530

ANNEXURE II
CONSTITUTIONS (DEVELOPING AND DEVELOPED)
United Kingdom Pakistan India USA France Turkey China
System of
Parliamentary Parliamentary Parliamentary Presidential Semi-Presidential Presidential Semi-Presidential
Govt.
HEAD OF STATE
Title Crown President President President President President President
Election Crown is Selected Electoral college Electoral college Electoral College of Directly elected by Directly elected by Elected by NPC
(Members of (Members of 538 members (Equal people by absolute people by absolute (National Peoples’
Parliament an Parliament and State to members of majority majority Congress)
Provincial Assemblies) Congress and 3
Assemblies) seats)
Qualification Crown is from royal (i) President must be (i) President must be (i) President must be (i) President must be (i) President must be (i) President must be
family born & Muslim born citizen of India born citizen of USA born citizen of born citizen of born citizen of China
citizen of Pakistan (ii) Age 35 years (ii) Age 35 years France Turkey (ii) Age 40 years
(ii) Age 45 years (iii) He must not hold(iii) He must not hold (ii) Age 18 years (ii) Age 40 years (iii) He must not hold
(iii) He must not hold any other govt. officeany other govt. office(iii) He must have (iii) He must not hold any other govt. office
any other govt. office(iv) Eligible to (iv) He must be Bank Account any other govt. office
(iv) Eligible to become member of resident in USA from (iv) Must have
become member of Parliament last 14 years completed Higher
Parliament Education
TERM Life 5 Years 5 Years 4 Years 5 Years 5 Years 5 Years
Legislative Addresses Addresses Addresses POTUS gives annual Addresses Addresses GNA Addresses NPC
Powers Parliament annually Parliament annually Parliament annually address to congress, Parliament annually annually annually
Signs the bill to Signs the bill to Signs the bill to He can send Signs the bill to Signs the bill to Signs the bill to
make it a law make it a law make it a law messages to make it a law make it a law make it a law Issues
Dissolves the Dissolves the Dissolve the Lok Congress Dissolves the Dissolve the GNA, Ordinances
parliament National Assembly Sabha He can veto the bill Naational Assembly Summons and
Summons and Summons and Summons and passed by legislatureSummons and prorogues GNA
prorogues prorogues prorogues which requires two- prorogues
Parliament parliament parliament third majority of parliament Issues
Issues Ordinance Issues Ordinance Congress to override Ordinance
Executive Nominates PM Nominates PM, Appoints PM President is chief Appoints PM Chief Executive Appoints Premier
Powers Appoints cabinet on Appoints cabinet on Appoints cabinet executive All Appoints cabinet Appoints cabinet Appoints State
advice from PM advice from PM Appoints other executive order are Appoints other Appoints other Council on advice
Appoints other Appoints other executive officials of president executive officials executive officials from Premier
executive officials executive officials President makes Appoints other
executive executive officials
appointments
President appoints
his own cabinet
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United Kingdom Pakistan India USA France Turkey China

Diplomatic Appoints Diplomats Appoints Diplomats Appoints Diplomats Appoints Diplomats Appoints Diplomats Appoints Diplomats Appoints Diplomats
Powers Signs Signs Signs Signs Signs Signs Signs
Treaties/Agreement Treaties/Agreement Treaties/Agreement Treaties/Agreement Treaties/Agreement Treaties/Agreement Treaties/Agreement
s s s s s s s
Military Appoints military Appoints military Appoints military Appoints military Appoints military Appoints military Appoints military
Powers officials officials, officials officials officials officials officials
Mobilization of Mobilization of Mobilization of Mobilization of Mobilization of Mobilization of Mobilization of
troops Commander- Troops Supreme Troops Commander- Troops Commander- Troops Commander- Troops Commander- Troops Commander-
in-Chief of Armed Commandar of in-Chief of Armed in-Chief of Armed in-Chief of Armed in-Chief of Armed in-Chief of Armed
Forces Armed Forces Forces Forces Forces Forces Forces
Judicial Grants Pardon, Grants Pardon Grant Pardon Grant Pardon Grant Pardon Grant Pardon Grant Pardon
Powers Reprieve and Appointment of Appointment of Appointment of Appointment of one- Appointment Appointment of
Clemency Judges Judges Judges third members of of12/15 Judges of Judges
Constitutional Constitutional Court
Council
NOTE Every decision taken  Every decision taken  Every decision taken (i) All presidential  Every decision taken   All decisions taken
by Crown is on the by President is on by President is on appointments by President is on by President must be
advice of PM the advice of PM the advice of PM require confirmation the advice of PM approved by NPC
by Senate and Standing
(ii) All Treaties Committee of NPC
signed require
ratification by
Congress

LEGISLATURE
Parliament: House of Parliament: Parliament: Lok Congress: House of Parliament:
Grand National National Peoples'
Titles Commons and House National Assemble Sabha and Rajiya Representatives National Assemble
Assembly Congress
of Lords and Senate Sabha and Senate and Senate

LOWER HOUSE
Composition 650 342 543 435 577 600 2980
Term 05 years 05 years 05 years 02 years 05 years 05 years 05 years
25 years, Citizen, 25 years, Citizen, 25 years, Citizen, 25 years, Citizen, Not
18 years, Citizen, Not 25 years, Citizen, 18 years, Citizen,
Not convicted by Not convicted by Not convicted by convicted by court of
convicted by court of Not convicted by Not convicted by
court of Law, He court of Law, He court of Law, He Law, He must not
Qualifications Law, He must not court of Law, He court of Law, He
must not hold any must not hold any must not hold any hold any other govt.
hold any other govt. must not hold any must not hold any
other govt. office, other govt. office, other govt. office, office and registered
office other govt. office other govt. office
Article 62 and 63 Resident of US for 7 Completed primary voter
 532

United Kingdom Pakistan India USA France Turkey China

years Education

Elections Direct Elections Direct Elections Direct Elections Direct Elections Direct Elections Direct Elections Indirect elections

FUNCTIONS AND POWERS OF LOWER HOUSES

To make laws To make laws
To make laws To To make laws To make laws
To amend laws To amend laws To make laws To make laws
Legislative amend laws To amend laws To amend laws
To repeal laws To repeal laws To amend laws To amend laws
Powers To repeal Laws along To repeal laws along To repeal laws along
with Upper House along with Upper along with Upper To repeal laws To repeal laws
with Upper House with Upper House
House House
All decisions taken
Executive Debates Executive Controls Executive Debates Executive
Controls Executive Controls Executive Controls Executive by Executive must be
Powers policy (PM and cabinet) policy
approved by NPC
By two-third majorityBy two-third By two-third majorityBy two-third majority
Impeachment ----- By two-third
along with Upper majority along with along with Upper along with Upper By two-third majority
of President majority
House Upper House House House
Declare war along Declare war along Declare war along Declare war along Declare war along
Military Powers Declare War Declare War
with Upper House with Upper House with Upper House with Upper House with Upper House
Complete control
Complete control Complete control
Complete control over over finances. Complete control
over finances. over finances.
finances Purse of Nation, over finances. Purse
Money Bills Purse of Nation, of Nation, Money Purse of Nation,
Purse of Nation
Money Bills Money Bills Complete control Complete control
Money Bills originate originate in Lower Bills originate in
Financial House originate in Lower Lower House originate in Lower over finances. Also over finances. Also
in Lower House
Powers House Money Bills House called the Purse of called the Purse of
Money bills passed by Money Bills passed passed by lower
Money Bills passed Nation Nation
Money Bills passed
Lower House cannot by Lower house can not be
by Lower House
must be approved by Lower House can
be rejected by Upper House cannot be rejected by Upper
by Upper House not be rejected by
House rejected by Upper House Upper House
House
Ratification Of Debate and Debate and
Diplomatic Debate, and controlsDebate and controlsDebate and controls
Debate Treaty Along With ratification of Ratification of
Powers the executive the executive the executive
Upper House treaties treaties
 533

United Kingdom Pakistan India USA France Turkey China

3 out of 15
Impeachment of One-third members NPC elects the
Role in appointment members of
Judicial Federal Judges of Constitutional president of
---- of judges of ----- Constitutional Court
Powers along with Upper Council by NA Supreme People’s
superior courts are appointmented
House president Court
by GNA
Constitutional By Simple majority By two-third majority
By two-third MajorityBy two-third By two-third majority
Amendment along with Upper  By two-third  By two-third
along with Upper along with Upper majority along with along with Upper
House and three- majority majority
House House Upper House house
forth states

UPPER HOUSE
Composition 800 100 245 100 348 ----- -----
Life
Term 6 years 6 years 6 years 6 years ----- -----
Long
30 years, Citizen,
Not hold other office
30 years, same as 30 years, same as of profit, Resident of 30 years, same as
Qualifications Different Types ----- -----
NA Lok Sabha US for 9 years, NA
resident of
respective state
Elections Appointed by Crown, Indirectly through
By Provincial Directly by the
some heridatary By State legislatures Regional and Local ----- -----
assemblies people
members government
FUNCTIONS AND POWERS OF UPPER HOUSES
To make law To make law To make law To make law To make law
To amend laws To amend laws To amend laws To amend laws To amend laws
Legislative
To repeal laws along To repeal laws along To repeal laws To repeal laws alongTo repeal laws ----- -----
Powers
with with along with with Along with Lower
Lower House Lower House Lower House Lower House House
Debate and controls,
Executive Debate Executive Debate Executive Debate Executive Debate Executive
confirmation of ----- -----
Powers Policies Policies Policies Policies
officials
Two-thirds majority Two-thirds majority Two-thirds majority Two-thirds majority
Impeachment
----- along with Lower along with Lower along with Lower along with Lower ----- -----
of President
House House House House
Declare war along Declare war along Declare war along Declare war along Declare war along
Military Powers ----- -----
with Lower House with Lower House with Lower House with Lower House with Lower House
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United Kingdom Pakistan India USA France Turkey China

Two-thirds majority
Two-thirds majority Two-thirds majority Two-thirds majority
Constitutional Simple majority along along with Lower
along with Lower along with Lower along with Lower ----- -----
Amendment with Lower House House and three-
House House House
fourth states
Ratification of
Treaty along with Ratification of
Diplomatic Debate Foreign Debate Foreign
Debate Foreign Policy Lower House Treaty along with ----- -----
Powers Policy Policy
Confirmation of Lower House
Diplomats
One-third members
Confirmation of of Constitutional
Judicial Appointment of SC
Limited Role ------ Judges of Federal Council are ----- -----
Powers judges
courts appointed by
President of Senate
 535

COMPARISON OF 1956, 1962 AND 1973 CONSTITUTIONS OF PAKISTAN

1956 1962 1973
Drafted by Second Constituent Drafted by Constitutional Reforms Commission and
Approved by National Assembly of Pakistan
Assembly approved by Gen. Ayub Khan
Enforced: March 23 June 8 August 14
Written Written Written
234 Articles 250 Articles 280 Articles
Partly Rigid: Two-thirds majority of Partly Rigid: Two-thirds majority of legislature is needed Partly Rigid: Two-thirds majority of legislature is needed
legislature is needed for for constitutional amendment for constitutional amendment
constitutional amendment
Parliamentary System Presidential System Parliamentary System
Unicameral: House of People with Unicameral: National Assembly with 156 members Bicameral: National Assembly 342 members
310 members Senate: 104 members
Federation Federation Federation
Three lists and residuary powers One Federal list and residuary powers with provinces Two lists (Federal and Provinicial) and residuary powers
with Federal government with provinces
Fundamental Rights Fundamental Rights Fundamental Rights
Independence of Judiciary Independence of Judiciary Independence of Judiciary
Directive Principles of State Policy Directive Principles of State Policy Directive Principles of State Policy
Basic Democracy System was established as local
government system which is to perform three functions:
---- -----
Elect President, Elect National Assembly and work as
Local Government
Article 6 is added which is meant to protect the
----- ---- constitution from abrogation and suspension
unconstitutionally.
Official Languages: Urdu and Bengali Official Languages: Urdu and Bengali Official Language: Urdu
Islamic Provisions Islamic Provisions Islamic Provisions
No law against Islam, Islamic Republic No law against Islam, Islamic Republic of Pakistan, No law against Islam, Islamic Republic of Pakistan,
of Pakistan, Objectives Resolution, Objectives Resolution, Head of State must be Muslim, Objectives Resolution, Head of State must be Muslim,
Head of State must be Muslim, Advisory Council of Islamic Ideology Council of Islamic Ideology, Article 62, 63 Islam as
Establishment of Commission for official Relegion, Definition of Muslim
Islamic Recommendations
 536

CHECKS AND BALANCES OF THE 3 BRANCHES OF GOVERNMENT IN USA

  Legislative Branch Powers
 Writes and enacts laws
Creating
 May override presidential vetoes
Laws
by a two-thirds majority in each
house
Executive Branch Powers
 May veto laws
Judicial Branch Powers
 Determines whether a law is unconstitutional
 Determines how laws should be interpreted to assure
uniform policies in a top-down fashion via the appeals
process

Foreign
 Must approve foreign treaties  Can make foreign treaties  Determines the legal meaning of treaties
Treaties

 Determines whether a law is unconstitutional

 Can limit the power to review the
constitutionality of laws  Determines which laws Congress intended to apply to any
Implementing  May veto laws given case
and  May propose amendments to
Interpreting overturn judicial decisions  Can petition Congress to  Determines how a law acts to determine the disposition of
Laws approve laws prisoners
 Can set the jurisdiction of the
judiciary  Determines how a law acts to compel testimony and the
production of evidence

 Confirms presidential
appointments of federal judges,
executive department heads,  Appoints federal judges,  Polices its own members
Official Role ambassadors, and many other executive department heads,
Appointments officers ambassadors, and various  Supreme Court justices and federal judges have lifetime
 
other officers appointments
 Has impeachment powers over
federal officers

 Has sole power to declare war,

 Wages war at the direction of
War and makes the rules for the
Congress
military

 Creates federal courts except for

 Nominates Supreme Court
Appointing the Supreme Court  Creates conduct rules for judges
justices
Judges and
Justices   Sets the number of justices on the  Can remove judges from their positions in rare instances  
 Appoints federal justices
Supreme Court
 537

Executive
 May investigate actions of the  Rules on whether specific actions of the executive branch
Branch
executive branch are legal and/or Constitutional
Actions 
 538
COMPARISON AND CONTRAST BETWEEN THE PARLIAMENTARY AND PRESIDENTIAL
FORMS OF THE GOVERNMENT
Basis Parliamentary Form of Government
Meaning  It is a form of government where the
legislature and executive are closely related to
each other. It is a system in which the citizens
elect representatives to the legislative
Parliament.
Executive There is dual executive as leader of the state
and leader of the government are different.
Ministers The ministers belong to the ruling party  and
are Members of Parliament. No outsider is
allowed to become a minister.
Accountability The Executive is accountable to the
Legislature.  Legislature.
Dissolution of lower house The Prime Minister can dissolve the lower
house.
Tenure The tenure of the Prime Minister depends
upon the majority support in the Parliament,
and is thus, not fixed.
Separation of Powers The principle of Separation of powers is not
followed strictly. There is concentration and
fusion of powers between the Legislative and
the Executive.
Party Discipline Party discipline is stronger and the system
leans towards unified action, block voting and
distinct party platforms.
Autocracy This type of government is less autocratic as
immense power is not given to only one
person.
Presidential Form of Government
It is a system of government in which the three
organs of the government – the executive,
judiciary, legislature work separately. In it, the
President is the chief executive and is elected
directly or indirectly by the citizens.
There is a single executive as the leader of the
state and the leader of the government is the
same.
The ministers can be chosen from outside the
legislature, and are usually experts.
The Executive is not accountable to the
The President cannot dissolve the lower house.
The tenure of the President is fixed.
The principle of Separation of powers is strictly
followed. Powers are divided and the
Legislature, the Executive and the Judiciary
work separately. 
Party discipline is comparatively less and
failure to vote with one’s party does not
threaten the government.
This type of government is more autocratic as
immense power is concentrated in the hands of
the President.

DIFFERENCE BETWEEN FEDERAL AND UNITARY FORM OF GOVERNMENT
Federal
1. Powers are distributed between the central and state
government.
2. There is an independent judiciary to resolve conflicts
between the center and the state.
3. In this government citizens have to obey two sets of laws.
4. In a federal government the constitution is the outcome of
an agreement and it can only be amended by a special
procedure.
5. In a federal form of government there are separate
legislatures at the central and state levels.
6. There is a fear of separation in federal government.
7. There is no stability in this type of government.
8. There constitution is rigid because there is no room for
amendment.
9. Their territory is united in diversity.
10. This government is democratic.
11. There is political awareness in this government.
12. A federal government must have a written constitution.
13.  A special judiciary with wide powers must be needed.
COMPARISON OF SOCIAL CONTRACT THEORY OF THOMAS HOBBES, JOHN LOCKE, JJ
ROUSSEAU
THOMAS HOBBES
539
Unitary
1. All powers are concentrated in one central authority.
2. There is no such mechanism in unitary government.
3. In this government unitary system of law prevails.
4. In a unitary form of government the constitution is not the
outcome of an agreement and can be changed by its own
supreme authority. 
5. A unitary government has a supreme central legislature.
6. There is a promotion of national integration.
7. Government is stable.
8. There constitution is flexible.
9. Their territory is not diverse.
10. This government is non- democratic in nature.
11. There is no political awareness.
12. A unitary govern¬ment may or may not have a writ¬ten
constitution. 
13. There is no need of having a spe¬cial judiciary with wide
powers of judicial veto in a unitary govern¬ment.
JOHN LOCKE JEAN- JACQUES ROUSSEAU
 540

 Violent place, people live in

constant fear
 Like a state of war (not necessarily
fighting but the inclination to fight
and take pre-emptive measures
against each other)
 “The condition of man... is a
STATE OF
condition of war of everyone
NATURE against everyone”
 People think of their own interests
over others’
 No morality
 Solitary, poor, nasty, brutish and
short life
 When there is no government
 Man may do whatever he sees fit to
protect his interests, especially his
life
LAW OF  “A man cannot lay down the right of
resisting them that assault him by
NATURE
force, to take away his life.”
 Men are equal
 Is NOT equal to a state of war
 It is actually chaotic but neither it
is good nor bad
 People are equal and free to do
whatever they want but are bound
by the law of nature
 People have stronger moral limits
 When there is no government
 “want [lack] of a common judge,
with authority, puts all persons in
a state of nature”
 fundamental law of nature is that
as much as possible mankind is
to be preserved
 men are free and equal
 Single absolute law regardless of
where people live (applies to all)
 Can be discovered by reason
alone
 Different from divine law
 A primitive condition without law or
morality
 “uncorrupted moral” prevails
 Mean are ignorant and innocent
 Men are free and equal
 Men are born with the potential of
goodness
 Men are just like any other animals
 People don’t interact much but
Interaction and competition are
unavoidable
 When there is no government
 Natural law is morality
 Morality is preservation of self
without causing harm to others
 Morality is a natural repugnance at
seeing other humans suffer
 Rousseau does not agree of causing
pain to others in order to preserve
oneself.

 Right to life (to live); to liberty (to

 Right to life/ preservation of life do anything they want with
 whatever you need to survive is good
 Right of a person to everything respect to the right of others to
but as musch as possible, not in the
 Right of a person to do whatever is life); to property (to own all they
RIGHT OF extent of harming others
necessary to create or acquire with respect to
NATURE others’ life and liberty rights)  Natural rights are on the principles of
 preserve his interests, especially his pity and self-preservation
life  All people have natural rights
 These rights make men unequal
 Right to equality  These are privileges or claims to
which people are entitled

 Persons collectively agree to give
up all their freedom and power to a
sovereign (ruler)
 “That a man be willing, when others
are so too, as far forth as for peace
and defence of himself he shall
think it necessary, to lay down this
right to all things; and be contented
SOCIAL with so much liberty against other
CONTRACT men, as he would allow other men
against himself. “
 Absolute control (authoritarian
monarchy) where all powers and
laws are by that sovereign
 Government imposes laws and
order to prevent the state of war
541
 Governments exist by of the
consent of people to protect their
natural rights and promote public
good
 The right of revolution is
exercised when the government
fails (people may rebel to redress
the government)
 There is the principle of the rule
of majority where things are
decided by the greater public
(liberal monarchy)
 Social contract is made among all
people of that society to bring them
in harmony
 A general will is made, and agreed by
the people to abide by it
 “Each of us puts his person and all
his power in common under the
supreme direction of the general will;
and in a body we receive each
member as an indivisible part of the
whole”
 Direct rule by the people
(republicanism/democracy)
 “Whoever refuses to obey the general
will shall be compelled to do so by
the whole body.”