should be qualified to be a member of the Lok Sabha.

A person is also not qualified to stand for election as president if he holds office of profit The conditions
of the President's office are that they cannot be members of any legislature and if they are such
members at the time of their election or appointment they are deemed to have vacated their seats in
such legislature when they enter upon their office .

Tenure
Article 56 State that the president shall hold office for a term of five years from the date on which he
enters upon his office. Even after expiry of his term he shall continue to hold office, until his successor
enters upon his office. He is also eligible for re - election.

Functions and Powers

The President of India, the First Citizen of India, has the following powers:

Executive Powers
As per Article 53 of the Constitution of India, the president has the following executive powers.

 A right to be informed of all of the nation's affairs.

 Powers to appoint and remove high constitutional authorities, including the prime minister and
the council of ministers.
 Appointments of the judges of the Supreme Court and the High Courts, the State governors, the
attorney general, the comptroller and auditor general (CAG), and the chief commissioner and
members of the election commission are made in his name.
 Diplomatic roles.
 The country’s ambassadors and high commissioners are his representatives in foreign countries.
 He also receives the credentials of diplomatic representatives of foreign countries.

Legislative Powers
i. The president is always the first to address the Parliament during the budget session.
ii. In case of a deadlock in legislation process between the two houses of Parliament, the president
summons a joint session to break the impasse.
iii. Legislation dealing with fundamental rights under the Constitution require the President's
consent.
iv. Money bills introduced in the Lok Sabha require the president's consent.
v. All bills passed by Parliament need the president's consent before becoming law.
Military Powers
As the Supreme Commander of the Indian Armed Forces the president plays the following roles:

 All officers ' appointments are made by him or her, including that of the chiefs.
 The country declares war in the name of the president.
 The country also concludes peace in the name of the president.

Judicial powers
The president has the privilege of judicial powers.

i. He rectifies judicial errors.

 ii. Has the power to grant pardons and reprieves from punishment.
iii. The president can also seek the opinion of the Supreme Court on legal and constitutional
matters and on matters of national and people's interest.

Prime Minister of India

The office of the prime minister is the most powerful office in India. If cabinet is the strongest
institution, the prime minister is the strongest person in the cabinet under the Constitution of India, the
real center of power is the office of the prime minister. He is the Head of the Government of India. He is
the real custodian of all executive authority.

Appointment of the prime Minister

 No Formal Qualifications
The Constitution lays down no formal qualifications for the office of the prime minister. Since no person
who is not a member or cannot become a member of the Parliament cap be appointed as the prime
minister, it can be said that the qualifications essential for the membership of the Parliament are also
the essential qualifications for the office of the prime minister.

 Tenure
Theoretically, the prime minister holds office during the pleasure of the president. It really means, so
long as he enjoys the confidence of majority in Lok Sabha. Lok Sabha can pass a vote of no-confidence
against him and in this case the prime minister either submits his resignation to the president or gets
dismissed by the president.

POWERS AND FUNCTIONS OF THE PRIME MINISTER

i. Formation of the Council of Ministers
The task of formation of the ministry begins with the appointment of the prime minister by the
president. After the appointment of prime minister, the president appoints all other ministers on the
advice of the prime minister. Normally, most of the ministers are drawn from Lok Sabha.

ii. Allocation of Portfolios

It is an undisputed privilege of the prime minister to allocate portfolios to his minister. Which particular
department is to be given to which minister is determined by him?

iii. Chairman of the Cabinet

The prime minister is the leader of the cabinet. He presides over its meetings. He decides the agenda of
its meetings. In fact, all matters in the cabinet are decided with the approval and consent of the prime
minister.

iv. Chief Link between the President and the Cabinet

The prime minister is the main channel of communication between the president and the cabinet. He
communicates to the president all decisions of the cabinet, and puts before the cabinet the views of the
president. This is the sole privilege of the prime minister.
 v. Leader of the Parliament
As the leader of the majority in the Lok Sabha, the prime minister is also the leader of the Parliament. In
this capacity, it is the prime minister who, in consultation with the speaker of the Lok Sabha, decides the
agenda of the House. The summoning and the proroguing of Parliament is in fact decided by him and
the president only acts upon his advice.

vi. Director of Foreign Affairs

As the powerful and real head of the government, the prime minister always plays a key role in
determining Indian foreign policy and relations with other countries.

vii. Role of Prime Minister during an Emergency

The emergency powers of the president are in reality the powers of the prime minister. The president
declares an emergency only under the advice of the cabinet, which in reality means the advice of the
prime minister. All decisions taken to meet an emergency are really the decisions of the prime minister.

Lok Sabha
The House of the People is popularly known as the Lok Sabha. It is the lower and powerful house of the
Union Parliament. It represents the people of India. It is directly elected by all the people. It is fully
democratic, representative and national House.

Composition
The present membership of the Lok Sabha is 545, out of these 523 are elected by the people of all Indian
States and 20 by the people of the Union Territories. The president nominates two members of the
Anglo-Indian Community to the Lok Sabha.

METHOD OF ELECTION OF THE MEMBERS OF LOK SABHA

The members of the Lok Sabha are elected on the basis of the following principles:

a. Universal Adult Franchise

Every citizen who has attained the minimum age of 18 years has the right to vote in the elections to the
Lok Sabha.

b. Reservation of Seats for SCs and STs

Some constituencies are reserved for Scheduled Castes and Scheduled Tribes. These are called Reserved
Constituencies. From each reserved constituency only candidates belonging to SCs or STs, as the case
may be, can contest elections. However, all the voters of each such constituency exercise their right to
vote for electing one candidate belonging SC or ST as their representative. Presently, 131 seats stand
reserved (84 for SCs and 47 for STs).

c. Secret Ballot
The members of the Lok Sabha are elected by secret ballot and no one knows his voting decision. Now
Electronic Voting Machines are being used in recording votes.

d. Direct Election and Simple Majority Vote Victory System

All the members of the Lok Sabha are directly elected by the people. Any voter can cast his vote to elect
any candidate of his choice from his constituency. A candidate securing the largest number of votes
from amongst all the contestants from a constituency gets elected as the representative of the people of
his constituency in the Lok Sabha.

Qualifications for Membership of the Lok Sabha

1) He must be a citizen of India.
2) He must not be less than 25 years of age.
3) He must not hold any office of profit in the government.
4) He should not have an unsound mind or be a bankrupt.
5) He should not be a declared offender of a grave crime by any court.
6) He should possess all such qualifications prescribed by the Parliament.

Tenure
The normal term of the Lok Sabha is five years. This term can be extended for one year during an
emergency. But fresh elections to the Lok Sabha must be held within six months of the end of
emergency. Further, the president can dissolve the Lok Sabha at any time when the prime minister may
advise him to do so or when no party may be in a position to form a government.

Quorum
For a meeting of the Lok Sabha the presence of at least one-tenth of its total members 1s essential. If
one-tenth of the members are not present in a meeting of the Lok Sabha, the speak of the House can
adjourn the meeting for lack of quorum.

Presiding Officers of Lok Sabha: Speaker and Deputy Speaker

The speaker is the chairman and presiding officer of the Lok Sabha. In its very fastest meeting every new
Lok Sabha elects one of its members as the speaker and another one as the deputy speaker the speaker
presides over the meetings of the Lok Sabha, conducts its proceedings and maintains discipline and
decorum in the House. His authority is supreme in the House.

POWERS AND FUNCTIONS OF THE LOK SABHA

1) Legislative Powers
An ordinary bill can become law only after it has been passed by both the Houses of Parliament. It can
be introduced either in the Lok Sabha or the Rajya Sabha. When a bill is introduced and passed by the
Lok Sabha, it is sent to the Rajya Sabha. After it has secured the approval of Rajya Sabha, it goes to the
president for his signature.

2) Executive Powers
For all its work, the Council of Ministers is collectively responsible before the Lok Sabha. The leader of
the majority in the Lok Sabha becomes the prime minister. Most of the ministers are from the Lok
Sabha. The ministers remain in office so long as they enjoy the confidence of majority in the Lok Sabha.

The Lok Sabha can remove the ministry from office by passing a vote of no- confidence against it. Thus,
the life and death of the Ministry depends upon the Lok Sabha. The Lok Sabha maintains a continuous
control over the Council of Ministers.

MPs can ask questions from ministers about their policies and activities of administration. They can
criticise their policies. They can move and adopt several types of resolutions and motions (adjournment
motion, call attention motion, censure motion and no-confidence motion) and can reject any bill of the
government.

3) Financial Powers
The Lok Sabha has vast financial powers. A money bill can be introduced only in the Lok Sabha. After
having been passed by it, the money bill goes to the Rajya Sabha. Such a bill can be delayed by the Rajya
Sabha for a maximum period of 14 days.

4) Judicial Powers
The Lok Sabha also performs some judicial functions. The impeachment proceedings can be taken up
against the president either in the Lok Sabha or the Rajya Sabha. The president can be removed from
office only when an impeachment resolution is adopted by each of the two Houses with a two-thirds
majority of its members.

The Lok Sabha also investigates the charges prepared by the Rajya Sabha against the vice-president of
India. The Lok Sabha and the Rajya Sabha can together pass a resolution for the removal of any judge of
the Supreme Court or of a State High Court.

5) Electoral Functions
The Lok Sabha also performs some electoral functions. The elected members of the Lo Sabha take part
in the election of the president. Members of the Lok Sabha and the Rajya Sabha together elect the vice-
president of India. The members of the Lok Sabha also elect a speaker and a deputy speaker from
amongst themselves.

6) Some Other Powers of Lok Sabha

The Lok Sabha and the Rajya Sabha jointly perform the following functions:

a) Approval of the ordinances issued by the president.

b) Change of the boundaries of the states. State, creation of new States and change in the name of
any State.
c) Changes in the jurisdiction of the Supreme Court and the High Courts.
d) Changes the qualifications of the members of the Parliament and State Legislatures.
e) Revising the salary and allowances of the members of Parliament.
f) The setting up of Joint Public Service Commission for two or more States.
g) Passing of a resolution for abolishing or creating the upper chamber of a State legislature.
 h) Approval of a Declaration of Emergency.

RAJYA SABHA
The Rajya Sabha, i.e. the Council of States, is the Upper House of the Union Parliament. It gives
representation to the States of the Indian. However, the States do not enjoy an equal representation in
the Rajya Sabha. These have been given representations on the basis of the size of their populations.

1) Composition of the Rajya Sabha

The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to be the
representatives of the States and remaining 12 members are to be nominated by the president from
amongst persons who have achieved distinctions in the fields of art, literature, science or social services.

2) Method of Election
The members of the Rajya Sabha are elected indirectly by the people. The people of each State elect the
members of their State Legislative Assembly who then elect the members of Rajya Sabha by a method of
proportional representation.

3) Qualifications for the membership of Rajya Sabha

a) He must be a citizen of India.
b) He must be above the age of 30 years.
c) He must possess all other qualifications as laid down by the Parliament.
d) He must not hold any office of profit under any government.
e) He should not be an insane or a bankrupt.

4) Tenure
The Rajya Sabha is a quasi-permanent House. It is not subject to dissolution as a whole. One- third of its
members retire after every two years and elections are held only for the vacant seats. The tenure of
each member of the Rajya Sabha is six years.

5) Quorum for the Meetings of Rajya Sabha

The quorum for the meetings of Rajya Sabha is one-tenth of its members. It means that at least one-
tenth of the members of the Rajya Sabha must be present for carrying out the work of the House.

6) Chairman and Deputy Chairman of the Rajya Sabha

The vice-president of India is the ex officio chairman of the Rajya Sabha. He is not a member of the
House. However, he presides over its meetings and conducts its proceedings. During the absence of the
vice-president, the deputy chairman of the Rajya Sabha presides over the meetings. The deputy
chairman is elected by the Rajya Sabha MPs from amongst themselves.

POWERS AND FUNCTIONS OF THE RAJYA SABHA

i. Legislative Powers
In the sphere of ordinary lawmaking the Rajya Sabha enjoys equal powers with the Lok Sabha. An
ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it. In
case of a deadlock between the two Houses of Parliament over an ordinary bill and if it remains
unresolved for six months, the president can convene a joint sitting of the two Houses for resolving the
deadlock.

ii. Financial Powers

In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced in the Rajya
Sabha. It can be initiated only in the Lok Sabha.

iii. Executive Powers

The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha.
Lok Sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence.

Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya
Sabha can exercise some control over the ministers by criticizing their policies, by asking questions and
supplementary questions, and by moving adjournment motions. Some of the ministers are also taken
from the Rajya Sabha. Now the prime minister can also be from Rajya Sabha if the majority party in the
Lok Sabha may elect/adopt him as its leader.

iv. Amendment Powers

Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with
two-thirds majority in each House.

v. Judicial Powers
a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of
violation of the Constitution.
b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the
Supreme Court or of any high court.
c) The charges against the Vice-President can be leveled only in the Rajya Sabha.
d) The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney
General of India, Comptroller and Auditor General and Chief Election Commissioner.
vi. Miscellaneous Powers
The Rajya Sabha and Lok Sabha jointly perform the following functions:

a) Approval of the ordinances issued by the president.

b) Ratification of an emergency proclamation.
c) Making any change in the jurisdiction of the Supreme Court and the High Courts.
d) Making any change in the qualifications for the membership of the Lok Sabha and the Rajya
Sabha.

SECULARISM AND CONSTITUTION OF INDIA: UNITY IN DIVERSITY

The core ethos of India has been a fundamental unity, tolerance and even synthesis of religion. It is an
indubitable fact that hundreds of millions of Indians belonging to diverse religions lived in comity
through the ages, marred through at times by religion revolts, economic exploitation.

India is the birth place of four major world religions: Hinduism, Jainism, Buddhism and Sikhism. Yet,
India is one of the most diverse nation in terms of religion.

The Preamble of Indian Constitution aims to constitute India a Sovereign, Socialist, Democratic Republic.
The terms socialist and secular were added to it by the 42nd amendment. The whole constitution is
summarized in the preamble. It is the mirror to the spirit of the constitution.

Indian society is a multi-religious society, it is having different caste, religion along with several religion
diversification. So, all these are the divisive factor in some way or the other and if not handled carefully
then can cause a threat to the unity and integrity of the nation.

Religion in India
To understand the concept of secularism in respect of constitutional philosophy first we have to
understand the term "Religion". In general sense, Religion is a system of faith and worship of
supernatural force which ordains regulates and control the destiny of human kinds.

The term religion has not been defined in the constitution but the meaning given by the Supreme Court
of India to the religion can be referred here. The Supreme Court in Commissioner H.R.E. v. L.T.
Swammiar 1954 AIR 282,1954SCR 1005 held, Religion is a matter of faith with individuals or
communities and it is not necessarily theistic. The freedom of religion guaranteed under Indian
Constitution is not confined to its citizen but extends to all persons including alien.

Secularism
India is a secular country but what is secularism? According to Donald Eugene Smith, The secular State is
a State which guarantees individual and corporate freedom of religion deals with the individual as a
citizen irrespective of his religion is not constitutionally connected to a particular, nor does it seek either
to promote or interfere with religion upon closer examination it will be seen that the conception of a
secular State involves three distinct but inter-related sets of relationships concerning the State, religion
and the individual.

Secularism and Constitution of India

Secularism as contemplated by the Constitution of India has the following distinguishing features:

a) The State will not identify itself with or be controlled by any religion.
b) While the State guarantees to everyone the right to profess whatever religion one chooses to
follow, it will not accord any preferential treatment to any of them.
c) No discrimination will be shown by the State against any person on account of his religion or
faith.
d) The right of every citizen, subject to any general condition, to enter any offices under the State
and religious tolerance form the heart and soul of secularism as envisaged by the constitution.
 POLITICAL SYSTEM OF UK

POLITICAL SYSTEM OF FRANCE

POLITICAL SYSTEM OF CHINA