POLITICAL SCIENCE

Short Notes for CSS/PMS

Made By: Maria Azhar (OMG)

Political Science: An Introduction:

 Originated long before the Greek civilization but got flourished by the Greeks.
Socrates (470-399), Plato (428- 347) and Aristotle (384-322).
 Confucius in China (551-479BCE) and Kautilya in India (300 BCE)
 Aristotle and Plato – work on philosophy, 2500 years ago -- Greek city states (polis)
concepts on education, politics, metaphysics.
 Political Science separated itself from philosophy in later half of 19th century.
 Socrates Founder of Western Philosophy.
 Aristotle Founder of Political Science.

Word “Politics” derived from Greek word POLIS meaning “a city state”.

Political science is that branch of the social sciences that studies the state, politics, and government.
Political Science deals extensively with the analysis of political systems, the theoretical and practical
applications to politics, and the examination of political behaviour.

The Greek thinker, Aristotle, defined political science as the study of the state.

“The science of Politics discusses various aspects of state and government in respect of their origin,
evolution and main objectives. It also entails a profound study of different aspects of human activity
and the working of institutions which are, directly of indirectly, related to organised life in a state. Its
subject matter encompasses all ideas and institutions dealing with pattern of power and influence in
a society.

Political science is the scientific study of POLITICS (state and government).

Scope of Political Science:

1. Analysis of the Past.

2. Study of Present.
3. Determination of the Future course of action.
4. Formation of Political ideologies.
5. Study of structure of government.
6. Working of international institutions.
7. Various branches like political economy, International Relations, Comparative Studies.

STATE:
 “man – a social animal” Aristotle.
 Hunting and gathering societies.
 Horticulture societies.
 Emergence of concept of state.
 The word STATE first used in early 16th century.
  Machiavelli – The Prince (1532).

Definitions:

Aristotle: aggregation of different families and villages organised for the purpose of providing
facilities for the promotion of a happy and prosperous life.

Burgess: state is a particular portion of life mankind views as an organised unit.

Maciver: association which acting through law as promulgated by a government endowed to this
end with coercive power, maintain within a community territorially demarcated the universal
external conditions of social order.

State is a society politically organised within a definite territory, having its own government with
coercive power to enforce obedience and which is free from external control.

Elements:

1) Population.
2) Territory.
3) Government.
4) Sovereignty.

Population:

Every citizen whose rights and duties are legally recognised – modern concept.

In Greek city states, Slaves and metics (migrants) not recognized as citizens. Only 1/10 of population
considered citizens.

Size: Greeks preferred limited number of populations. Plato in Republic 5040, Aristotle “neither too
small nor too large”. Rousseau, according to the economic resources.

Modern approach: no hard and fast rule.

Pakistan 220mn, India and China population in Billions.

Territory:

A geographic area belonging to or under the jurisdiction of a governmental authority that is

sovereign in nature.

Different establishments like Jews before establishment of Israel, well organised but lacked territory.

Greeks: preferred limited territories.  Romans: preferred expansion of territories.  Al Farabi: small
city state as an ideal Muslim polity.  Ibn Khaldun: vast territory.

Modern approach: no fixed formula.

Location: important foreign policy indicator.

Roman empire due to strategic location of Rome.

Aristotle believed in strategic location. Not landlocked, access to sea routes, mountain ranges.

British Navy strengthened due to physical location of Britain.

Territorial nationalism: concept of nationhood based on common territory. Government: System or

group of people governing an organised community (generally a state).

Government:

Organ of the state that formulates and expresses will of the state and exercises its sovereignty – rule
making, rule execution, delivering justice.

Parts of government: legislature, executive, judiciary.

Sovereignty:

The supreme authority of the state to govern itself.

Sovereignty ensures unconditional obedience of citizens to the commands of the state.

State is free from external control. Supremacy of the state over every other entity.

Jean Bodin, French political thinker (16th century) introduced this concept in political discussions.

John Austin’s theory of sovereignty.

Dual concept of sovereignty:

From internal point of view.

From external point of view.

Internal sovereignty: laws of state are the source of all powers and authority within its territorial
limits.

External sovereignty: independence of state from external control.

Difference between state and government:

State:

1. Permanent in nature.

2. State a complete unit.

3. Sovereign.
4. Main body.

5. All the population is a member.

6. Physical characteristics of state same everywhere.

7. State is a non-physical entity.

8. All authority belongs to state.

Government:

1. Temporary in nature.

2. Government element of the state.

3. Not sovereign.

4. Brain.

5. Only selective members.

6. Government can have different forms.

7. Government is a physical entity.

8. Government exercises authority as conferred by the state.

Islamic concept of state and Ummah:

 A welfare state.
 Principles of justice and fair play.
 Individualistic philosophy for political, economical and judicial arenas.
 Balanced views: liberty and equality.
 Prosperousness through brotherhood.

Political philosophy:

Parliamentary form of government.

Inclusive government.

O you who believe! Obey God and obey the Messenger, and those from among you who are invested
with authority.

Different method of choosing ruler.

Hazrat Abu Bakar elected by people.

Hazrat Umar nominated by Hazrat Abu Bakar at his death bed.

Hazrat Usman was elected by council of electors.

Hazrat Ali got control of the caliphate after death of Hazrat Usman and then was unanimously
accepted as the caliph.

Mosque as a religious and political institution.

“Islam and government are twin. None can remain isolated. Islam is like a building while government
is its guardian. A government without foundation demolishes, and a person is robbed off who has no
guardian”. (PBUH)

Khutbas as a source of religious and political knowledge.

Economic philosophy:

Balance between capitalism and socialism.

Stipends to all who couldn’t earn.

“We will not be on the right path if we leave the people unprotected in their old age while we have
utilised their services in the prime of their lives”. (Hazrat Umar Farooq RA)

No enrolment of zimmis in military services.

Concept of Zakat and Usher.

Usury prohibited.

Black markets, cartels and hoarding prohibited.

Equitable profit making.

Right to property and wealth.

Judicial Philosophy:

Philosophy of justice and fair play.

Justice as a pillar of Muslim society.

Racial justice and equality.

No discrimination among the masses.

“Verily, Allah commands that you should render back the trusts to those, to whom they are due; and
that when you judge between men, you judge with justice. (Al Quran)

Strong punishments.

Settled criteria for witnesses.

Higher salaries for Qazis.

Even if Qazi gives a wrong decision but decides it in good faith, he is awarded a blessing, “naiki”.

Sovereignty:
Latin word ‘superanaus’ i.e superior to all.

Introduced by Jean Bodin during 16th century.

Before sovereignty concept of philosopher king and absolute ruler.

“Supreme power over citizens unrestricted by law”. Jean Bodin.

Hobbes gave sovereignty to the ruler.

John Locke somewhat gave sovereignty to the people.

Rousseau gave sovereignty to the ‘general will’.

Austin’s concept of sovereignty:

English Jurist, Utilitarian, gave absolute concept of sovereignty in “Lectures on Jurisprudence”

published in 1832.

“If a determinate human superior not in the habit of obedience to a like superior, receives habitual
obedience from the bulk of a given society, the individual is a sovereign in that society, and that
society including that superior, is a society free and independent.”

Powers of sovereign are unlimited and absolute and sovereignty is indivisible and inalienable.

Sovereignty is the source of all authority and it can be clearly located.

Law is the command of sovereign and its violation is dealt with punishment. Rights and duties are
determined by law.

Kinds of sovereignty:

Titular sovereignty and Actual sovereignty.

Legal and Political sovereignty.

De facto and De jure sovereignty.

Popular sovereignty. (Rousseau)

Attributes of sovereignty:

i. Permanence.
ii. Exclusive.
iii. Absolute.
iv. Indivisible.
v. Universal.
vi. Inalienable.
vii. Everlasting.

Liberty:

Latin word ‘LIBER’ meaning free.

Protection against state interference – Seeley.

Absence of all restraints on those social conditions that are indispensable for the betterment and
welfare of individuals – Laski.

Greek city states, only free citizens had liberty.

In political discussions, liberty always implies a system of rights and duties.

Freedom of any action that does not injure others – Declaration of Human Rights.

“Freedom that individuals enjoy under the law being member of the state” modern concept of
liberty.

Kinds of liberty:

Natural liberty – Hobbes state of nature.

National liberty – independence of state from external control. “National self determination”. Paris
peace conference after world war
Modern concept:

Civil liberty – personal liberties (Laski). Right to life, freedom etc.

Political liberty – participation in political life.

Economic liberty – equal economic rights. Formation of trade unions, equal wages etc.

Safeguards of liberty:

i. Rule of law.
ii. Constitutional protection to liberty.
iii. Democratic system.
iv. Separation of power.
v. Local self-government.
vi. Vigilance.

Equality:
Equal access to similar rights.

Kinds of equality:

Civil equality: equality before law.

Political equality.

Economic equality.

Relationship between liberty and equality:

Imposition of liberty ensures equality. Laissez faire in 19th century.

Equality is indispensable to liberty.

Rights and Duties:

Those conditions of social life in the absence of which no one can develop his capacities – H.J. Laski.

Rights are the claims of individuals recognised by the state in the absence of which they feel
insecure from undue interference.
Kinds of rights:

Civil rights – right to life, right to security, freedom of conscience, right to education, right to family
life, right to reputation, freedom of expression, right to associations, equality before law.

Economic rights – right to property, right to work, right to contract, right to earn.

Political rights – right to vote, right to contest elections, right to hold political offices, right to
criticize, right to form political parties.

Rights and duties go hand in hand.

Important duties:

Loyalty to state.

Obedience to law.

Payment of taxes.

Sanctity of vote.

Other duties that state imposes time to time.

Human rights:
Human rights are the basic rights and freedoms that belong to every person in the world, from birth
until death.

Universal declaration of human rights 1948 (30 articles)

Fundamental rights: human rights that are guaranteed in the constitution.

Law:
German word “Lag” meaning fixed or evenly.

In political discussion, law implies rules and regulations enforced by state whose violation is dealt
with punishment.

General rule of external human action enforced by a sovereign political authority – T.E. Holland.

Body of principles recognised and applied by the state in administration of justice – John Salmond.
Law signifies those rules of human conduct which are enforced by an authoritative political
institution and whose violation is dealt with penalty or punishment.

Sources of law:
1) Usages.
2) Religion.
3) Commentaries of jurists – Gaius and Justanian on Roman law, Blackstone in Britain.
4) Adjudication.
5) Equity.
6) Legislations.

Kinds of law:

1) Constitutional law.
2) Statutes.
3) Executive decrees.
4) Ordinances.
5) Adjudicatory law.
6) Common law.

Spheres of law:

Private law and public law.

Civil law and criminal law.

Municipal law and international law.

Rule of law and administrative law.

School of thoughts:

 Analytical school – Machiavelli, Bodin, Hobbes, Bentham and Austin. Purely legalistic. Law
is the command of the sovereign. Law is not without force.
 Historical school – Sir Henry Maine, Frederick Pullock. Law as manifestation of customary
way of life.
 Philosophical school – John Kohler.
 Comparative approach – Sir Paul Vinogradof.
 Sociological school – Justice Holmes, Laski, Krabbe.

Sources of Islamic law:

1) Quran.
2) Sunnah.
3) Ijma (consensus).
4) Qiyas (analogy).
Structure of Government:
Three pillars:

1) Legislature.
2) Executive.
3) Judiciary.

Legislature:

Legislature is the branch of government that makes the laws.

Historically: Traditions and usages.

Laws by king and church.

Divine law.

Medieval ages (5th – 15th century): organizations of European parliament.

Charles 1 (1649).

Charles 2 (1660) – constitutional monarchy. Republicanism is UK.

French Revolution (1789-1799).

Functions and powers of legislature:

1. Legislation.
2. Amending the constitution.
3. Administrative control.
4. Control over finances.
5. Judicial powers.

Types of legislature:

Unicameral legislature.

Bicameral legislature – upper and lower chamber.

Advantages of bicameral legislature (disadvantages of unicameral legislature):

 Check on absolutism.
 Revision of bills.
 Seasoned members.
 Important for strong federation.
 Check on each other.
 Obtaining public opinion.
Advantages of unicameral (disadvantages of bicameral):

 Simple structure.
 Concentration of responsibility.
 Less expensive.
 Efficient system

Executive:

Executive is the branch of government that executes the laws.

Powers and functions:

1. Administrative functions.
2. Legislative powers.
3. Financial powers

Judiciary:

Judiciary interprets the laws and is responsible for maintaining justice.

Functions and powers:

1. Protection of fundamental rights.

2. Interpretation of law.
3. Adjudication.
4. Interpretation of constitution.
5. Advisory jurisdiction.
6. Administrative functions.

Forms of Government:

Monarchy:

A form of government with a monarch as the head.

Undivided sovereignty with the monarch.

Royal house.
Nobilities.

Kinship.

Primogeniture.

Democracy:

Government by the people.

Two Greek words – DEMOS and KRATIA meaning ‘people’ and ‘government’.

Kinds:

Direct democracy.

Indirect democracy

Characteristics:

 Civil rights.
 Changing governments.
 Political accountability.
 Rule by majority.
 Freedom of expression.
 Political parties.
 Popular government.
 Supremacy of the constitution.
 Legitimacy.

Advantages of democracy:

i. Popular government.
ii. Political consciousness.
iii. Public interest priority.
iv. Limited government.
v. A system of equality

Disadvantages of democracy:

i. Intricate system.
ii. Perverted role of leadership.
iii. Incompetence.
iv. Instability.
v. Autocracy of majority.
vi. Lack of civic virtues.
Dictatorship:

Extra constitutional government.

Characteristics:

 Hit to fundamental rights.

 Absence of liberty.
 Mobilised public opinion.
 Concentrated power.
 One man show.
 Myth of nationalism.

Advantages:
i. Political stability.
ii. Competent administration.
iii. Economic development.

Disadvantages:
i. Oppressive regime.
ii. Myth of stability.
iii. Rule of privileged classes.
iv. Ambitious wars.

Unitary form:

A centralized government where all power is held by government.

Limited delegation of power.

Federal form:

Power divided between federal capital and federal units.

Delegation of powers.

Provincial autonomy.

Confederation:

Lose union of independent sovereign states.

Features of federation:

 Division of powers.
 Supremacy of the constitution.
 Rigid constitution.
 Judiciary as guardian of constitution.
 Dual set of law – federal law and provincial law.

Conditions for federation:

 Unity in diversity.
 Common culture.
 Geographical contiguity.
 Equality in federating units.
 Political consciousness.
 Strong relation between federal and regional institutions.

Advantages of unitary form (disadvantages of federal system):

i. Simplicity.
ii. Stability.
iii. Uniform laws.
iv. Advantages of federal form (disadvantages of unitary form):
v. Autonomy to units.
vi. Strong system

Parliamentary form:

Executive is part of legislature and is accountable to legislature.

Responsible government.

Presidential form:

The executive is not part of legislature and thus not accountable to it.

Separation of powers.
Features of parliamentary system:

 Head of the state is ceremonial.

 Cabinet members are part of parliament and thus accountable to it.
 Cabinet is formed on the very first session of parliament.
 Collective responsibility.
 Limited separation of powers.
 Prime minister commands majority in the parliament.
 Vote of no confidence with parliament.
 PM can dissolve the parliament.

Features of presidential form:

 Cabinet not part of the legislature.

 No accountability.
 Separation of powers.
 Power lies with the head of the state.
 Members of cabinet not members of legislature.
 Checks and balances.
 Legislature cannot be dissolved.
 Vote of no confidence cannot be passed.

Advantages of parliamentary system (disadvantages of presidential system):

i. Coordinated government.
ii. Flexible system.
iii. Responsible government.
iv. Seasoned executive.
v. Sound administrative policy due to majority with ruling government.

Advantages of presidential system (disadvantages of parliamentary system):

i. Stable government.
ii. Competent cabinet.
iii. Efficiency due to no legislative participation.
iv. Separation of powers.
v. Less party politics.
vi. Free formation of policies.

Political Culture:
The set of attitudes, beliefs, and sentiments which give order and meaning to a political process and
which provide the underlying assumptions and rules that govern behaviour in the political system --
Encyclopedia.
A set of shared views and normative judgments held by a population regarding its political system –
Britannica.

Political culture in Pakistan:

 Rhetoric.
 Language issues.
 Political loyalties.
 Less meaningful political conversations.
 Angry public environment.
 Mobilised public opinion. Cult culture.
 Aggressive messaging.
 Zero political middle ground.
 Politics more like war.
 Sentimental society.
 A portion of society extremist.
 Lack of political agendas/policies.
 Lack of vigilance in society.

Civil society:
Organizations that are not associated with government.

Schools and universities.

Advocacy groups.

Professional associations.

Cultural institutions.

Non-governmental organisations (NGOs).

Community-based organisations.

Think-tanks.

Trade unions.

Cultural groups.

Informal citizen organisations.

Functions of civil society:

i. Vocalization of issues.
ii. Raising awareness.
iii. Providing platforms.
iv. Part in legislation.
v. Relief to community.
Political violence:
Political violence is a violence done for political gains.

Guerrilla warfare.

Insurgency.

Terrorism -- The calculated use of violence to create a general climate of fear in a population and
thereby to bring about a particular political objective.

Rebellion.

Revolution.

Rioting.

Civil war.

Gender, Politics and Women Empowerment:

Men dominated politics.

Political culture.

Muslim state.

Patriarchal society.

Women also don’t take interest.

Socially disapproved.

60 seats in National Assembly (Art. 51)

17 seats in Senate (Art. 59)

The study found that, whereas women constituted about 20 percent (or one-fifth) of the total
combined membership of both houses of parliament, they contributed 33 percent (or one-third) to
the parliamentary business. The average attendance of parliamentary sessions by women members
of either house was also significantly higher than their male counterparts. (The Free and Fair Election
Network (FAFEN)’s report, ‘Women Parliamentarians Performance 2018-2019)

Out of Pakistan’s nearly 106m registered voters, only 44pc are women.

Women empowerment:

Education.
Reserved quotas.

Women friendly laws.

Change in societal mind set.

Local Self Government:

The administration of a locality by the residents of that locality.

Three tiers of government:

Central government.

Provincial government.

Local government.

Local govt: administration by bureaucrats.

Local self govt: administration by elected representatives of area.

Functions of Local government:

 Development and maintenance of roads, bridges, street lights and storm water drains.
 Providing protection against stray animals and animal trespass, and establishing cattle pounds.
 Family Welfare Clinics, Promotion of public health, responsibility for sanitations, removal,
collection and disposal of used items.
 Registration of birth, deaths and marriages.
 Welfare homes, asylums, orphanages, widow and shelter houses.
 Prevention of beggary, gambling, taking of injurious drugs and consumption of alcoholic
liquor.

History of local government in Pakistan:

1947 – no local government.

1958 – 1969 – Basic Democracies Ordinance 1959 by Ayub Khan. 80 thousand initially, later one lakh
20 thousands.

1973 constitution. Art. 37(1).

1977-1988 martial law by Zia ul Haq. 1979 Local Government Ordinance.

No local governments during 1990s.

Devolution of Power Plan 2001:

5D plan:

Devolution of Political Power.

Decentralization of Administrative authority.

De-concentration of management functions.

Diffusion of the power - authority nexus.

Distribution of resources.

Province ---- District ---- Tehsil ---- Union.

District Level:

Top level.

Zila nazim head of district administration.

All union councils part of it.

Responsible directly to province and the people.

Tehsil Level:

Middle tier.

Tehsil municipal administration headed by tehsil nazim.

Function of administration, finances, the management of the offices of the local government, rural
development and numerous other subjects at the regional, divisional, district, Tehsil and lower
levels.

Union Level:

Small unions.

Lowest tier.

Union nazim head of union administration.

Union nazim elected by local residents.

Naib nazim junior to union nazim.

They generated their own taxes.

Purpose of LSG:
 i. Decentralization.
ii. Public participation.
iii. Facilitation to government.
iv. Efficient system.
v. Introduce young blood in politics.
vi. To provide political platform to all.
vii. Service delivery.

Challenges to LSG:

i. Tussle between provincial and local tier.

ii. War for finances.
iii. No compulsion on making LSG.
iv. Politicized by military regimes.
v. Lack of awareness.
vi. Lack of accountability.
vii. Lack of political will to strengthen the LSG.
viii. Bureaucratic hurdles.
ix. Not merit based.

Recommendations:

i. Free, fair and regular elections.

ii. Educational criteria for members of LSG.
iii. Continuity by all governments.
iv. Decentralization to grass root level.
v. Constitutional compulsion.
vi. Unprecedented control of province over LG ended.
vii. Financial independence.

Political Ideologies:

Capitalism:

An economic and political system in which a country's trade and industry are controlled by private
owners for profit, rather than by the state.

An Inquiry into the Nature and Causes of the Wealth of Nations (1776) -- Scottish economist and
philosopher Adam Smith.

Industrial Revolution and Mercantilism.

Free market economy – market sets the price

Characteristics:
 Free market.
 Two class system.
  Private ownership.
 Profit based economy.
 Minimum intervention by state. Laissez Faire.
 Competitive model.
 Supply and demand mechanism

Communism:

Political and economic doctrine that aims to replace private property and a profit-based economy
with public ownership and communal control of natural resources of a society.

Karl Marx Communist Manifesto (1848), Das Capital (1867-1883).

Communism is the highest form of socialism

Characteristics:

 State owned property.

 Fair wages.
 Central planning.
 Provision of necessities of life by the state.
 Profit motive replaced by ‘common good’.
 No competition.
 Mostly single party system

Totalitarianism:

A form of government or political system that prohibits opposition parties, restricts individual
opposition to the state and its claims, and exercises an extremely high degree of control over public
and private life.

Italian dictator Benito Mussolini coined the term totalitario in the early 1920s.

“All within the state, none outside the state, none against the state.”

Characteristics:
 Charismatic leadership.
 Rule by a single party.
 Total control of the military.
 Total control over means of communication (such as newspapers, propaganda, etc…)
 Police control with the use of terror as a control tactic.
  Control of the economy.
 Massive interference in social life of people.
 Political life of country mobilised.

Fascism:

Far-right, authoritarian ultra-nationalism characterized by dictatorial power, forcible suppression of

opposition.

Came to prominence in early 20th-century Europe.

Derived from Latin word Fasces – bundle of sticks with an axe on top.

Benito Mussolini – first fascist leader.

Characteristics:

 Control with fascist leader.

 No powers with parliament.
 Against democracy.
 Absence of liberalism.
 Opposition of political culture.
 Totalitarian ambitions.
 Corporatism (state controlled businesses).

Nationalism:

Identification with one's own nation and support for its interests, especially to the exclusion or
detriment of the interests of other nations.

Characteristics:

 One nation.
 Group feelings.
 Distinction.
 Defined territory.
 Common interest.

Western Political Thought:

Plato:

(428/427— 348/347BCE) Athens.

Academy in 387 BCE in Athens.

Republic – in socratic style around 375 BCE.

Philosophy of Utopia – the ideal state.

Plato’s philosopher king.

Platonic justice.

Plato’s communism

Three parts of soul – reason, spirit, appetite (functional specialization of Plato)

Reason – qualities of head.

Spirit – qualities of heart.

Appetite – hunger and desire.

One of these factors will always dominate a person. It would decide his place in the society.

Division of society on the basis of parts of soul.

Reason – the rulers.

Spirit – the protectors.

Appetite – the producers.

Division of society on the basis of these three classes. No interference among these three classes.

“We must infer that all things are produced plentifully and easily and of a better quality when one
man does one thing which is natural to him and does it at right time and leaves other things”.

The philosopher king:

Private education in Athens.

Plato wanted education to be responsibility of the city state.

Praises educational system of Sparta.

“The beginning is the most important part of any work, specially in the case of a young tender thing.
For this is the time at which character is formed and the desired impression is more readily taken”.
Enhanced scheme for education. Two phases.

1st phase.

2nd phase.

Birth till 7 years – keep at home and teach morality and patriotism.

7 to 18 years – music and gymnastics.

19 to 20 – only military training.

Screening test would decide who would go for 2nd phase.

2nd phase:

20 to 30 – mathematics and astronomy.

30 to 35 – philosophy.

Send them to field. Test period till 50 years. Philosopher king is born.

Characteristics of philosopher king:

 Above all laws.

 Real political power.
 Fountain head of justice.
 Ability and intelligence most important factors.
 Absolute powers.
 Decisions on basis of reason and wisdom.

“Äs far as there are no philosopher kings who have force of philosophy, passion and heart, the state
will not be able to get rid of its vices”.

Platonic justice:

‘giving to every man what is due to him’ – Cephalus.

‘friends should be treated well and enemies should be harmed’ – polemarchus.

‘justice is the interest of strongest men’ – thracymachus.

“The will to concentrate on one’s own sphere and not to meddle with other’s business is in the heart
of every citizen who does his duty in his appointed place” – plato.

Characteristics:
  Everyone should do his own duty.
 Not to meddle with other’s affairs.
 Natural principles are necessary for justice.
 Justice in society will increase love and cooperation.

“Social justice thus may be defined as the principle of a society consisting of different types of men
who have been combined under the impulse of their needs for one another and by their
combination in one society and their concentration on their own function”.

Plato’s communism:

Applicable only on philosopher and warriors.

Two types:

Communism in property.

Communism in family.

“They live in common barracks and have common public mess. They agree to receive from the
citizens a fixed rate of pay, enough to pay the expenses of the year and no more”.

“The best of both sexes ought to come together as often as possible and the worst as seldom as
possible”.

Characteristics of ideal state (utopia):

 All powerful philosopher king.

 Public education.
 Property and family common.
 Division of profession.
 Division of classes.
 Men and women have equal rights.
 Lousy literature has been discouraged.
 Justice as important element.

Aristotle:

(384 – 322 BCE) Athens.

Lyceum in 334 BCE.

Book: Politics.
Ideal state of Aristotle.

Theory of slavery.

Classification of government.

Cyclic process of Aristotle.

Ideal State of Aristotle:

 Population: 15 thousand to 1 lac.

 Territory: not too small not too large. Reasonable size.
 Geography: strategic location.
 Right to family and property: capitalistic society.
 Constitutional state: concept of law in ideal state.
 Emphasis of education.
 Division of population: citizens and slaves.
 Less rights to women.

“It is against human nature to deprive someone of his property.”

Theory of slavery:

6 types of tasks in a state:

Craft, Art, Agriculture – slaves.

Government, Defence, Religion – citizens.

Arguments in favour of slavery:

Inequality among human beings.

Slave is a need of domestic life.

Slavery is natural.

Slavery is part of state system.

Two types:

Slavery by law.

Slavery by nature.

Who can be made slaves?

Prisoners of war.
Purchased slaves.

Geneological slave.

“A citizen is one who participates in the administration of justice and legislating as a member of the
governing class”.

Aristotle’s classification of government:

Classified governments on the basis of number of people.

If number of people in government is one then monarchy is the good form and tyranny is the bad
form of government.

If number of people in government are few then aristocracy is good form and oligarchy is bad form.

If number of people in the government are many, then polity is good form and democracy is the bad
form of government.

“The secret of importance of Aristotle in the history of political thought is in the fact that he gave
and independent position to POLITICS.” – Professor Dunning.

Aristotle’s Polity:

Two forces in society: quality and quantity.

Quality – elites (ideas). Ruling class.

Quantity – working class (numbers)

Quantity calls Quality as demagogue.

If only two classes than system upset.

Polity – middle class to create balance. Middle class (polity) would prevent democracy (mobcracy) by
the Quantity and oligarchy by the Quality.

Concept of Revolution: cyclic process of Aristotle:

1st stage: from good king to tyrant.

2nd stage: rebellion of people. Establishment of aristocracy (govt. by few)

3rd stage: aristocracy turned to oligarchy – another rebellion.

4th stage: establishment of polity.

5th stage: polity into democracy.

Causes of revolution:

General causes:

No equal rights to people.

Nepotism.

Particular causes:

Greed.

Aggressive rule.

Unfaithful people in high posts.

Extra territorial adventures.

External interference

Ways to stabilize revolution:

i. Manage spies.
ii. Manage fear among people of some external attack.
iii. Severe punishments to defaulters.
iv. Welfare of citizens be increased.
v. Aggressive attitude towards external powers.
vi. Keep people busy all the time.

Education scheme of Aristotle:

Divided schooling into three stages -- primary, secondary, and higher education.

7-14 primary -- gymnastics, writing, reading, music, and drawing.

14-21 secondary -- implementing literature, poetry, drama, choral music, and dancing. The last four
years would be spent in military drill, tactics, and strategy.

21 higher studies continue as long as the student was willing and able.

Higher education was for males only as Aristotle believed women were not capable of such complex
studies.

“The state, I say, is a unity in diversity which is made a community through education”.

Aristotle’s concept of justice:

Justice is of two types.

Universal justice -- obedience to laws. One should be virtuous.

Particular justice – two types.

1) Distributive justice: Distributive justice implies that the state should divide or distribute goods and
wealth among citizens according to the merit.

2) Remedial or corrective justice: All laws related to commercial transactions are dealt within the
remedial and corrective actions. It aims to restore what an individual had lost due to the injustice of
the society. This justice prevents from encroachments of one right over the other.

Niccolo Machiavelli:

(1469 - 1527) Italy.

Father of modern political philosophy and modern political science.

The Prince (1513)

Era of civil war – king and church.

Machiavelli wanted to unify Italy through his Prince.

Philosophy of patriotism, power politics and amorality.

The Prince:

i. Realistic politics. Save your own state.

ii. Lying is justified if done in good faith.
iii. Tongue of fox and heart of lion.
iv. Mass killing of all rebels in one go and not frequently.
v. Rule of fear and not love.
vi. Formation of a regular army equipped with modern weapons.
vii. “State should either expand or expire”, “do not believe in peace, be ready for war all the
time”.
viii. Pre-emptive strikes.
ix. War in neighbourhood support the weak. Balance of power.
x. Use of church for politics.
xi. No acquiring property illegally.
xii. Destroy literature during expansion.
xiii. Prince should be elected

“For where the very safety of the country depends upon the resolution to be taken, no considerations
of justice or injustice, humanity or cruelty, nor of glory or of shame should be allowed to prevail. But
putting all other considerations aside, the only question should be what course will save the life and
liberty of the country.”

“The chief foundations of all state whether new, old or mixed are good laws and good arms.”

“I think it may be true that fortune is the ruler of half of our actions but she allows the other half of
thereabouts to be generated by us.”
Montesquieu:

(1689 – 1755)

French judge and political philosopher.

The Spirit of the Laws 1748.

Theory of separation of powers.

Called Aristotle of 18th century.

Classification of government.

“Liberty is the right of doing what the laws permit and if a citizen could do what they forbid, he
would no longer be possessed of liberty because all his fellow citizens would have the same power. ”

Theory of separation of power:

Real liberty is liberty which we exercise under the law.

Check power with power.

Divide power between legislature, executive and judiciary.

Legislature must be representative of all people.

Separate electorate (rich vote for rich, poor vote for poor)

Laws to be executed by the executive that would be ruler’s minister.

Mechanism of accountability (checks and balances).

“It is by this mixture of monarchical, aristocratic and democratic power blended together in one
system and by these three estates balancing one another, that our free constitution of government
has been presented so long inviolable.”

Classification of government:

Republic: two types.

1) Aristocratic republic (govt. by few people).

2) Democratic republic (elected government).

Monarchy.

Despotism.
“To solve problems, Montesquieu uses the method of Aristotle. That is why he is said the to be the
Aristotle of 18th century.” – Professor Dunning.

Jeremy Bentham:

(1748 – 1832) London.

Philosopher, jurist.

Founder of Utilitarian School of Thought.

An Introduction to the Principles of Morals and Legislations 1789

He defined the principle of utility as “that property in any object whereby it tends to produce
pleasure, good or happiness, or to prevent the happening of mischief, pain, evil or unhappiness to the
party whose interest is considered.”

“Greatest number of happiness for the greatest number of people”.

Man under two sovereigns: Pain and Pleasure.

The object of all legislation must be the “greatest happiness of the greatest number”.

Punishments are evil (pain) so they should be used “so far as it promises to exclude some greater
evil”.

Characteristics of utility:

 Actions good or bad depending upon pain and pleasure they bring.
 Society welfare is sum total of welfare of all individuals.
 Practical politics and practical ethics.
 Based on hedonism.
 Majority’s rule.

Felicific calculus/Utilitarian calculus/Hedonistic (devoted to pursuit of pleasure) calculus:

Intensity: How strong is the pleasure?

Duration: How long will the pleasure last?

Certainty or uncertainty: How likely or unlikely is it that the pleasure will occur?

Propinquity or remoteness: How soon will the pleasure occur?

Fecundity: The probability that the action will be followed by sensations of the same kind.
Purity: The probability that it will not be followed by sensations of the opposite kind.

Extent: How many people will be affected?

(also called as circumstances)

Consequentialist school of thought.

Four aims of law as per Bentham:

1. Security.
2. Maintain existence.
3. Majority.
4. Equality

Thomas Hobbes:

Leviathan 1651.

Pre Renaissance era.

Civil war in England.

Era of James 1, Charles 1 and James 2.

Because he saw war all his life, he wanted peace and for that he came up with the theory of social
contract.

State of Nature:

 Selfish.
 Cruel.
 “War of all against all”.
 Might was right.
 Law of Jungle.
“Fear of violent death” and “Fear of loss of property” forced him to sign a contract with the state.

Social contract is signed. Sovereign made who will protect the life and property of citizens.

Social contract is the contract between sovereign and the citizens in which the citizens will render
absolute control to the sovereign in return for protection of their life and property.

Characteristics:
  Absolutism.
 All authority with sovereign.
 Unilateral contract.
 No accountability of sovereign.
 Sovereign responsible only for saving life and property.
 Unconditional surrender to sovereign.
 Authoritarian form of government.

John Locke:

1632-1704

Glorious Revolution 1688.

Formation of constitutional monarchy.

Era of peace and bloodless revolution.

“Two Treatises of Government” 1689.

State of nature:

 Peace and tranquillity in state of nature.

 No war.
 Natural law prevailed.

Only three lackings in natural law:

No one to decide natural law.

No one to execute natural law.

No one to interpret natural law.

So social contract was necessary.

Characteristics:

 Formation of contract. Rights and obligations.

 Formation of legislature, executive and judiciary.
 Bilateral contract. Sovereign responsible too.
 Every citizen has liberty. Government is supposed to protect liberty of people.
 Democratic form of government.
Jean Jacques Rousseau:

(1712-1778) in Geneva.

Cause of French Revolution.

“Man is born free but is everywhere in chains”.

The social contract 1762

State of nature:

 Concept of property.
 Mine and thine.
 Someone was needed to resolve the issue.
 Governments were formed but they got corrupted.

Only two solutions. Either go back to cave period or form a new contract.

Rejected contract of Hobbes because of unconditional obedience to sovereign.

Rejected contract of Locke because he did not want the power of legislation with the legislature.

According to Rousseau, legislator power is most important and should stay with the community only.

Social contract:

Power of legislation with community.

Rule of majority.

When community uses this power actively it is the sovereign. When uses passively it is the state.

Everyone is state and subjects at the same time.

The will of every person is their particular will.

If particular will (actual will) of every person in the state is same, then it becomes “general will” of all
in the state.

General Will of Rousseau: The particular will of every person in the state when combined, becomes
the general will of the state on whole.
 Principle of Direct democracy.
 Power to legislate with the community. Council of experts made out of community to make
laws.
 Another council to act as executive which can be recalled if performance not good.
 Rule by the people.
William Frederick Hegel:

(1770 – 1831)

German political thinker.

Science of Logic 1812.

Theory of dialect.

Hegelian dialect:

History of the world is history of evolution of reason and ideas. Reason is the base of all thinking.

Three stages:

1. Thesis.
2. Anti thesis.
3. Synthesis.

Hegel’s views on state:

Existence of state not due to social contract but due to dialectic evolution.

Triangle of Family, Society and State – emergence of state.

“The history of the world is none other than the progress of the consciousness of freedom.”

Characteristics of state:

1. A state creates its own ethics and laws.

2. State is practical form of reason. It decides good and bad itself.
3. State is a personality and absorbs will of all its citizens.
4. State is safeguard of freedom.
5. State has a divine will and expresses it through law.
6. State has unlimited powers.
7. State is an end in itself.

KARL MARX:

Germany (1818 – 1883)

England in 1849. Frederich Engels.

Communist Manifesto 1848.

Das Capital (1867 – 1883)

1st industrial Revolution.

Karl Marx’s class struggle – Bourgeoisie and Proletariat.

Means of production – physical forces seed, farm, water, tractor etc.

Relations of Production – the relationship between ‘haves’ and ‘have nots’.

Super structure of society – intangible structure of society laws, rules, government, culture.

“Any change in means of production will require a change in the relations of production.”

• When change occurs in means of production, the bourgeoisie bring change in the super structure
of society instead of bringing change in the relation of production.

• So Karl Marx urges the workers to bring communist revolution.

• “Workers of the world unite. You have nothing to lose but your chains.” – Communist Manifesto.

Materialistic interpretation of society:

• Evolution of societies on the base of their material base. It is matter or material reality that is the
basis of any change.

• He suggested following history of world:

Primitive Communism → Slavery → Feudalism→ Capitalism →Socialism →Communism

Dialectic materialism:

• Progress of the world is because of clash of thesis with anti thesis and formation of a synthesis.
Clash is in ideas and matter is reflection of it – Hegel.

• Clash is in matter and idea is reflection of it – Marx.

The evolution of the world is due to evolution of material forces.

Theory of Surplus value:

• Labourer is a commodity.

• Bourgeoisie provides raw material and labourer changes it into finished product.

• Profit to the bourgeoisie due to fixed price of labour.

• Difference between cost and sale price is called surplus value.

Theory of revolution:
• Snatch the means of production and disturb the super structure of society.

• After revolution the proletariats will manage the system.

• “From each according to his ability to each according to his need.”

• End of private property.

• State owned means of production – socialism.

• Classless, lawless, stateless society – communism.

VLADIMIR LENIN:

Russia (1870 – 1924)

Russian revolutionary. Bolshevik revolution in 1917.

First head of the Government of Soviet Russia 1917 – 1924.

Soviet union 1922 – 1924.

Founder of Leninism.

Lenin saw the Communist Party as a highly committed intellectual elite who:

1. Had a scientific understanding of history and society in the light of Marxist principles.
2. Were committed to ending capitalism and instituting socialism in its place.
3. Were bent on forcing through this transition after having achieved political power.
4. Were committed to attaining this power by any means possible, including violence
and revolution if necessary.

• Proletariat dictatorship.

• Vanguard party.

• Conflict less society.

• Lead with communist party leader.

• Authoritarian society.

• Totalitarian state.

MAO ZEDONG (MAO TSE-TUNG):

(1893 – 1976)

Founder of People’s Republic of China.

Chairman of communist party of china (1949 - 1976)

Founder of Maoism.

 Class struggle.
 Democracy.
 Party discipline.
 Spirit of nationalism.
 Socialism.
 The Great Leap Forward (1958 – 1960’s).

FRANCIS FUKUYAMA:

1952 Japanese American.

The End of History and the Last Man 1992.

Thesis: capitalism maybe humanity’s endpoint in socio-economic revolution.

Says Hegel had knowledge of history because he said that world will end on capitalism.

Marx lacked the knowledge of history.

Criticism:

• Chinese system is controlled capitalism and its growing.

• Resurgence of Russia – Crimea, Ukraine.

• 9/11 attacks. Khilafat challenging capitalism.

His response:

• Democracy is sliding back i.e. Turkey.

• 35 elected democracies while writing book now more than 150.

• Middle class increasing in China soon they will rebel.

• Khilafat not a threat to democracy.

JOHN STUART MILL:

English thinker and philosopher (1806 – 1873)

Utilitarian.

Concept of freedom.

Feminist - Wrote “The Subjection of Women” 1869.

Mill’s concept of Liberty:

1. Individualism.
2. Personal freedoms.
3. Minimum interference of state.
4. Lawful liberty.
5. Revolt against tyranny.
6. Rights to women.
7. Right to private property.
8. Focus on democracy.

MICHEL FOUCAULT:

(1926 – 1984)

French philosopher and thinker.

“Power/knowledge”.

French revolution – monarchy to democracy.

 Worked on operation of power in modern societies.

 Democratic government of France controlling people through mind control.
 Discipline and Punish 1975.
 Discipline and surveillance to amend people and their behaviours.
 Behavioural conditioning of people.
 Criminology, psychology and education to make deviance see able and so correctable.
 Jeremy Bentham’s Panopticon 1787.
 Power/Knowledge.
 Power and knowledge are entangled.
 Everything has power behind it.
 Knowledge is controlled by power.
 Truth is relative.
 Language as a powerful tool for construction.
 Social construction of people.
JEAN-PAUL SARTRE:

(1905 – 1980)

French philosopher and thinker.

Being and Nothingness 1943.

Proponent of Existentialism.

Essentialism – Plato and Aristotle.

Late 19th century – philosophy of existentialism by Sartre

“Existence precedes essence.”

No pre determined purpose. We find our own path.

• The Absurd – searching for answers in an answerless world.

• After events of ww2.

• “we are condemned to be free.” – no real authority to tell you anything. No rules no guidelines
unless you yourself put them there.

• Live Authentically – to live under freedom through absurdity.

• Bad faith – refusal to accept the absurdity.

• Dilemma of a student.

RENE DESCARTES:

(1596 – 1650)

French philosopher and mathematician.

“Cogito ergo sum” – I think, therefore, I am.

Scepticism.

Cartesian Scepticism – when we believe things we don’t know they are false. So there’s no way of
knowing if the things we believe right now are right.

• Disbelieve everything.
• Analogy of Apples.

• Empirical beliefs – beliefs due to our senses.

• Local Doubts – a particular doubt in a particular point in time. As soon as that point in time ends,
the doubt ends.

• Global doubt – a doubt u can’t check out of.

• Bertrand Russell’s 5 minute hypothesis.

• Evil genius of Descartes.

• Radical scepticism – where we cannot believe any of our belief until the evil genius exists.

• Meditations on First Philosophy “cogito ergo sum” – his foundational belief that he exists.

Muslim Political Thought:

ALLAMA IQBAL:

(1877 – 1938)

Concept of Khudi.

Iqbal gave philosophy of Khudi to give answer to the question, “can human reach the level of
righteousness he was created with?”

Concept of Divine spark.

• Khudi is self ego/human ego.

It can be immortal and perishable at the same time.

By unconditional and complete surrender before divine law one can attain khudi and then reach the
highest level of virtue.

This ultimate surrender gets a person’s ego to be incorporated into THE ULTIMATE EGO.

Meaning of khudi:

• Derived from Persian word “khud” that means self consciousness.

Characteristics of khudi:

 Self recognition.
 Faith.
  Love.
 Know your self.
 Belief.
 Self consciousness.

Stages of khudi:

1. Obedience.
2. Self control.
3. Man as caliph of God.

Criticism:

• Allegation of copying Khudi from Frederick Nietzsche (a German philosopher).

• His philosophy of “I”.

Iqbal’s response:

• Iqbal says that Nietzsche’s I is fiction, it is not a reality. Whereas Khudi is a reality. It can be
achieved.

• Nietzsche’s philosophy is all about human emotions and one’s own superiority while Iqbal’s khudi
joins a man with his creator.

Concept of Millat:

 Dislikes western democracy because of following reasons:

 Sovereignty of people.
 Not an ideology but methodology.
 Liberalism and absolute freedom.
 Absolute freedom of thinking and expression.
 Secularism. Calls “Niccolo Machiavelli” as prophet of devil.
 Nationalism on the basis of caste, colour creed.
 Capitalism.
 Party politics.

Millat is a boundry-less state. It is a universal community of believers. To become member of millat

you have to join the millat through believing in one Almighty and his Prophet.

Characteristics of millat:

 Sovereignty with God.

 Khilafat system.
 Islamic democratic system.
 Double accountability of khalifa.
 Equal rights to women.
  No dictatorship of khalifa.
 Law making with parliament.

AL MAWARDI:

(972 – 1058 ) Iraq

Concept of Imamat in Ahkaam e sultaniya.

Importance and need:

1. As God cannot come to earth to maintain peace so he sends his imams in his place.
2. Organize the society.
3. Give justice to all.
4. Maintain law and order.
5. Distinguish between vice and virtue.

How to appoint Imam:

• By election.

• By appointment.

Election by electoral college:

• Voters elect electoral college and then they elect imam.

• Qualification of electoral college:

• Knowledge of religion.

• Wisdom.

• Justice liked by them.

• Bravery.

• Integrity.

• Must be from Quraish.

Appointment:

• Current imam can name anyone to be imam after him.

Succession of imam:
• Son of imam cannot succeed him ever.

• To avoid monarchy.

Eligibility of imam:

 Must be a man and a Muslim.

 Must be mature and free.
 Must be judicious.
 Must have bravery and daringness.
 Physically fit.
 Must be able to do ijtihad.
 Must be from Quraish.
 Must abide by sharia of Prophet (SAW)
 Must have wise and strong opinions.
 Ability to solve complex matters.
 Must be steadfast.

Functions of Imam:

1. To defend the state internally and externally.

2. Protection against infidels.
3. Maintain justice.
4. Provision of peace and stability.
5. To declare jihad.
6. To impose sharia law.
7. Levy taxes and generate revenue.
8. Delegation of functions to wizirs.
9. “To give money to those from state treasury who are needy.”

Privileges of imam:

• Authority with imam.

• Called ‘Khalifa tul Allah’.

Dismissal of imam:

• Physical disability.

• Senses impaired.

• No interest in state affairs.

• Low morality.

• Too much lust.

• Deviation from Islamic belief.

Criticism:

• Islam supports consultation while Al Mawardi’s imam does not consult.

• Al Mawardi calls his imam as “khalifa tul Allah” while Abu Bakar when called by this name disliked
it and preferred to be called “khalifa tul Nabi”

Theory of ministry:

Three meanings of the word minister.

• Vazar – load or responsibility.

• Vizar – ultimate support.

• Izer – spine to give support.

Need of vizarat:

“I have my two vizirs from earth, Hazrat Abu Bakar (RA) and Hazrat Umer Farooq (RA) and two vizirs
from heaven, Hazrat Gibrael AS and Hazrat Mekail AS.”

Qualities of vizirs:

1. Perform duty honestly.

2. Must have self confidence.
3. Free from greed.
4. Influential and popular.
5. Pleasant relations with people.
6. Sensible and alert.
7. Experienced and hardworking.
8. Live arduous life.
9. Free and clever.
10. Contended and simple.
11. Dauntless in nature.
12. Confidante of the ruler.
13. Scholarly and intelligent.
14. Good moral character.

Types of ministries:

• Wizarat e Tafveez – ministry of delegation.

• Wizarat e Tanfeez – ministry of execution.

IBNE KHALDUN:

(1332 – 1406) Tunis.

Theory of Asabiyah/group mind.

Rise and fall of civilizations.

Political economy.

Political economy:

 Give due share to labourer.

 Ruler should not indulge in business of state.
 Circulation of resources between state and society.
 No land acquiring unjustly.
 Islamic tax.
 Equitable taxes.
 Metropolitan economy.

Asabiyah/group mind:

• Strength due to relationship.

• Need of group mind:

• Asabiyah is important to shed away cruelty.

• Security of mutual trust.

Types of group mind:

1. Common group mind – relation with tribe or nation.

2. Specific group mind – relation with kins / related by blood.

Categories of group mind:

• Racial group mind.

• Territorial group mind.

• Religious group mind.

Asabiyah / Rise and fall of civilaztions:

5 stages – 120/125 years.

 1st stage – group emerges.

 2nd stage – from leader to king.
 3rd stage – progressivism.
 4th stage – downfall.
  5th stage – end of civilization.

Reasons of this fall:

• Self interest.

• Dictatorship.

• Accumulation of wealth.

• Flattery.

AL FARABI (872 – 950):

Ideal state of Al Farabi:

 Philosopher prophet.
 Happy society – “to be happy is to be virtuous.”
 State should be “madina wal fadila.”
 No boundaries. Caliphate.
 One ruler in whole world.
 No competition.
 Rule of law.
 Equality.
 Public welfare.
 External and internal peace.
 Strong accountability.
 Socio economic welfare.
Virtuous state – it’s too ideal it cannot be achieved.

• Ignorant state – don’t know what happiness is. This state goes for basic necessities. Love for
liberty. Policy of imperialism.

• Pervert state – they know what happiness is and yet don’t strive for it. Same policies as ignorant
state.

• Mistaken states – where citizens have wrong idea about God.

Qualities of the Raees ul Awwal:

1. Qualities of head and heart.

2. Wise ruler.
3. Good orator.
4. Good physique.
5. Charismatic leader.
6. Sharp memory.
7. Psychologist.
 8. Valour and bravery.
9. Forbearance and tolerance.
10. Avoidance from discussion.
11. Popularity.
12. Love for knowledge.
13. Philosopher prophet.

Comparative Study of Political Systems:

POLITICAL SYSTEM OF USA:

First written constitution.

4 th july 1776.

In 1777 drafted first constitution called “Articles of confederation” approved in 1781.

The present constitution given in 1788.

7 articles 27 amendments.

Briefest constitution.

 Article 1: legislature – congress.

 Article 2: executive – president, vice president and the cabinet.
 Article 3: judiciary.
 Article 4: the states – relation among states and addition of new states in the union.
 Article 5: amendment process.
 Article 6: debts, supremacy, oath.
 Article 7: ratification process.

• 10 sections in Article 1.

• 4 sections in Article 2.

• 3 sections in Article 3.

• 4 sections in Article 4.

No sections in rest of the Articles.

Salient features of the constitution:

1. Written constitution.
2. Brief and simple.
 3. Sovereignty of the people.
4. Complex procedure of amendment – only 27 amendments till date. First 10
amendments constituting fundamental rights called “Bill of Rights” passed in 1791.
5. Secular constitution.
6. Supremacy of the constitution.
7. Federal structure.
8. Independence of judiciary – judicial review.
9. Bicameralism.
10. Separation of powers and checks and balance.

THE LEGISLATURE:

Called congress.

Bicameral legislature.

Upper house – Senate.

Lower house – House of Representatives.

Both houses meet atleast once a year.

President can call extra ordinary sessions of the congress.

The sessions of both houses began and end simultaneously.

The senate:

• Equal representation of all states.

• Total 100 seats.

Qualifications of members:

 Minimum age 30 years.

 Resident of America for atleast 9 years.
 Inhabitant of the state.
 No other office of profit.

Method of election:

• Directly elected by the voters.

• Duration of election is 6 years.

• 1/3rd of senators retire every two years.

• Senate is a continuous body.

Powers and functions of senate:

Legislative powers:

• Equal power of legislation with the HOR.

• Most bills originate in upper house.

• Can curtail or ask for amendment in fiscal proposals.

Administrative powers:

• Confirms presidential appointments of senior federal officers.

• Ratification of treaties by a 2/3rd majority.

• Maintains its own committees.

• Has the power to stop president from entering into any treaty or organization. E.g. League of
Nations.

Judicial powers:

• Impeachment proceeding of president happens in senate.

• Hears the case against president.

• Can call for evidence and any public record.

• Elects the vice president if no candidate secures a majority vote.

Miscellaneous powers:

• Impeaches federal officers jointly with HOR.

• Can initiate amendment jointly in the constitution by a 2/3rd majority.

• Both houses jointly decide to admit new states in the union.

Supremacy of the Senate:

 Representative nature.
 Seasoned politicians.
 Limited membership.
 Long tenure.
 Can be re elected.
 Superior membership.
 Special powers.
 Special privileges of senators i.e. Filibustering.
 Continuous house.

House of Representatives:
• Popular basis of representation.

• Total population is 435.

Method of election:

• Formation of electoral districts.

• Legislature of every state decides about the date, time and place of election.

Qualifications of membership:

 Atleast 25 years of age.

 Citizen and resident of America for atleast 7 years.
 Cannot hold any other office of profit.
 Must be inhabitant of the state.
 Must be inhabitant of district he contests election from. (convention)

Duration:

• 2 years.

• Different office bearers like speaker of the house selected and appointed in the first session of the
house.

• Most senior member of the house takes oath infront of speaker.

• Constitution of committees in very first session.

Powers of the house:

1. Shares powers with senate.

2. Can initiate a bill.
3. Money bills originated only in the house.
4. Can initiate impeachment against the president.
5. Investigation in impeachment of president carried by the house.
6. If no candidate gets majority during elections than house elects the president from
among top 3 candidates.
7. If election of any member of house is contested then house itself makes the final
decision.
8. House makes its own rules of procedure.

THE EXECUTIVE:

• President.

• The cabinet.

• Vice president.
Qualifications of the president:

 Natural born American citizen.

 Not less than 35 years.
 Resident for atleast last 14 years.

Tenure:

• 4 years.

• Can be re elected once.

• Third term was disallowed in 1951.

The vice president:

• Vice president performs the functions of president if he is not available.

• After death of president, vice president assumes the office.

• Working for more than 2 years on the seat of president is considered a full term of presidency.

• President and vice president cannot be from the same state as per a convention.

• If vice president cannot hold his office then president appoints a vice president with approval from
congress.

• Vice president is also president of senate. But due to his busy schedule, president protemporo is
appointed.

Election of American president:

• Nomination of presidential candidate.

• Election of the members of electoral college.

• Casting of votes by electoral college.

• Appointment of president.

Electoral college comprises of 538 members.

435 members of HOR+100 members of senate+3 electors of Washington=538.

President takes oath of office on 20th January infront of chief justice.

Impeachment of the president:

• Can be impeached on ground of gross misconduct.

• Move initiated by HOR.

• Prosecuted in senate.

• 2/3rd majority required to impeach the president.

Powers of president:

Executive powers:

• Formation of policies.

• Enforcement of law.

• Presidential appointments.

Diplomatic powers:

• He is regarded as chief spokesman of USA.

• Formulates foreign policy.

• Appointments of ambassadors.

• Receives ambassadors of other countries – persona non grata.

• Can reach bilateral and multilateral agreements.

Role in defence:

• Responsible for the defence of the country.

• Supreme commander of armed forces.

• Appoints high military officials.

• Makes rules and regulations to enact laws of congress related to defence.

• Can deploy army forces anywhere.

Legislative powers:

• Can call extraordinary sessions of congress.

• Can send messages to congress.

• Presidential veto.

• Pocket veto.

• Executive decrees.

Financial powers:
• Budget prepared under his supervision.

• Can ask for dollars for any specific task.

Judicial powers:

• Appoints federal judges.

• Can grant pardon, reprieve and clemency.

The presidential cabinet:

• Members of cabinet can’t be members of the congress.

• If any such person is included, he has to resign.

• President can remove any cabinet member at his discretion.

• If president ceases to be, whole cabinet has to quit.

• Cabinet is there to give advice, final decision is with president.

• President not bound to seek advice from cabinet on every matter.

• Records of cabinet meetings are not preserved.

THE JUDICIARY:

• State courts on state level.

• Federal courts on federal level.

The Supreme Court:

1. Interprets the constitution.

2. Checks validity of laws of congress.
3. Checks executive decrees and administrative policies.
4. Can declare laws null and void if against fundamental rights of constitution.

Organisation:

• 9 judges.

• Appointed by president.

• Appointed for life.

• May or may not retire.

• Can be impeached by the congress.

• Decisions taken by majority vote of 5 to 4.

Doctrine of judicial review:

• Marbury Vs. Madison 1803.

• Outgoing president John Adams made some midnight appointments.

• Secretary of state John Marshall had not delivered their commissions.

• The commissions were found by new president Jefferson after his inauguration and he asked his
secretary of state James Madison to not deliver the commissions.

• Murbury along with other colleagues of his were deprived of their positions.

• Murbury petitioned the supreme court for a writ of mandamus to Madison.

• Question had arisen if Supreme court had original jurisdiction.

• Power to issue writ of mandamus was given to supreme court by congress in section 13 of the
Judiciary Act of 1789.

• Judge Marshall while hearing the case said that the congress has violated article 3 of section 13
when it gave writ jurisdiction to the supreme court under its original jurisdiction.

• He declared section 13 as unconstitutional and declared it null and void.

• The principle of judicial review was established.

AMENDMENT IN THE CONSTITUTION:

• Amendment can be initiated by two methods:

Method 1:

 Initiated by the congress with 2/3rd majority.

 It is then passed to the state legislatures.
 Must be passed by 37 states by 2/3rd majority.

Method 2:

 Amendment initiated from the states.

 The states request the congress to convene a convention.
 Should be proposed by 33 states.
 The amendment proposed through convention has to be ratified by the convention.
 If 3/4th of the states pass it then constitution is amended.
 No need of approval from congress.
Period of ratification is 7 years. Proposal collapses if not passed within this period.
SEPARATION OF POWERS AND CHECKS AND BALANCES: • Concept of separation of powers
introduced by Montesquieu. • All three branches keep checks on each other (explained during
lecture through flow chart)

POLITICAL SYSTEM OF UK:

Partly written. Mostly unwritten.

World’s oldest democracy.

Evolutionary growth over time.

Constitutional monarchy.

Division of the constitution:

 Constitutional law.
 Conventions of the constitution.

Sources of the constitution:

• Historic documents - Magna carta1215, Bill of Rights 1689.

• Acts of parliament – Habeas Corpus Act 1679, Act of settlement 1701.

• Common law – rules of natural law.

• Commentaries of jurists – A.V Dicey, Begehot.

• Conventions of the constitution.

CONVENTIONS OF BRITISH CONSTITUTION:

1. Queen does not veto bills.

2. Queen appoints peers to house of lords.
3. Queen does not attend sessions of parliament.
4. Prime minister and finance minister both are taken from house of commons.
5. Queen invites leader of majority party to form the government.
6. Queen does not turn down advice of pm.
7. Cabinet remains in power as long as it has majority in house of commons.
8. Collective accountability.
9. Parliament atleast meet once a year.
10. Every bill is given three readings before making it a law.
11. Speaker observes complete neutrality.
12. Speaker casts his vote only to break tie.
13. All money bills originate in house of commons.
14. Rule of law/ absence of administrative law.
15. Pm keeps the queen informed.
 16. Pm prepares agenda of house in collaboration with leader of opposition.

Why conventions obeyed???

• Conventions as backbone of british political structure.

• Deviation from conventions may create problems in government functioning.

• British society is conservative in nature.

• Conventions are honoured and obeyed as these are sacred codes of constitutional morality –
Lowell.

• Violation of certain conventions may result in breach of law.

• Conventions are to law what flesh is to living organism – Dr. Jennings.

SALIENT FEATURES OF BRITISH CONSTITUTION:

 Evolutionary growth.
 Unwritten.
 Flexible in nature. Constitution can be altered with simple majority.
 Limited separation of powers.
 Parliamentary form of government.
 Unitary system.
 Bicameral legislature.
 Supremacy of parliament.
 Constitutional monarchy.
 Two party system.
 Rule of law.
 Fundamental rights.
 Democratic values.

Rule of law:

Three aspects of rule of law as per Dicey:

1. No one can be detained unlawfully.

2. All citizens are equal in the eyes of law.
3. Law has to be adjusted around the fundamental rights of people.

MONARCHY:

• “The king is dead. Long live the king” – permanency of the crown.

• Law of primogeniture.

Privileges:

 Monarch exempted from all type of judicial proceedings.

  Queen cannot be summoned in the court of law.
 Queen cannot be arrested.
 Queen has rights to property like all common people.
 Palace expenditure comes from budget and is not put to vote.

Powers of the queen:

Prerogatives:

1. Summoning session of parliament.

2. Prorogation of parliament.
3. Dissolution of parliament.
4. Appointment of judges and ministers.
5. Declaration of war and making of peace.
6. Grant of pardon, reprieve and clemency.

Executive powers:

• Appointment of pm.

• Allowing pm to form government.

• All executive orders implemented in name of queen.

Diplomatic powers:

• Representative of country.

• Decide questions of war and peace.

• Negotiate treaties.

• Appoints diplomatic staff.

• Receives ambassadors.

• Queen is the head of all commonwealth nations.

Powers related to defence:

• Queen is the commander of armed forces.

• Declares war and peace.

Legislative powers:

• Signs all bills into laws.

• Has the power to veto law but does not use it due to convention.

• Summon, prorogue and dissolution of parliament.

• Queen gives a speech in first session of the parliament.

Judicial powers:

• No court has jurisdiction over the queen.

• She is an exception to the rule of law.

• Can grant pardon, reprieve and clemency.

• All courts exercise their powers in the name of monarch.

• Criminal proceedings are done in queen’s name.

Religious powers:

• Head of the church.

• Appoints bishops to the church.

• Administration and supervision of church with queen.

Reasons for survival of monarchy:

 Heritage of the past.

 Emotional attachment of the people.
 Every parliamentary system needs a titular head.
 Constitutional monarchy.
 Symbol of unity.
 National leader.

THE LEGISLATURE:

Called mother parliament.

Two houses.

1. Upper house – house of lords.

2. Lower house – house of commons.

House of commons:

• 650 members.

• Directly elected on the basis of adult franchise.

• Seats are divided on the basis of regional divisions and districts.

• A voter has to be resident for 3 months in a particular district to vote.

Qualifications of the candidate:

Candidate cannot be

1. An alien.
2. Under 21 years of age.
3. Bankrupt.
4. Peer.
5. Habitual criminal.
6. Mentally unsound.
7. Priest of established church.
8. Judge of supreme court.
9. All servants of the crown.
10. Guilty of malpractice during election.
Anyone other than these is eligible for the election to house of commons.

Duration:

• Elected for 5 years.

• Sessions for not more than 200 days in a year.

Quorum:

• Atleast 40 members.

• Working through formation of committees.

Powers and functions of HOC:

Legislative powers:

• Enact laws.

• Sole authority on law making.

• Supremacy of the parliament.

• Courts cannot challenge the laws.

Control over executive:

• Questions.

• Criticism.

• Vote of censure against any policy of any minister.

• Vote of no confidence.

• Convey the demands of the public to the executive.

Control over finance:

• All money bills originate in house of commons.

• Members can criticize government appropriations of finances.

• Without authorisation from house, no money can be spent from national expenditure.

Role of opposition:

• “Her majesty’s opposition”.

• Shadow cabinet.

• Strong criticism.

• Check on government.

• Positive role.

• Chairman of public accounts committee is from opposition.

• Government and opposition collaborate for the agenda of the house.

House of Lords:

Composition:

 Members of royal family.

 Hereditary peers (now abolished).
 Life members.
 Scottish members.
 Law lords.
 Spiritual lords.
 Grant of membership.
Sessions of HOC and HOL convened and prorogued simultaneously.

Law making in the legislature:

Types of bills:

• Public bill – a bill that relates to public concern.

• Private bill – deal with a specific matter.

• Government bills – bills initiated by the government.

• Private member bill – by private members in their personal capacity.

Procedure for public bill:

  Drafting of bill.
 Introduction of bill.
 First reading.
 Second reading.
 Committee stage.
 Report stage.
 Third reading.
 Approval by second chamber.
 Royal approval.

Speaker of the house:

• Can be elected for as many terms as he wants to serve.

• Seat of speaker is not contested in elections in speaker’s constituency.

• Always remains neutral.

• Casts vote to break tie.

• Must be member of parliament.

Powers and functions:

• Maintain discipline.

• Everyone addresses the speaker.

• Sargent at arms is at disposal of speaker.

• Speaker can ask any member to leave the house.

• Can postpone the session.

• Interprets the rules and conventions.

• His ruling is considered final.

• He announces the result of voting.

• Official spokesman of the house.

• Speaker allows the members to speak in house.

• He can stop any member from speaking.

• Admits or rejects motions of members.

• Speaker declare any bill as money bill.

THE EXECUTIVE:

• The prime minister and his cabinet are the executive.

Features:

• Membership of parliament.

• Like minded people are elevated to cabinet.

• Collective responsibility.

• Close coordination with parliament.

Responsibility of cabinet:

• All ministers are accountable to queen.

• Every order must be signed by concerned minister.

• Ministers are accountable in court of law for their policies.

• Cabinet is accountable to parliament.

• Collective responsibility.

• Secrecy in meetings.

• Inner cabinet.

Powers and functions of cabinet:

Executive powers:

• Whole executive authority with cabinet.

• Administration.

Role in foreign affairs:

• Appoints ambassadors.

• Negotiates treaties.

• Decides war and peace.

Role in defence:

• Appointments of officials of armed forces.

• All prerogatives of crown are exercised by cabinet.

Legislative powers:
• Limited separation of powers.

• Government bills.

• Advice to the queen.

Control over finance:

• Cabinet prepares annual budget.

Judicial powers:

• Makes policies about judicial establishments.

• Appoints judges.

The prime minister:

• Chief of cabinet.

• Head of the government.

• Leader of the house.

• Link between queen and cabinet.

• Conducts foreign affairs on behalf of queen.

THE JUDICIARY:

• Series of courts.

• Rule of law.

• No power of judicial review due to doctrine of supremacy of parliament.

• Equity and justice.

Organisation of judiciary:

 Civil courts.
 Criminal courts.

Civil courts:

• County courts.

• High court of justice.

• Court of Appeals.
Criminal courts:

• Justice of peace and magistrates.

• Juvenile courts.

• Court of criminal appeal.

• House of lords.

• Special courts.

Lord Chancellor:

• Responsible for efficient working of the courts.

• Maintaining discipline and coordination among courts.

• Custodian of great seal of realm.

• Current lord chancellor is Robert Buckland.

POLITICAL SYSTEM OF FRANCE:

• France is a republic.

• The current constitution - Fifth Republic.

• The constitution of October 4, 1958 provides the institutional basis for the Fifth Republic (France’s
current political system).

• The Constitution has been amended 17 times.

• Semi presidential system.

• The French constitution is parliamentary, but it also gives relatively extensive powers to the
executive (President and Ministers) compared to other western democracies.

THE EXECUTIVE:

• Executive means president and ministers.

• The head of state and head of the executive is the President.

• Elected by universal suffrage.

• President of France is comparatively a strong and powerful post.

• Since May 2017, France's president is Emmanuel Macron.

• He was elected to the post at age 39, the youngest French leader since Napoleon.

Tenure of president:

• Originally 7-year term renewable any number of times.

• Since 2002 the President has been elected for a 5-year term.

• Universal suffrage.

• Constitutional reform in 2008 – only two terms allowed now.

Powers of president:

• The President is supreme commander of the military.

• He controls the foreign policy.

• Determines policy with the aid of his Council of Ministers.

• Residence in the Elysée Palace in Paris

• President appoints a prime minister with approval of parliament (currently - 2019 - Edouard
Philippe).

• The President approves the appointment of government ministers.

Election of the president:

• Presidential election every five years.

• Direct election.

• Two rounds unless one candidate wins an outright majority in round one.

• Candidates for the presidency must obtain 500 sponsoring signatures of elected officials from at
least 30 departments or overseas territories.

• The two candidates with the highest number of votes in round one go head to head in the run-off,
which takes place two weeks later.

• In both rounds, polling booths are open around the country from 8am until 6pm, and up to 8pm in
big cities.

• Most French overseas departments and territories get to vote a day early, along with expatriates
living in the Americas.

• After round one, candidates generally hold a couple of major final rallies.

• The winner takes up office in a usually lavish inauguration ceremony held at the Elysée Palace ten
days after the second round of elections.

• The outgoing president generally leaves in a French-made car.

The Prime minister:

• Appointed by president.

• Forms a government.

• Ensures implementation of law.

• Exercises regulatory powers.

• Sets out essential political guidelines.

• Prevents ministers from taking contradictory actions.

• Civil service is also at his disposal.

• He can suggest dismissal of ministers to president in case of serious misconduct.

• Residence in Matignon House in Paris.

• In theory ministers are chosen by the PM.

• In practice if the President and the PM are from different sides of the political spectrum, the
system is known as cohabitation.

• Otherwise the PM and president work together to form a government.

The cabinet (council des minstres):

• Ministers appointed by the president on advice of Pm.

• Mostly the cabinet consists of 15 to 16 ministers.

• The cabinet is lead by the pm but chaired by president.

• The cabinet meets on a weekly basis.

• Presided over by the president.

• The members are called ministers.

• The junior ministers are called secretary of states.

• Ministers determine policy.

• Ministers put new legislation before Parliament in the form of bills.

• They apply policy through decrees.

THE LEGISLATURE:

Two houses or chambers:

 The lower and principal house of parliament is national assembly (assamblee

nationale).
  The second chamber is Senate (senat).

• Members of Parliament are called Députés.

• Currently 577 deputes.

• They are elected by universal suffrage.

• General elections take place every five years.

National assembly (the assemblee nationale):

Parliamentary elections involve two rounds:

• A candidate can be elected on the first round by obtaining an absolute majority of votes cast.

• If no one obtains absolute majority then second round pits any candidate whose score amounts to
at least 12.5 per cent of registered voters. The Socialists currently have a majority in the National
Assembly.

Senate (senat):

• Senators are elected by "grand electors", who are mostly other local elected representatives like
mayors etc.

• They are elected for six years.

• Half of seats come up for election every three years.

• There are currently 348 senators.

The Right-wing currently has a majority. In 2018, Emmanuel Macron's movement La République en
marche (LREM) had a commanding overall majority in the National Assembly; however no individual
party had a majority in the Senate, though parties of the right and centre-right have a majority
between them.

THE JUDICIARY:

• The Minister of Justice has powers over the running of the justice system and public prosecutors.

• The judiciary is strongly independent of the executive and legislative branches.

• The official handbook of French civil law is the Code Civil.

• Administrative law – droit administratiff.

PROMULGATION OF LAW:

Bills can be proposed by:

  Government.
 Private members.
• Bill is approved by both chambers, before becoming law.

• However, by virtue of Article 49.3 of the French constitution, a government can override
parliamentary opposition and pass a law without a parliamentary vote.

• Laws and decrees are promulgated when the official text is published in the Official Journal of the
French Republic.

THE CONSTITUTIONAL COUNCIL:

• The Constitutional Council exists to determine the constitutionality of new legislation or decrees.

• It has powers to strike down a bill before it passes into law, if it is deemed unconstitutional.

• It can also demand the withdrawal of decrees even after promulgation.

• The Council is made up of nine members:

• appointed (three each) by the President of the Republic, the leader of the National Assembly, and
the leader of the Senate.

COUNCIL OF THE STATE (CONSEIL D’ÉTAT):

• The Conseil d’État advises the Government on the preparation of bills, ordinances and certain
decrees.

• It also answers the government’s queries on legal affairs.

• It conducts studies upon the request of the government or on its own initiative regarding
administrative or public policy issues.

• The Conseil d’État is the highest administrative jurisdiction — it is the final arbiter of cases relating
to executive power, local authorities, independent public authorities, public administration agencies
or any other agency invested with public authority.

• In discharging the dual functions of judging as well as advising the Government, the Conseil d’État
ensures that the French administration operates in compliance with the law. It is therefore one of
the principal guarantees of the equality of all citizens under the law in the country.

• The Conseil d’État is also responsible for the day-to-day management of the administrative
tribunals and courts of appeal.

POLITICAL SYSTEM OF GERMANY:

• Federal Republic of Germany.

• Structured as a federal state.

• Parliamentary democracy

• The Basic Law stipulates that all government powers emanate from the people.

• People assigns these powers to the parliaments.

• Bundestag – the parliament of Germany.

• Bundesrat – State parliaments (office held on annual basis by premier of federal states).

• In terms of protocol, the Federal President is Germany’s most senior representative.

• The President of the Bundestag is the second most senior.

• The proxy for the Federal President is the President of the Bundesrat.

• The office with the greatest political power is that of the Federal Chancellor.

• The President of the Federal Constitutional Court is likewise one of the country’s high
representatives.

• Germany is a constitutional democracy.

• The framework of constitutional rules determine where power lies, and how people are elected.

• The constitution was passed in 1949 and is known as the Grundgesetz für die Bundesrepublik
Deutschland (or Basic Law).

• It has regularly been reshaped to suit changing situations and is regarded as one of the most
flexible of its kind in the world.

THE PRESIDENT:

• Head of the state is German president.

• He is the ceremonial head.

• German president is the figurehead of democracy.

• Guardian of the constitution.

• Has very few powers.

• Presidents are not elected.

• They are chosen by a committee of Bundestag members.

• Presidents must be aged over 40.

• Serves a maximum of five-year term.

• Can be re appointed once.

THE LEGISLATURE:

 Bundesrat.
  Bundestag.

Bundestag:

• Bundestag is fully elected.

• 598 members.

• Tenure of 4 years.

• Much more powerful than Bundesrat.

• Members of the Bundestag form German governments.

• They propose legislations.

• Schedule budgets.

• Vote on foreign policy issues such as declarations of war.

Bundesrat:

• Second chamber.

• 69 members.

• Recommended by provincial governments.

• No election for this post.

• Keep check on executive.

• Ratification of laws that come from Bundestag.

• They agree on all legislations passed by Bundestag.

• If federal laws infringe on regional powers, the Bundesrat is tasked with registering dissent and
blocking those laws.

• The chamber can also veto changes to the German constitution - a hugely important check on the
Bundestag's power.

THE EXECUTIVE:

• The federal chancellor.

• The cabinet (Bundeskabinett or Bundesregierung).

• Head of the government is the Chancellor.

• Federal Chancellor is the real repository of power.

The Chancellor:
• Bundestag elects the Chancellor, meaning that candidates must command a majority of
representatives.

• If the current Chancellor retains their majority, they are free to form another government. If not,
anyone with enough votes to pass legislation can be named Chancellor with the President's
approval.

• Votes for Chancellor are always secret, and there is no direct component (unlike in countries like
the USA).

The German Cabinet (Bundeskabinett or Bundesregierung):

• It is the chief executive body of the Federal Republic of Germany.

• It consists of the chancellor and the cabinet ministers.

• The fundamentals of the cabinet's organization are set down in articles 62–69 of the Basic Law.

• The current cabinet is Merkel IV (since 2018).

THE BUNDESLANDER (REGIONAL STATES):

• The Federal Constitution protects regional identities and powers.

• Experience of 20th century.

• The Bundesländer (German States) plays a key role in this system.

• There are 16 of these regional states, varying in size from Bavaria, with 12 million people, to
Bremen, with just 670,000 residents.

• Each region has the same structure as federal level.

• Below that, the political landscape is divided into various sub-regions, including governmental
districts, districts, and municipalities.

GERMAN POLITICAL PARTIES:

These are the major political players right now:

Christian Democrats:

• Most electorally successful party.

• Founded in 1945 by a coalition of anti-Nazi groups and conservatives.

• The party brings together Protestants and Catholics.

• Generally follows pro-market, socially conservative policies.

• Famous figures include Angela Merkel.

Social Democrats (SPD):

• SPD is Germany's oldest party.

• Thought of as its second largest.

• Founded in 1863.

• The party was once Marxist-influenced but has become more moderate in the past 50 years.

• Nowadays, it tends to propose social protections for workers, greater environmental regulation,
and socially liberal policies.

Greens:

• Germany has one of the most successful Green parties in the world.

• Greens like Joschka Fischer have served as Foreign Minister, pushing Germany towards support for
peace and pro-renewable policies.

Free Democrats (FDP):

• Socially very liberal.

• Headed by Christian Lindner.

• Founded in 1948.

• It regularly wins 7-8% in elections.

Die Linke:

• Created in 2007.

• Die Linke is a left-wing party that draws inspiration from anti-capitalist thinkers.

• It holds over 60 Bundestag seats.

Alternative for Germany (AFD):

• Highly controversial, AFD is a right-wing nationalist party.

• Seeks to reduce immigration.

• Occupies anti-Islam positions.

• It has few allies in other parties, which tend to work to reduce its growth and influence.

THE JUDICIARY:
• Independent judiciary.

• Germany’s highest source of law is the Basic Law.

The German court system has two levels:

The federal constitutional court.

The state courts.

• The Federal Constitutional Court is the highest court dealing with constitutional matters.

• At the federal level, there are also:

• (a) ordinary courts dealing with criminal and civil cases.

• (b) specialized courts dealing with taxation matters, labour disputes and social security cases.

• At the state level, a number of courts operate with respect to their jurisdiction.

POLITICAL SYSTEM OF IRAN:

• The Islamic Republic of Iran.

• Constitutional, theocratic republic.

• Theocracy and presidential democracy go hand in hand.

• Popular sovereignty.

• Rule of the supreme leader.

• Shia islam is the state religion.

• The current Iranian constitution was adopted on December 3, 1979, and was ratified on July 28,
1982.

• Iranian constitution outlines and defines the political, economic, and social structure of the
country.

• The supreme leader of the Islamic Republic is the ruler and the Commander-in-Chief of the
country.

THE SUPREME LEADER:

• Supreme Leader has a very special status and is the highest authority in the country.

• The Leader, however, is equal to the rest of the people before the law.
• This is clearly stated in Article 107 of the Constitution.

• Accordingly, all civil, criminal, economic, taxation, military and other laws are as applicable to the
Leader and the members of his family as they are for other people.

Qualifications:

As per Article 109:

 Scholastic qualifications.
 Show justice and piety.
 Proper social and political insight.
 Resourcefulness.
 Courage.
 Management ability.
 Adequate capability to lead the nation.

Powers of Supreme leader:

As per Article 110 of the Constitution:

• Determines general policies of the country.

• Supervises the good performance of those policies.

• Issue decrees for national referendums.

• Pardon condemned persons or commute their sentence.

• Commander-in-chief of the armed forces.

• Controls Iran’s intelligence and security operations.

• Has the authority to declare war.

• Appoints and dismisses the leaders of the judiciary, the state radio and television networks, and
the supreme commander of the Islamic Revolutionary Guard Corps.

• Appoints six members of the Council of Guardians.

So far, Iran has had two Supreme Leaders: the Ayatollah Khomeini (1979-1989) and the Ayatollah Ali
Khamenei (1989-present). The power of the Supreme Leader is not entirely unchecked. The
constitution has mandated an 86-member elected Assembly of Experts with the power to appoint
and dismiss the Supreme Leader, Khamenei’s authority goes almost unchallenged.

THE PRESIDENT:

As per Article 113 of the Iranian constitution:

• Second highest official in the country, after the Supreme Leader.

• Head of the executive.

• The President has the responsibility for implementing the constitution.

• He is an elected president.

While the president has a high public profile, however, his power is in many ways trimmed back by
the constitution, which subordinates the entire executive branch to the Supreme Leader. In fact, Iran
is the only state in which the executive branch does not control the armed forces.

Qualifications:

As per Article 115 of the Constitution:

• The President shall be elected from among distinguished religious and political personalities of
Iranian origin and nationality.

• Efficient and prudent with a good reputation and honesty.

• Be pious, faithful to the foundations of the Islamic Republic of Iran and the official religion of the
country.

• To prevent misuse of public assets, Article 142 of the Constitution stipulates that the assets of the
President and his family shall be examined immediately before and after their tenure to ensure that
they have not increased unreasonably.

Term:

• Elected directly by the people of Iran.

• Four-year term.

• He can serve no more than two consecutive terms but can be elected again after a break.

• Powers

• The president, as chief executive, is responsible for the day-to-day running of the country.

He does not, however, determine the general guidelines of Iranian domestic and foreign policy, nor
does he command the armed forces and security organs.

• He is responsible primarily for setting the country’s economic and social policies.

• Represents Iran internationally.

• Signs treaties with other nations and budget.

• Administers national planning.

• Oversees state employment affairs.

• Appoints Cabinet Ministers with Parliament’s approval.

THE GUARDIAN COUNCIL:

• One of the most powerful forces in Iran’s government is the Guardian Council.

• Consists of twelve theologians.

• Six of them are appointed by the Supreme Leader.

• Other six jurists are nominated by the judiciary and approved by parliament.

• Its members are elected for six years.

• Half the membership changes every three years due to rotation.

Powers:

• The body oversees the activities of Parliament.

• Determines which candidates are qualified to run for public office.

• Overturns legislation if it is against the constitution.

• The council has effective veto power over Parliament.

• If it deems that a law passed by Parliament is incompatible with the constitution or sharia, it is
referred back to Parliament for revision.

THE ASSEMBLY OF EXPERTS:

• Assembly of Experts is directly elected by the people of Iran.

• 86 members.

• All clerics.

• Elected for eight-year terms.

• Candidates for the assembly are evaluated by the Guardian Council before their election.

• According to the Iranian constitution, the responsibilities of the Assembly of Experts are to appoint
the Supreme Leader, monitor his performance and remove him if he is deemed incapable of fulfilling
his duties or in case anything happens to him that prevents him from leading the nation.

THE PARLIAMENT (MAJLES):

• Also called the Islamic Consultative Assembly (Majles).

• Unicameral legislative body.

• 290 members.

• Publicly elected every four years.

• The Majles holds substantially less authority compared to non-elected bodies such as the Guardian
Council or the Supreme Leader’s office.

Powers:

• It has powers over the government budget.

• Confirms cabinet ministers.

• Questions government officials over their performance.

• It drafts legislations.

• Ratifies international treaties.

The Parliament is held in check by the Guardian Council, whose members examine all laws passed by
Parliament to determine their compatibility with Islamic law.

EXPEDIENCY COUNCIL:

• The Council is an advisory body for the Leader with an ultimate adjudicating power in disputes
over legislation between the parliament and the Guardian Council.

• The Supreme Leader appoints its members, who are prominent religious, social and political
figures.

SUPREME NATIONAL SECURITY COUNCIL:

• Article 176 of Iran’s Constitution sets up the Supreme National Security Council.

• “Preserving the Islamic Revolution, territorial integrity, and national sovereignty.”

Its members include:

1. The president (head).

2. Speaker of Parliament.
3. The head of the judiciary.
4. The chief of the combined general staff of the armed forces.
5. The ministers of foreign affairs.
6. The interior, and intelligence.
7. The commanders of the Islamic Revolutionary Guard Corps and the regular military.

POLITICAL SYSTEM OF CHINA:

• People’s republic of china.

• Came into being on 1949.

• Socialistic system.

• “who shall not work shall not be paid” – socialist dictum in china.

• Democratic centralism.

• Unitary system.

• One party system.

Five foreign policy objective:

1. Respect and preservation of territorial integrity of all nations.

2. Avoidance of aggression.
3. Non interference in internal affairs of other countries.
4. Promotion of international cooperation.
5. Peaceful co existence.

NATIONAL PEOPLE’S CONGRESS:

• World’s biggest legislature.

• 2980 members.

• Indirect election method.

• 5 year term.

• They meet once a year.

• Session can be conducted any time if 1/3 of the NPC members propose it.

Composition of NPC:

• Deputies are elected from 35 electoral units.

• These units include people’s congresses of provinces.

• Autonomous regions.

• Municipalities directly under the central government.

• The servicemen of the People’s Liberation Army.

• The deputy election council of the Hong Kong Special Administrative Region.

• The deputy election council of the Macao Special Administrative Region.

• The Taiwan compatriots’ consultation election council.

Powers and functions:

• To amend the constitution and supervise its implementation.

• Enact and amend basic laws of the country.

• Elect, appoint, and remove members from state organs.

• To determine major state issues like construction of big projects etc.

Law making in NPC:

• Central planning.

• Submission of bill to NPC or standing committees.

• First deliberation.

• Second deliberation.

• Third deliberation.

• Voting on bill in NPC.

• Signature of president.

THE EXECUTIVE:

• President.

• Vice president.

• State council (cabinet).

The president:

• Initially elected for a term of 5 years but now no term limit.

• Elected by national people’s congress.

• President is the head of the state as well as head of the government.

Powers of the president:

• Appoint the PM.

• Appoints council of ministers.

• Can remove ministers anytime he wants.

• Heads the government.

• Signs all the laws.

• War and peace made by the president.

POLITICAL SYSTEM OF MALAYSIA:

• Federation of Malaysia.

• Federation of 13 states.

• Operates through Federal constitution of Malaysia.

• Federated constitutional monarchy.

• Parliamentary democracy.

• Separation of powers.

• Parliament is the highest legislative body.

• Consists of His Majesty The King as the Head of State, The Senate (Dewan Negara) and The House
of Representatives (Dewan Rakyat).

THE EXECUTIVE:

• The king appoints a prime minister.

• The cabinet is appointed on the advice of the prime minister.

King:

• The yang di-pertuan agong (king or supreme sovereign) is head of the state.

• Elected through Conference of Rulers.

• Conference of Rulers consist of nine hereditary rulers of Malaysia’s states.

• Elective monarchy.

• The post is rotated every five years.

• As per Article 41 of the constitution, the king is the commander in chief of the armed forces.

• The king can dissolve parliament anytime on the advice of the PM.

Powers of the King:

• King has the power to safeguard the customs and traditions of the Malay people.

• The administration of the Islamic religion in each state.

• Head of the Islamic religion for the states of Penang, Sabah, Sarawak and the Federal Territories.

• Commander in chief of the armed forces.

The Prime minister:

• The Prime Minister is the head of government (executive).

• The real authorities lie with the prime minister.

• Indirectly elected from the lower house.

• The Prime Minister is appointed by the king.

• The basis of the appointment is His Majesty's judgment. Whoever he thinks is likely to command
the confidence of the majority of the members of House of Representatives.

• The Prime Minister heads the Cabinet.

• Cabinet is appointed by the king on the advice of the prime minister.

• Principle of collectively responsibility.

• The Prime Minister's Department (sometimes referred to as the Prime Minister's Office) is the
body and ministry in which the Prime Minister exercises their functions and powers.

LEGISLATURE:

• Federal structure.

• Bicameral federal parliament.

The Senate (Dewan Negara):

• The upper house.

• 70 members — 26 elected from the 13 state legislatures and 44 appointed by the king.

• 3 year term. Re electable once.

The House of Representatives (Dewan Rakyat):

• The lower house.

• 222 directly elected members.

• 5 year term.

• Each member represents a Parliamentary Constituency.

• A General Election is held every five years to elect members of the House of Representatives.

• Parties with the most elected members can form a federal government to rule the country.

Qualifications of a member:

 He must be a Malaysian citizen.

  Must not be less than 18 years.
 Must be of sound mind.
 Must not be bankrupt.
 Not be a member of both houses at the same time.

Powers of the Parliament:

• Legislative authority.

• Enacts laws to be enforced nationwide.

• Parliament makes amendments to existing Federal laws.

• Examines the government’s policies.

• Approves the government’s expenditures and approves new taxes.

• Forum to discuss matters of public interest.

• To enable Parliament to undertake its responsibilities fully and effectively, the Constitution confers
certain rights and legal immunities under “Parliamentary Privileges” to Members of Parliament.

• Each House is empowered to regulate its own procedure.

• Each has exclusive control over its own proceedings.

• Validity of the proceedings may not be questioned in any court.

• Each House can penalize its members for breaches of the privilege or contempt of that House.

• In general, Members of Parliament individually enjoy immunity from civil and criminal proceedings
in respect of things said or done by them in Parliamentary proceedings

State governments:

• There are state governments in each of Malaysia’s 13 states.

• In nine of the states the heads of state are hereditary rulers.

• Each state has its own constitution, a council of state or cabinet with executive authority, and a
legislature that deals with matters not reserved to the federal parliament.

• Each state has a unicameral state legislative chamber.

• The members are elected from single-member constituencies.

• State governments are led by Chief Ministers.

• In each of the states with a hereditary ruler, the chief minister is required to be a Malay, appointed
by the Sultan upon the recommendation of the Prime Minister.

• Meanwhile, for the states without hereditary rulers, chief minister is required to be a Dayak,
appointed by the Governors.
THE JUDICIARY:

• The highest court in the judicial system is the Federal Court.

• Followed by the Court of Appeal, and two High Courts, one for Peninsular Malaysia, and one for
East Malaysia.

• The subordinate courts in each of these jurisdictions include Sessions Courts, Magistrates' Courts,
and Courts for Children.

• Malaysia also has a Special Court to hear cases brought by or against all Royalty.

POLITICAL SYSTEM OF TURKEY:

• Democratic parliamentary republic system.

• Current constitution approved by national referendum in 1982.

• NATO member.

• Rule of law.

• Secular constitution.

• Multiple political parties.

• Turkish is the official language.

• The political capital of the country is Ankara, while many consider Istanbul as the economic capital
of the country.

THE EXECUTIVE:

• The President is the head of state.

(after the constitutional amendment in 2014):

• Elected directly by the people.

• 5 year term.

• Re elected once.

(before the amendment)

• The election of the president would be based on the voices of Parliament.

• For a one period of seven years.

• Executive power was originally divided between the prime minister as head of government and the
president as head of state.

• However, in a constitutional referendum in 2017 a majority of voters favoured abolishing the office
of prime minister and expanding the role of president, changes that were to take effect after the
2018 elections.

(Originally, the president was able to call or dissolve parliament, return legislation to the parliament
for reconsideration, refer laws to the constitutional court, declare a state of emergency for up to
three months, and submit proposed constitutional changes to a popular referendum).

Powers of the President:

• President appoints the cabinet.

• Form and regulate ministries.

• Declare a state of emergency for up to six months.

• Draft the budget.

THE LEGISLATURE:

• Parliament consists of 600 members.

• Called Grand National Assembly.

• Elected by the people every 5 years, representing 81 electoral regions in the Turkish province.

• Universal adult suffrage.

• Members are chosen by a modified system of proportional representation based on political

parties.

• There are a number of restrictions: extremist parties of both left and right are banned, and no
party that obtains less than 10 percent of the national vote may be represented in the parliament.

• Religion had been largely discouraged from appearing in the political sphere, the role of Islamist
parties in Turkish politics expanded in the 1990s and 2000s.

THE JUDICIARY:

• Judiciary is independent of the executive and the legislature power.

• The Constitutional Court is responsible of the task of looking at the compatibility of laws and
decrees with the constitution.

ROLE OF MILITARY IN TURKISH POLITICS:

• Pre 1924 era:

• Turkey was part of Ottoman empire.

• After ww1 the empire was broken and turkey was born.

• In 1926, the new constitution was given which stated that military is the guardian of the state.

Three martial laws in turkey:

• 1960 – 1965.

• 1972 – 1973.

• 1980 – 1983.

Coup of 1960:

• Time of heightened tensions between the Turkish government and the opposition.

• The ruling Democratic Party began to loosen some of the toughest Ataturk-era rules dealing with
religion.

• It allowed thousands of mosques to reopen.

• Legalised the call to prayer in Arabic instead of Turkish.

• Opened new schools for religious personnel.

• It shortened the period of mandatory military service.

• It alienated the opposition by imposing restrictive new press laws and occasionally barring critical
newspapers from publishing.

• Growing tensions caused the army to step in.

• The president, prime minister and several cabinet members were arrested and quickly tried for
treason and other offences. Menderes (PM) was executed.

• General Cemal Gursel assumed power – as both president and prime minister – beginning a period
of military dominated politics that would last until 1965

Coup of 1971:

• The Turkish economy stagnated in the late 1960s, and the recession caused widespread unrest:
workers’ groups staged demonstrations, sometimes violent, and right-wing groups carried out
attacks of their own.

• The currency was devalued in 1960; annual inflation reached nearly 80 percent.

• So in March the military intervened once again, an effort to “restore order”.

• The chief of the general staff, gave a memorandum to the prime minister.
• It accused his government of driving the country into anarchy, and demanded the formation of a
“strong and credible government … inspired by Ataturk’s views.”

• PM resigned hours later, after meeting with his cabinet.

• The military did not rule directly during this period. It first asked a member of the right-wing
Republican People’s Party, to form a caretaker government.

• Then in 1973 a retired naval officer, was installed as president by the parliament.

Coup of 1980:

• Instability continued after the 1971 coup.

• Turkey changed prime ministers 11 times in the 1970s, the economy continued to stagnate, and
left and right-wing groups continued their violent clashes in the streets. Thousands of people were
assassinated.

• The military began discussing a possible coup in late 1979, and in March 1980 a group of generals
recommended that they move forward.

• It was delayed several times, and finally launched in September, when officers announced on state
television that they were imposing martial law and dissolving the government.

• A general became president, and a naval officer assumed the post of prime minister.

• These years of military rule did bring some stability to Turkey.

• The PM that followed stabilised the Turkish economy by privatising many state-owned industries.
Inflation dropped and employment grew.

• The military also arrested hundreds of thousands of people; dozens were executed, while many
others were tortured or simply disappeared.

• A new constitution was drafted and put before a public referendum in 1982; it was
overwhelmingly approved.

Military involvement in Turkey before 1985 (1980’s):

• Military was guardian of the state.

• National security council – was responsible for every internal and external policy of turkey. Headed
by chief of army staff.

• No military audit of budget.

• Military courts.

• Military training compulsory for every Turkish.

• To become member of parliament military training was compulsory.

After 1985:

• Military no longer guardian of the state. The clause removed from the constitution.

• National security council headed by President now.

• No military courts.

• Civilians audit military budget now.

• No military training compulsions anymore.

SOUTH ASIAN ASSOCIATION FOR REGIONAL COOPERATION (SAARC):

• An intergovernmental organization for the development of economic and regional integration.

• The organization has the support of different countries known as member-state.

• Established in Bangladesh (Dhaka) 1985.

• SAARC headquarters in Khatmandu, Nepal.

8 Countries are member:

• India, Bangladesh, Nepal, Sri Lanka, Maldives, Bhutan, Afghanistan, Pakistan.

9 Observers:

• Australia, European Union (E.U), Iran, Japan, Mauritius, South Korea, United States of America
(USA), China, Myanmar.

• Russia and turkey have also applied for the membership.

SAARC specialized bodies:

• South Asian University (SAU) – India

• South Asian Regional Standards Organization (SARSO) – Dhaka

• SAARC Development Fund (SDF) – Bhutan

• SAARC Arbitration Council (SARCO) – Pakistan

Areas of cooperation among SAARC members:

• Agriculture and Rural Development

• Human Resource Development and Tourism

• Economic, Trade and Finance

• Social Affairs

• Environment, Natural Disasters and Biotechnology

• Education, Security and Culture and Others

• Information and Poverty Alleviation

• Energy, Transport, Science and Technology.

Objectives of SAARC:

The main motto of the organization is to work towards a common goal of achieving social, cultural,
economic growth for all the people within the South Asia region. The objectives of SAARC, as defined
in its charter, are as follows:

 Promote the welfare of the peoples of South Asia and improve their quality of life
 Accelerate economic growth, social progress, and cultural development in the region
by providing all individuals the opportunity to live in dignity and realize their full
potential
 Promote and strengthen collective self-reliance among the countries of South Asia
 Contribute to mutual trust, understanding and appreciation of one another’s problems
 Promote active collaboration and mutual assistance in the economic, social, cultural,
technical, and scientific fields
 Strengthen co-operation with other developing countries
 Strengthen co-operation among themselves in international forums on matters of
common interest; and
 Cooperate with international and regional organizations with similar aims and
purposes.

SAARC principles:

Cooperation within the framework of the SAARC shall be based on:

• Respect for the principles of sovereign equality, territorial integrity, political independence, non
interference in the internal affairs of other States and mutual benefit.

• Such cooperation shall not be a substitute for bilateral and multilateral cooperation but shall
complement them.

• Such cooperation shall not be inconsistent with bilateral and multilateral obligations

SAARC – Structure:

• SAARC has the following structure:

Council – It is the apex policy-making body. The council is represented by government heads of the
respective member countries.
Council of Ministers – The Council of Ministers comprises the foreign ministers and they meet
generally two times annually.

Council of Ministers – Functions:

• Policy formulation

• Reviewing the progress of regional cooperation

• Identifying newer areas of cooperation

• Setting up additional mechanisms as required

Significance of SAARC:

• SAARC is the world’s most densely populated region and one of the most fertile areas. It comprises
3% of the world’s area, 21% of the world’s population and 3.8% (US$2.9 trillion) of the global
economy.

• SAARC countries synergize their actions as they have the common tradition, dress, food and
culture, and political aspects.

• The SAARC nations have problems and solutions to the problems in common such as poverty,
illiteracy, malnutrition, natural disasters, internal conflicts, industrial and technological
backwardness, low GDP, and poor socio-economic condition. These nations uplift their living
standards by creating common areas of development.

Achievements of SAARC:

• A Free Trade Area is established by the member countries to increase their internal trade and
lessen the trade gap of some states considerably.

• SAARC Free Trade Agreement – SAFTA was signed to reduce customs duties of all traded goods to
zero by the year 2016. The agreement was confined to goods, but excluding all services like
information technology.

• South Asia Preferential Trading Agreement – SAPTA for promoting trade amongst the member
countries came into effect in 1995.

• SAARC Agreement on Trade in Services – SATIS is following the GATS-plus ‘positive list’ approach
for trade in services liberalization.

• SAARC University – Establish a SAARC university in India, a food bank, and also an energy reserve in
Pakistan.

Challenges for SAARC:

• Relation between India and Pakistan escalated tensions and conflicts severely hampers the
prospects of SAARC.
• The frequency of SAARC meetings is low. More engagements between member nations are
required instead of biennial (occurring every two years) meetings SAARC nations should meet
annually.

• The energy and resources are diverted due to the Broad area of cooperation.

• The implementation of the SAARC Free Trade Agreement has not been satisfactory.

Way forward:

• In a region increasingly targeted by Chinese investment and loans, SAARC could be a common
platform to demand more sustainable alternatives for development, or to oppose trade tariffs
together, or to demand better terms for South Asian labour around the world.

• SAARC, as an organisation, reflects the South Asian identity of the countries, historically and
contemporarily. This is a naturally made geographical identity. Equally, there is a cultural, linguistic,
religious and culinary affinity that defines South Asia. This arena can be explored more.

• The member countries should explore the potential of SAARC in maintaining peace and stability in
the region.

• SAARC should be allowed to progress naturally and the people of South Asia, who make up a
quarter of the world’s population should be offered more people-to-people contact.

ECONOMIC COOPERATION ORGANIZATION (ECO):

• Regional cooperation for development (RCD) established in July 1964 by Turkey, Iran and Pakistan.

• In 1974 the name of RCD was changed to ECO on the request of Iran.

• Eco is intergovernmental regional organization.

Members – Pakistan, Iran, Turkey, Afghanistan, Azerbaijan, Kazakhstan, Tajikistan, Turkmenistan,

Kargyzstan and Uzbekistan.

• The purpose is sustainable economic development of the countries and the region as a whole.

Objectives of ECO:

 Sustainable economic development of Member States.

 Progressive removal of trade barriers and promotion of intraregional trade.
 The Greater role of ECO region in the growth of world trade.
 Gradual integration of the economies of the Member States with the world economy.
 Development of transport & communications infrastructure linking the Member
States with each other and with the outside world.
 Economic liberalization.
 Mobilization and utilization of ECO region's material resources.
  Effective utilization of the agricultural and industrial potentials of ECO region.
 Regional cooperation for drug abuse control, ecological and environmental protection.
 Strengthening of historical and cultural ties among the peoples of the ECO region.
 Mutually beneficial cooperation with regional and international organizations.
 Sovereign equality of the Member States and mutual advantage.
 Linking of national economic, development plans with ECO's immediate and long-
term objectives to the extent possible.
 Joint efforts to gain freer access to markets outside the ECO region for the raw
materials and finished products of the Member States.
 Effective utilization of ECO institutions, agreements and cooperative arrangements
with other regional and international organizations including multilateral financial
institutions.
 Common endeavours to develop a harmonized approach for participation in regional
and global arrangements.
 Realization of economic cooperation strategy.
 Exchanges in educational, scientific, technical and cultural fields.

Structure:

Council of Ministers:

• The Council of Ministers (COM) is the highest policy and decision-making body.

• Composed of the various Ministers of Foreign Affairs or such other representatives of the
ministerial rank as may be designated by the respective governments.

• The COM meets at least once a year by rotation among the member states.

Council of Permanent Representatives:

• The Council of Permanent Representatives (CPR) consists of the Permanent Representatives and
Ambassadors of the member states.

Regional Planning Council:

• The Regional Planning Council (RPC) is composed of the Head of the Planning Organization of
member states or such other representatives of corresponding authorities.

General Secretariat:

• The General Secretariat (GS) consists of six directorates under the supervision of the Secretary-
General and his deputies. Two specialized agencies and six regional institutes are acting under the
supervision of the GS. They check the implementation of policies.

Activities:

• Trade and Investment

• Transport and Telecommunications

• Energy, Minerals and Environment

• Agriculture, Industry and Tourism

• Human Resources & Sustainable Development

• Project & Economic Research and Statistics

Achievements of ECO:

• ECO Chamber of Commerce and Industry was established in 1993 with objective to contribute to
and enhance the economic cooperation and relations in trade, industry, agriculture, tourism, and
banking sector. It also realized joint investments among member states.

• In March 1995, ECO Reinsurance Company was established to support economic development in
the region.

• ECO Consultancy and Engineering Co. was established to assist the developmental projects
sponsored by the ECO member states.

• ECO Trade and Development Bank was established in 2005 by the founding member states
(Pakistan, Iran, and Turkey) with the objective to provide financial resources for developmental
projects. Its operations were started in 2008.

• ECO Cultural Institution was established to preserve the cultural heritage of member states
through common projects in the field of media, literature, arts, education and sports.

Other organizations of ECO are:

a. ECO supreme audit institution

b. ECO science foundation

c. ECO drug control unit

d. ECO educational institution

e. ECO trade promotion unit

f. ECO post

g. ECO shipping

Significance of ECO:

• Its member countries cover vast area with high populace: more than seven million square
kilometer.

• Its member countries are rich in natural resources.

• Its member countries are all Muslim states.

• Its member countries have the political will to make it a vibrant organization.

• Its member countries have good relations with each other.

Challenges to ECO:

• Its member states lack appropriate infrastructure and institutions

• Deteriorated relations between Pakistan and Iran due to Shiya-Sunni conflicts

• Deteriorated relations between Pakistan and Afghan due to Taliban and US WOT

• Expansion of militant outfit activities in the region

• US involvement in the region (US war in Afghanistan and sanctions on Iran)

• Lack of financial and technical resources

• Lack of commitment of member states

Why ECO is important to Pakistan:

• Pakistan can meet its energy needs from energy resources of CARs.

• Pakistan can seek the help of ECO member states to counter terrorism, extremism and drug
trafficking in the region

• Pakistan can get the advantage of its Gawadar Port by providing transit to landlocked countries.

• Pakistan can improve its economy by getting help from Banking system of ECO and by creating
road and railway links among member countries

Way forward:

• There should be peace on both sides of Durand Line.

• There should be collective efforts to counter terrorism and drug trafficking and to improve regional
security.

• There should be road and railway connections among the member states.

• Trade among members of ECO should be encouraged.

• Technology sharing should be encouraged among member states.

• There should be joint efforts to minimize poverty and improve literacy.

• ECO Bank should play vibrant role by providing finance for developmental projects.
RISE OF MUSLIM NATIONALISM IN SUBCONTINENT:

Ideology:

French philosopher Autoine Destull de Tracy used the word ideology for the first time during French
Revolution and defined it as the “Science of Ideas” meaning thereby origin, evolution and nature of
ideas.

“An ideology offers an interpretation of the past, an explanation of the present and a vision of the
future.” – Reo M. Christenson.

How ideology emerges?

When people feel strongly that they are being mistreated under an existing order, when their status
is threatened by fundamental changes occurring in the society and when the prevailing ideology no
longer satisfies them.

Pakistan ideology:

Roots in religion.

Muslim nationalism.

Two Nation concept:

That Hindus and Muslims are a separate nation and cannot live together under umbrella of one
country.

Aims and objective of establishment of Pakistan:

 Sovereignty of Allah Almighty.

 Establishment of Islamic democracy.
 Revival of muslim image and identity.
 Protection of muslim culture.
 Two nation theory.
 Balanced economic system.
 Social differences.
 Political differences.
 Language issue.
 Educational differences.
 Religious differences.
 Hindu nationalism.
 Cultural differences.
Reformist Movements in sub continent:
 Islam came to sub continent through Muhammad bin qasim in 712 A.D.
 Second phase of expansion of islam from 999-1191 Turkish muslim dynasty.
 Delhi sultanate from 1192-1526.
 Mughal empire established in 1526 when Babur invaded India.
 Islam flourished in all this era.  Akbar occupied the throne in 1566.  Promulgation
of deen e ilahi or divine faith in 1582.
 Policy of sulah e kul.
 Title of imam e adil.

Rise of Sheikh Ahmad Sirhindi (Mujaddid Alf Sani):

Born in 1564.

Saint and mystic.

Belonged to sirhind.

Descendent of second Caliph Hazrat Umar (RA).

Social conditions of india in that time:

 Unislamic practices and trends.

 Belief in Karamat (miracles of saints).
 Sufis pretended to have know magic and have supernatural powers.
 Voices against sharia.
 Jurisprudence (logic) was considered the only source of law.
 Akbar’s policies – promoted Hinduism.

Sheikh’s efforts to restore islam:

 Wrote Asbaat un Nabuwwat in which he explained finality of prophethood in detail.

 Emphasis on Sunnah.
 Lectures and sermons on islam.
 Used to write letters to various personalities.
 Corresponded with various scholars through letters (Muktubaat e imam Rabbani).
 Emphasis on the concept of tauheed.
 Declared deen e ilaahi a foul attempt to destroy islam.
 Denounced the ulemas who questioned the authority of quran and Sunnah.
 Brought influential people of akbar’s court like abdur Rahim khan e khana, mufti
sardar jehan into his own discipleship.
 Also influenced Jehangir’s court.
 Negated the concept of Wahdat ul Wajood.
 Gave the philosophy of wahdat ul shahood.
 Was called to Jehangir’s court to explain his teachings.
 He did not prostrate to which he was imprisoned in the fort of Gawaliar.
  Sheikh ahmad started preaching even in imprisonment.
 He was released after 2 years and was allowed to stay in the royal court to preach
islam.
He died in 1626 and was buried in sirhind.

Allama Iqbal praised the act of not prostration in one of his poems too.

Shah Wali Ullah:

Real name was Qutub ud Din.

Born in 1703.

Born 4 years before the death of Aurangzeb.

His father Shah abdur Rahim compiled Fatwa e Alamgiri.

Shah wali ullah received education in tafsir, hadis and islam.

He also studied logic and metaphysics.

Social conditions during his era:

 Mughal empire was crumbling under rule of successors of Aurangzeb.

 Tussles between shia and sunni sects.
 Strong foothold of marhatas and Sikhs who used to raid Delhi, the seat of ruler.
 Aloofness from sharia.

Shah wali ullah’s efforts:

 Trained students in islam and ask them to propagate their knowledge further.
 Convinced people to follow islam and sharia.
 He brought elasticity in the principles of islam to attract more people.
 He removed misunderstandings between shias and sunnis.
 He brought solidarity and peace.
 He rationalized islam.
 Convinced the soldiers to fight on the name of jihad.
 Convinced traders to adopt fair market practices.
 Discouraged accumulation of wealth.
 He brought najeeb ud daula, shuja ud daula and rehmat khans against marhatas.
 He conviced ahmad shah abdali to come to india and crush marhatas in third battle of
panipat 1761.
 He translated quran from Arabic to simple Persian.
 Wrote Hujjat ul Baligha in which he discussed the importance of application of
ijtihad.
 Wrote izalat ul akhifa and khilafat al khulafa to remove misunderstandings between
shias and sunnis.
  To create balance between four schools of thought in islam he wrote Al insaf fi bayan
sahib al ikhtilaf.
He died in 1762 and was buried in Delhi.

War of 1857:
Started in 1857 in meerut.

Ended in 1858 gawaliar.

Meerut was a garrison city.

Revolt and mutiny of sepoys in meerut.

Reasons:

1. Expansion of English culture.

2. Cow fat and pig fat on cartridges.
3. Unjust taxes.
Bahadur Shah Zafar and Mangal Pandey involved.

Mangal Pandey was the mastermind of the rebellion.

It started in Meerut, travelled to Delhi and ended in Gawaliar.

EIC crushed the rebellion.

Mangal Pandey was hanged.

EIC lost 3 lac sepoys in the war.

Result:

 Rule of subcontinent delivered to British crown.

 1858 – proclamation by Queen Victoria that India will be governed by the secretary of
state.
 Governor generals were appointed.

Legislative Councils Act 1861:

 Britishers tried to include Indians in the government through this Act.

 Indians included in governor general’s council.
 Governor could nominate 6 members for 2 years. These members won’t criticize or
question the council.
 Sir Syed Ahmad Khan was also nominated.
Hindi Urdu Controversy 1867:
Urdu introduced as official language of sub continent in 1837.

Urdu and English given equal status in 1857.

Demonstrations against urdu in 1867 – protests in banaras.

1871, George Cambell the Lt. Governor of Bengal ordered urdu to be scrapped from the syllabus
books.

Hunter commission in 1882 to analyse the situation.

In 1900, UP governor Anthony McDonald issued orders that Hindi should be used as official language
in public offices, educational institutions and courts.

Movement for protection of Urdu:

 Demand of establishment of Dar ul Tarjama in 1887 to translate the works from other
language into Urdu.
 Establishment of Central Association in Allahabad.
 Sir Syed used the platform of Scientific Society for protection of Urdu.
 Urdu Defence Society established by Nawab Mohsin ul Mulk. It held public meetings
and protests.
 Students of Aligarh University protested against McDonald who then threatened to
stop the grant.
 After resignation of McDonald, Nawab Mohsin ul Mulk set up Anjuman-i-tarrakkii-
Urdu in Aligarh.
 Anjuman produced many books under supervision of Maulvi Abdul Haq (Baba e
urdu)

Aligarh Educational Movement:

Started by Sir Syed Ahmad Khan.

Sir Syed (1817 – 1898)

Reformer, educationist.

Founder of Two Nation Theory.

Worked for modern education for muslims.

Served as a munsif (sub- judge) in 1841.

Chief judge in 1846.

Wrote Asaar us sanadid (antiquities of Delhi) in 1847.

By 1857, sir Syed had spent 20 years in judicial services.

In 1857, when war broke out he was posted at Bijnaur.

Saved lives of local Europeans.

He was offered an estate for this service but he refused to take it.

1886 University of Edinburgh conferred degree of LL.D on sir Syed.

Appointed member of imperial council in 1877.

Raised to knighthood in 1888.

The beginning of the movement:

Britishers blamed muslims for war of 1857 and adopted cruel policies to punish them.

Sir Syed realized that muslims were lagging behind in education. He came up with a two fold
programme.

Modern education for the muslims.

Cooperation with the britishers.

1859 – school at muraadabad.

1863 – school at ghazipur.

1864 – establishment of scientific society in Ghazipur.

1866 – Aligarh Institute Gazette.

Sir syed went to England in 1869 with his son.

Observed educational system of Cambridge and Oxford university.

Sir syed returned to subcontinent in 1870.

Set up anjuman-i-tarakki-i-musalmanan-i-hind with objective to impart modern knowledge to

muslims.

1874 – MAO high school established in Aligarh.

1877 – school raised to college level. MAO college Aligarh.

1920 – MAO college became Aligarh university.

Muhammadan educational conference 1886.

Conference held public meetings in various parts of the country.

Scholars like Nawab Mohsin ul Mulk, Nawab Viqar ul Mulk, Maulana Shibli and Molana Hali inspired
people through this platform.

Political aspect of Aligarh movement:

After war of 1857 sir syed told muslims to stay away from politics and only attain education.
Sir syed also stopped muslims to join congress.

He wrote a pamphlet Risala e asbaabe bghawat e hind (causes of indian revolt) in which he tried to
remove misunderstandings among muslims and britishers.

Sir syed gave following reasons for the war of 1857:

Non representation of indians in legislative councils.

Forcible conversion of Indians into Christianity.

Mismanagement of indian army.

Dissatisfaction among various sections of society due to policies of government.

In 1866 sir syed formed British Indian Association at Aligarh.

The object was to express the grievances and point of view of Indians to the british people and the
british parliament.

He wrote Loyal Mohammadans of India in which he described the services muslims rendered to the
britishers.

Religious services of the Aligarh movement:

A Christian writer Sir William Muir wrote “Life of Mohammad” in which he made highly
objectionable remarks about the Holy Prophet (SAW).

Sir syed, when went to England, devoted himself to give a reply to William muir.

He met John Devenport who had written “An Apology for Muhammad and Muhammadans”. Sir syed
got this book published on his own expense.

He wrote “Essays on the Life of Muhammad (khutbaat e ahmadiya)”.

He wrote “Tabaeen ul kalam” in which he pointed out similarities between islam and Christianity.

Social aspect of Aligarh movement:

Tahzib ul ikhlaq published by sir syed in which he advised muslims to adopt new trends of life.

Opened a number of orphan houses.

Founded Anjuman-i-tarakki-i-urdu which worked for protection of urdu.

Ahkam-i-taam-i-ahle-kitab in which he said it was not against islam to eat with Christians.

Indian Council Act 1892:

Indian National congress formed in 1885 by sir Allan Octavian Hume. Congress started demanding
more rights for indian people.
Under the new act:

Non official members in national and provincial councils increased to 10.

Right to put question and discuss annual budget given to members of legislative council.

Local bodies could send their elected members to the legislative council.

Partition of Bengal (1905 - 1911):

 Bengal biggest province with population of 78million.
 Administrative difficulties.
 Lord Curzon became viceroy of India in 1899.
 Decided to divide the province.
 16th October 1905, Bengal was divided into Western Bengal and Eastern Bengal.
 Dacca as capital in new eastern province.

Muslim reaction:

Muslims 18 million out of 31 million in new province.

They welcomed the step.

Passed resolutions supporting the step.

Hindu reaction:

Voilent reaction.

They opposed the resolution because:

Muslim majority in new province.

High court and other judicial bodies to be shifted in Dacca.

Dacca to become centre of Journalism.

End of muslim exploitation at the hands of hindus.

End to political dominance of Hindus.

Hindus launched intensive movements:

Called it dissection of sacred mother cow.

Religious colour given.

Partition day called national tragedy.

Strikes and protests.

Congress criticized it in the annual session of 1906.

Non payment of taxes.

Bombs thrown at britishers.

Swadeshi movement – boycott of all imported goods.

Train carrying governor of eastern Bengal was derailed.

Attempt made on the life of viceroy.

Threatened to boycott upcoming tour of King George the fifth.

So on 12th December 1911, at Delhi Darbar, King George announced the annulment of the decision.

Establishment of Muslim League in 1906 due to this event.

Simla Deputation 1906:

Muslim deputation comprising of 35 muslim leaders under the leadership of Sir Agha Khan went to
Simla to meet Viceroy Minto and present following demands:

Need of protection of muslim interests in case of representative form of government.

Separate electorate for municipalities, rural councils and provincial and central legislature.

Demanded seats in legislature, quota in government services and seats of judges in the courts for
muslims.

The most important demand of separate electorate was accepted by government and incorporated
in the Minto-Morley Reforms of 1909.

Formation of Muslim League:

Annual session of educational conference in Dacca in 1905.

Political meeting convened by Nawab Salim ullah Khan of Dacca after the conference.

Nawab wiqar ul mulk presided over it.

Need of an organization recognised.

60 member committee formed to form a constitution of an organization.

Nawab wiqar ul mulk and mohsin ul mulk became the joint secretaries.

Molana Muhammad Ali Johar drafted the constitution of Muslim League contained in brochure
called “Green Book”.

First session of Muslim League in Karachi in 29 and 30 December 1907.

Three objectives of the league:

 1. Loyalty to government and removing misconceptions.
2. Protect rights of muslim in sub continent.
3. Promote friendly relations with other communities in India.

Minto-Morley Reforms (Indian Councils Act 1909):

Hindu mahasba working against muslims.

Biased politics in congress.

In 1908, the government announced that it wanted to see democracy flourishing in India.

The viceroy Lord Minto and Secretary of State Lord Morley started to prepare a draft bill for
introduction of constitutional reforms.

Bill approved in 1909 and called minto morley reforms.

It had following provisions:

 Separate electorate.
 Legislative councils were expanded.
 Authority of members increased, members could present motions.
 Viceroy’s council membership fixed at 60.
 Membership of Bengal, UP, Bihar, Bombay, Madras and Orissa fixed at 50.
 Punjab, Burma and Assam at 30.
 Indians included in executive council of viceroy and in provincial executive councils.
 Local bodies, trade unions and universities allowed to elect their members.
 Lt. Governors were appointed in Bengal, Bombay and Madras.
 These provinces were given right to form their own council.
 Limited franchise on the basis of property and education.

Drawbacks:

No mode of electing representatives.

No accountability of representatives.

Electorate too narrow.

No authority with elected members.

Authority members nominated by viceroy.

Vast authority of central government on financial sphere.

Provincial expenditures controlled by central government.

Plus points:

Separate electorate to muslims.

Double vote to muslims. They could vote in general constituencies as well.

Constitutional development in india.

System of elections for the first time.

Bigger role of muslim league.

Lucknow Pact 1916:

Cooperation of hindus and muslims.

Quaid e Azam suggested that Muslim League holds its annual session at same place as congress.

In December 1916, muslim league and congress held joint session in Lucknow.

League’s session on 30th and 31st December in Qaisar Bagh Baradri Lucknow.

Joint reforms committee presented a charter called Lucknow Pact and they intended to present it to
the government jointly.

Pact had following provisions:

 Provincial legislative councils will have 1/5th nominated and 4/5th elected members.
 Direct election of members. Term of 5 years.
 Strength of legislative council to be 125 in major province and 50-75 in minor
province.
 Muslims to be elected through special electorate.
 Resolutions won’t be passed by the non official members without the consent of
concerned group.
 Provincial autonomy and maximum powers with provincial councils.
 Provincial councils will be authorized to impose taxes, raise loans and vote on budget.
 All proposals of raising revenue should be submitted to the provincial councils.
 There shall be an executive council in the province headed by governor whose half
members would be indian elected by the elected members of the legislative councils
for the term of 5 years.
 The members of the assemblies shall have the right to pass adjournment motions.
 Seats should be reserved for muslims where they were in minority as per their
weightage.
 Protection to hindus in muslim majority provinces.
 Imperial legislative council in centre consisting of 150 members. 4/5th members
elected directly for a term of 5 years. Muslims to be given 1/3rd seats and they shall
be elected by separate electorate.
 Central government headed by a governor general who would be assisted by an
executive council. Half members of executive council shall be Indians elected by
elected members of the imperial legislative council.
Montague – Chelmsford Reforms (Government of India Act) 1919:
Conspiracies against government in the sub continent.

Committee formed under Justice S.A Rowlatt to crush conspiracies.

Committee presented report called Rowlatt Act in 1919.

The people of india showed their disapproval over Rowlatt act and called in unethical.

Quaid e Azam resigned from imperial legislative council in protest of this Act.

Incident of Jalianwala Bagh 1919 also called Amritsar massacre happened. British commander
General Dyer opened fire on protestors. 379-1000 people died. Resentment in people against the
government.

In August 1917, Secretary of State for India Edwin Montague had made announcement that self rule
would be developed in India. So delegation of mr. Montague visited india to prepare reforms.

The reforms named after secretary of state and viceroy of india after being approved by the crown
called Government of India Act 1919.

Salient Features were:

 Bicameral legislature in centre. Upper house called council of state having 60

members. Lower house called central legislative assembly having 145 members.
Restricted franchise in both.
 Upper house elected for 5 years and lower house for 3 years.
 Separate electorate for Muslims.
 Self government to be gradually established in India.
 System of Dyarchy introduced at provincial level. Under this system the provincial
subjects were divided into transferred subjects and reserved subjects.
 The transferred subjects such as health, commerce education etc. were entrusted to the
indian ministers who were responsible to the council. The reserve subjects such as law
and order, finance, police etc were placed under direct control of provincial governor
and their nominated councillors. Under diarchy the governor general could interfere in
the provincial matters which was highly disliked.
 The subjects were divided between the centre and the province. The central subjects
were defence, foreign affairs, currency, railway and telecommunication. The
provincial subjects included education, health, irrigation and local government.
 The governor general’s executive council was responsible to the secretary of state for
India who was sitting in London.
 The governor general retained the right to certify any legislation which he considered
essential.

Dyarchy:

A system of double government.

Authority divided between councillors and ministers.

Transferred subjects to indian ministers.

Reserved subjects to councillors.

Executive branch of each province divided into authoritarian section and popular sections.

Dyarchy ended in 1935 and provincial autonomy came.

Khilafat Movement 1920:

World war in 1914 – 1918.

Khilafat conference under leadership of Hakim Ajmal and Dr. M.A. Ansari. First meeting on 24th
November 1918.

Treaty between allies and Turkey on 13th of November 1918.

Indian deputation talked to viceroy on 19 January 1920. Deputation headed by Dr. M.A. Ansari.

Treaty of Sevres in 1920 to end war and punish Turkey.

Khilafat delegation – a committee met on 23rd November 1919 and formed delegation under
Molana Mohammad Ali Johar, Syed Suleman Nadvi, Dr. Syed Hussain and Malik Hassan Hayat. They
left for England in March 1920. they met the Prime minister of UK Lloyd George who was anti
muslim.

Non cooperation movement in alliance with Gandhi.

Hijerat movement.

Moplah uprising – Deaths of moplahs in goods train.

Chaura chauri incident – britishers burnt alive.

End of khilafat movement.

Delhi Proposals 1927:

Unity of Lucknow pact ended with khilafat movement.

By 1926, Hindu mahasba got hold of congress leadership.

Pandit Nehru in view of the new developments in the congress politics, requested Quaid e Azam that
if muslims surrender the demand of separate electorate the congress shall accept any other demand
in return.

Quaid e Azam met muslim league leaders in 1927 and the prepared a set of proposals called Delhi
proposals.
Salient features:

 Sindh should be separated from Bombay.

 Reforms should be introduced in Balochistan and NWFP and they should be given
status of province.
 1/3rd seats of Muslims in central legislature as already granted.
 The muslims shall be given representation in Punjab and Bengal as per their strength.
Lahore group of muslim league separated itself under Sir Muhammad Shafi and expressed
disapproval over proposals.

Hindus also didn’t committed themselves to the proposals and they failed.

Simon Commission 1927:

When montague Chelmsford reforms were introduced, it was announced that a commission would
be sent to india after 10 years to suggest more reforms.

In 1927 a commission under Sir John Simon came to india.

People chanted the slogans “Simon go back”.

He prepared the report anyway and submitted to the crown.

The recommendations were rejected by muslim league and congress both.

Simon commission failed too.

Nehru Report 1928:

Due to rejection of simon report by Indians, secretary of state for india Lord Birkenhead was
annoyed.

He challenged the Indians to make a report themselves.

So Indians called an all parties conference in February 1928 and prepared a draft for constitutional
reforms.

Committee presided over by Moti Lal Nehru. Other members were Sir Tej Bahadur, G.R Pradhan,
M.R. Jaikar, N.A. Joshi, Sir Ali Imam and Shoaib Qureshi.

Muslim representation was insignificant.

Committee report called Nehru report.

Features of the report were:

 Full responsible government.

  Separate electorate should be replaced by joint electorate.
 Seats should be reserved for minorities in proportion to their population.
 Foreign affairs, defence and army should be placed under the control of parliament
and viceroy.
 Sindh should be separated from Bombay if it were capable of bearing its expenditure.
 Full provincial status should be given to NWFP and Balochistan.
 Unitary form of government to be established in centre.
 Hindi should be made official language.
 Muslims disagreed and Quaid e Azam proposed three amendments in Nehru Report.
 1/3rd representation for the Muslims in the central legislature.
 Muslim representation in Punjab and Bengal on basis of population.
 Residuary powers to be given to the provinces instead of the central government.

Fourteen Points of Quaid e Azam 1929:

 Federal constitution with residuary powers to provinces.
 Autonomy to all provinces.
 Representation of minorities in every province without reducing their majority in any
province.
 1/3rd muslim representation in central legislature.
 Representation of communal groups by separate electorate. They can forgo separate
electorate in favour of joint electorate.
 Muslim majority in Punjab, Bengal and KPK should not be reduced to minority in
case of any demarcation.
 Full religious, political, economic, social liberty.
 Resolution won’t be passed if 3/4th member of concerned community oppose it.
 Sindh should be separated from Bombay.
 Reforms should be introduced in balochistan and KPK.
 Adequate share to muslims in services of state.  Constitution to protect muslim
culture, tradition and civilization.
 1/3rd muslim ministers in central and provincial cabinet.
 Amendment in constitution only with consent of Indians.

Hindus rejected the 14 points.

Viceroy Lord Irwin in 1929 announced that dominion status would be given to India and for that
round table conferences were initiated where negotiations can be done.

First Round Table Conference (12 Nov 1930 – 19 Jan 1931):

Conference held in London.

Congress had initiated civil disobedience movement so they boycotted the first round table
conference.
Muslim delegation included sir Agha khan, molana mohammad ali johar, quaid e azam, molvi fazal ul
haq, sir Muhammad shafi, sir shah Nawaz, Chaudhary zafar ullah and Ghulam husain.

Federal system approved for india.

Princely states to declared they would show maximum cooperation to form an All india federation.

Muslims called for dominion status and end to system of dyarchy.

Agreement on giving Sindh a provincial status.

Agreement on forming responsible government at provincial level.

Eight sub committees were formed to deal with different matters i.e federal structure, provincial
constitution, province of Sindh etc.

Gandhi – Irwin Pact 1931:

Gandhi and british both wanted to collaborate.

Lord Irwin extended invitation to Gandhi for talks.

Talks from 17th Feb to 19 Feb 1931.

Gandhi – Irwin pact signed.

1. Congress will call off its civil disobedience.

2. Congress will attend second round table conference.
3. Government will withdraw all notification meant to curb the congress.
4. Peaceful protests will be valid.
5. Government will release all persons captured during civil disobedience movement.

Second Round Table Conference (7 Sep 1931 – 1st Dec 1931):

Gandhi as sole representative of congress.

Muslim delegation included Allama Iqbal.

Two committees set up to carry out work on federal structure and minority issue.

Gandhi was member of both.

Gandhi didn’t recognize any minority in India and kept focusing on only one community in India i.e
Hindus.

No settlement of minority issue reached.

Conference ended without reaching any conclusion.

Third Round Table Conference (17 Nov 1932 – 24 Nov 1932):
Congress again on civil disobedience movement.

Sir Agha khan led the muslim delegation.

Gandhi and Nehru were in jail.

Conference ended after a few meetings.

Zero results.

Communal Award 1932:

After round table conferences failed, government gave its own proposal called communal awards.

Separate electorate for muslims.

Reduced the majority of muslims in Punjab and Bengal.

Both hindus and muslims were unhappy over the award.

Government of India Act 1935:

Recommendations of round table conferences were contained in white paper which was published
in 1933.

Committee was set up under viceroy of india Lord Linlithgow to consider recommendations.

The report of committee was published in 1934 which was contained in Bill of Law.

The parliament passed the bill. After royal assent it was enforced as government of india act in 1935.

Salient features:

14 parts and 10 schedules.

Consisted of 2 parts.

Part 1 was on provincial subjects while part 2 was federal subjects.

Act came into operation on 1st April 1937.

 Federal system.
 More autonomy to provinces.
 Provinces made separate entities.
 System of dyarchy scrapped at the provinces but introduced in the centre.
  Three lists i.e federal, provincial and concurrent list.
 Lower house called House of Assembly.
 Upper house called House of State.
 Provincial legislatures could legislate on provincial and concurrent list.
 Provincial executive handed over to the representatives of people who were
accountable before provincial legislatures.
 Country divided into 11 provinces.
 Responsible parliamentary system introduced in the provinces.
 Provinces were given complete autonomy.
 Ministers were to be chosen from representatives of the people.
 Council of ministers in every province whose advice was binding on the governor.
However the governor were to act under governor general.
 Special powers given to governors to protect the rights of minorities.

Analysis of the act:

Quaid declared it defective document.

Raj gopal Acharia called it worse than system of dyarchy.

No guarantee of individual lilberties.

Authority vested in parliament which was under british control.

Due to system of dyarchy vast authorities to viceroy at centre.

Minister of states could interfere with government services.

Elections were held under it in 1937.

Congress Ministries 1937:

Elections under the act.

Congress majority in 6 provinces.

Muslim league won only 21% of muslim seats.

Muslim league lost in Punjab and Bengal.

Vote was conducted under restricted franchise and separate electorate.

Congress formed its ministries in 6 provinces and coalition ministries in Punjab and Bengal.

Muslim league could not form ministry in single province.

 Vande matram written by Bengali novelist Bankim Chatterjee.

 Wardha scheme and Widdia mander scheme.
 Hoisting of three coloured flag.
 Hindu muslims riots.
 Muslim mass contact campaign.
End of Congress Rule 1939:
Britain was in war with Germany and asked all political parties to assist. Congress put three
conditions:

1. British government should explain the causes of war.

2. Government should announce that the elected legislature will draft the constitution of
India.
3. The members of viceroy’s executive council should be chosen by central assembly.

Government rejected the conditions and congress resigned from ministries as a way of protest.

Day of Deliverance 1939:

22 December 1939 was celebrated as the day of deliverance on the call of Quaid e Azam.

Public meetings held.

Thanksgiving prayers were offered.

Pakistan Resolution/Lahore Resolution 1940:

23rd March 1940.

Declaration of independence written by muslims.

Mohammad zafar ullah khan wrote the declaration.

Presented by A.K. fazal ul haq.

Three day session (22-24 march)

The name Pakistan:

Chaudhary Rehmat Ali suggested name of Pakistan in his pamphlet “Now or Never” in 1933.

When Lahore resolution happened the Indians mocked it.  It got the name of Pakistan resolution.

Chaudhry rehmat ali insisted that it be called Pakistan resolution. Quaid e Azam and muslim league
accepted.

 P – Punjab.
 A – afghan (pathans)
 K- Kashmir
 S – Sindh
  Tan – balochistan
The word Pakistan itself means Land of the Pure.

August Offers 1940:

Offer by Lord Linlithgow for Indians to join UK in war in return for increased seats in central
legislative assembly.

Congress and muslim league both rejected the proposals.

UK won the war anyway.

Uk prime minister mr. Churchill said a delegation would soon be sent to india to make proposals for
a constitution for Indians.

Cripps Mission 1942:

Delegation under Sir Stafford Cripps sent to Delhi in 1942.

Submitted following reforms:

 Dominion status to india.

 Formation of constitution by indian constitutional body.
 Protection to princely states.
 Rights of minorities to be protected.
 British will still keep the defence of india.
 Commander in chief and finance minister would be a british.
 Government of india act will remain in force.

Quit India Movement 1942:

Gandhi – quit india.

Quaid e Azam – divide and quit.

Gandhi – Jinnah talks 1944:

19th September to 24th September.

 Gandhi proposed that power to be transferred to congress first and then congress
would give representation to the muslims on popular basis.
Quaid e Azam rejected.

Talks ended.
Wavell Plan 1945:
Lord Wavell was viceroy of India.

He drafted a plan called Wavell plan.

 Interim government by Indians.

 All subjects to Indians except war.
 Parity of representation in executive council.
 Constitutional reforms after war.

Simla Conference 1945:

Lord Wavell called a conference in Simla on 24th june 1945.

He suggested his plan.

Muslim league did not agree on parity of representation principle.

So viceroy on 21st august announced that general elections be held to determine the representative
character of both muslim league and congress.

Elections of 1945:
The general elections to the provincial and central legislatures were held in india in 1945.

Muslim league won all the muslim seats in central assembly.

446 out of 495 provincial muslim seats were also won by muslim league.

Congress also won all the hindu seats.

Representative character proven.

Cabinet Mission Plan 1946:

Uk prime minister Lord Attlee announced on Feb 1946 that a special mission will be sent to india to
discuss constitutional issues.

In May 1946, the cabinet mission and the viceroy proposed cabinet mission plan.
Main points were:

 There should be union of india which shall have power of taxation, foreign affairs and
defence.
 Residuary powers with the provinces.
 India divided into three groups called A, B, C.

Group A – 6 hindu majority provinces.

Group B – Punjab, KPK, Sindh and Balochistan.

Group C – Bengal and Assam.

The legislature of any group had power to opt out of that group.

Muslims accepted the cabinet mission plan but hindus rejected it.

So british postponed the plan.

In protest muslims also rejected it.

Formation of Interim Government 1946:

Lord Wavell made Nehru interim PM of india and installed his interim cabinet in 1946.

Quaid e Azam announced Direct Action Day.

It was like civil disobedience.

Interim government broke down due to non cooperation between hindus and muslims.

June 3 plan 1947:

Lord Mountbatten gave his partition plan.

Muslim league and congress both gave their assent to partition.

After royal assent the plan was issued on 3 june 1947.

Features:

 Punjab and Bengal will decide whether they want to be divided or not.
 Boundary commission will be set up for Punjab and Bengal.
 Indians will make constitution of india which will be not enforceable by force.
 Referendum in NWFP.
 Balochistan shall adopt any appropriate way to decide its future.
 States are free to join any country they want.
  Boundary commission will be set up to divide the two countries.
 Both countries will have their own governor general.
 Military assets shall be divided between the two.
Bahawalpur was a princely state. It joined Pakistan.

NWFP joined Pakistan through referendum.

4 princely states of Balochistan, makran, las bela, and khaaran joined Pakistan in 1947. Kalat acceded
in 1948.

Boundary Commission (Radcliffe Award) 1947:

Under Sir Cyril Radcliffe – a prominent lawyer of London.

The award of boundary commission is called Radcliffe award.

Division of Punjab and Bengal.

Commission made to demarcate territories.

Each commission consisted of members from Pakistan and India and impartial member.

Punjab boundary commission:

 Justice din Muhammad and justice Muhammad munir from Pakistan.

 Justice mehr chan and justice tej singh from india.

Bengal boundary commission:

 Justice abu saleh, justice m. akram and justice S.A rehman from Pakistan.
 Justice c.c Biswas and justice B.K. mukerjee from india.
Radcliffe did not take part in proceedings and divided the provinces.

Calcutta given to india during the partition.

Independence Act 1947:

On july 4 the viceroy announced the partition plan on radio.

The british control was supposed to end on 15th August.

Princely states were free to join any state they wanted.

Government of India Act was to be in force until the dominions form their own constitution.

For Pakistan the british rule ended on 14th august 1947.

Mountbatten announced govt. of Pakistan on 15th August 1947 in Karachi Assembly building.
Quaid e Azam took oath as governor general on 15th august (last Friday of Ramzan)

Cabinet was sworn in and Pakistan was born.

CONSTITUTIONAL AND POLITICAL HISTORY OF

PAKISTAN:

1947:

• Quaid e azam Muhammad Ali jinnah became the first governor general.

• Liaquat ali khan became PM.

• Quaid e azam was the president of the constituent assembly of Pakistan.

• The last ceremony he attended before his death was the inauguration of State bank of pakistan on
1 july 1948.

• Passed away in 1948.

• Resting place in Karachi.

1948:

• After the death of Quaid e azam Khwaja Nazim ud din becam governor general

1948-1951:

• PRODA (public representatives offices disqualification act) promulgated by liaquat ali khan in 1949.

• Liaquat ali khan assassinated on 16th October 1951 in liaquat bagh.

• Assassin was killed on spot.

1951 – 1953:

• Khawaja nazim ud din became the PM.

• Ghulam Muhammad became the governor general.

• Anti ahmadiya protests in 1953.

• Food shortages.

• Martial law in Lahore on March 6, 1953 by major general azam.

• 1/3rd cut in defence budget. Army agitated.

• 17th april 1953, Khawaja nazim ud din summoned by Ghulam Muhammad and told to resign along
with his cabinet.

• When he declined, he was dismissed under section 10 of Government of India Act 1935.

• Munir Report 1954 – commission established under justice md. Munir. Justice kiyani was also a
member. Report presented on 10 april 1954. Every sect agreed that ahmadis were kafir.

1953 – 1955:

• Governor general – Ghulam Muhammad.

• Prime minister – Muhammad ali bogra.

• “Muhammad ali formula” – presented to constituent assembly on 7th October 1953 and adopted
on 6th October 1954.

• Principle of parity. 150 seats allocated to both East and West Pakistan.

• To conduct business every wing needed 30% votes from other wing. Result was a political
deadlock.

• PRODA repealed by constituent assembly in 1954.

• Constituent assembly tried to amend section 9, 10, 10A and 10B of the govt. of India Act to curtail
the powers of governor general.

• Before that could happen Ghulam Muhammad dissolved the constituent assembly on 24 October
1954.

• No section of law was stated under which this dissolution was conducted.

• Proclamation of emergency by Ghulam Muhammad.

• Ghulam Muhammad called Muhammad ali bogra again to form another cabinet.

• Cabinet was formed hastily and included major general iskander mirza, C-in-C Ayub khan (as
minister of defence).

• This was the end of civilian supremacy in Pakistan.

• 1955 (Maulvi tameez ud din case 1955):

• Maulvi tameez ud din was the president of dissolved constituent assembly.

• He challenged the proclamation as unconstitutional.

• He asked for writ of mandamus and writ of quo warranto.

• Writ of mandamus – to restrain the government in exercise of his function.

• Writ of quo warranto – to determine the certain appointments of governor general’s council of
ministers.
• The writs were filed in the Sindh Chief court.

• The Sindh chief court declared the dissolution ultra vires.

• Sindh chief court allowed both writs.

• Government filed appeal in federal court against the decision of the Sindh chief court.

• Govt. took the plea that section 223-A of the govt. of india act under which chief court issued the
writs was not a law yet as it did not have assent of the governor general. So writs couldn’t have been
issued in first place.

• Usif Patel’s Case 1955:

• 48 acts became invalid after the verdict of tameez ud din case.

• Usif patel challenged Sindh control Goondas Act because it was not duly signed by the governor
general.

• So the governor general promulgated Emergency Powers Ordinance in 1955.

• The federal court declared the Emergency Powers Ordinance 1955 null and void and declared that
the governor general cannot make laws only constituent assembly can.

• Governor general sent reference to court. The court advised to form a constituent assembly.

• On 15 april 1955, 60 member constituent convention was summoned. They made a new
constituent assembly. No woman was added. This was the second constituent assembly of Pakistan.

• Elections were conducted.

• Chaudhary Muhammad Ali became the PM.

• Iskander Mirza became the acting governor general due to Ghulam Muhammad’s health.

• Assembly met of 7 july and passed the Validation of Laws Act 1955.

• The second task of making constituent assembly was one unit system.

• East Pakistan and west Pakistan were made single units.

• Second constituent assembly made the draft of the constitution of 1956.

• On 29 Feb the constituent assembly adopted the constitution of 1956.

• The constitution became effective from 23rd march 1956.

THE CONSTITUTION OF 1956:

• 234 articles.

• Islamic Republic of Pakistan.

• Islamic principles.

• President and vice president.

• Unicameral legislature with 300 members divided equally between both units.

• Federation.

• Strong centre with provincial autonomy.

• Principles of policy.

• Bill of rights.

• Emergency powers of president.

• Urdu and Bengali official languages.

• Objective resolution was preamble.

• Direct election method.

• Executive authority with president who was to be elected through electoral college.

• “Resistance Day” by Awami league.

• Chief of awami league Molana Bhashani said east Pakistan would secede if constitutional draft not
amended.

1956 – 1958:

• President iskander mirza (assumed the presidency under the constitution).

• 4 vice president in these 2 years.

1) Chaudhary muhamad ali (civil servant):

• One unit system. Grievance from Bengalis.

• Dr. khan sahib chosen by pm to be the chief minister of west Pakistan. Muslim league was against
this appointment.

• Formation of republican party by Dr. Khan Sahib and internal disturbances.

• PM Chaudhary Muhammad ali resigned on 8 September.

2) Hussain Shaheed Shuhrawardy (sep 1956 – oct 1957):

• From east Pakistan.

• Iskander mirza laid following conditions which shuhrawardy accepted:

• No change in pro western foreign policy.

• Army as an institution would be left intact.

• He would keep molana bashani (leader of awami league) under control.

Challenges to shuhrawardy:

• Separate electorate in west Pakistan.

• Joint electorate in east Pakistan. (Electorate Act 1956) He needed help from iskander mirza who
using his influence made the members of republican party in national assembly in west Pakistan
agree to joint electorate.

• In april 1957 east Pakistan passed a resolution for full autonomy.

• September 1957, west Pakistan passed a resolution to abolish one unit.

• All this maneuvering was by molana bhashani.

• Shuhrawardy was in tough place. He was against abolishing one unit publically but privately he
wanted to seek more representation for east Pakistan in cohort with his party members (awami
league).

• Political scenario deteriorated.

• Iskander mirza demanded resignation.

• On 10 October 1957, shuhrawardy resigned.

3) Ibrahim Ismail Chundrigar 1957 (only for 2 months):

• He revived the separate electorate issue.

• Failed to gather the support and then had to resign.

Nehru – “I don’t know who to talk with in Pakistan” , “Pakistan changes its prime ministers more
frequently than I change my pajamas.”

4) Feroze Khan Noon (Dec 1957 – 1958):

Challenges:

• Weak coalition government of 6 parties. Parties from east Pakistan didn’t even join.

• Iskander mirza had lost his popularity too.

• Frequent change of ministries.

• Refugee crisis and food shortages.

• So mirza delayed general elections from 1958 to 1959.

• Secession of Khan of Kalat on 6 October 1958 as a reaction to military bases in balochistan. In early
hours of 8 October Mirza announced the proclamation of Marial law.
• He abrogated the constitution.

• Dismissed central and provincial governments.

• Dissolved national and provincial assemblies.

• Banned all political parties.

• Postponed general election indefinitely.

• Put prime minister Noon and his cabinet colleagues under house arrest.

OCTOBER 1958 – MARCH 1969:

• Ayub Khan came to power as chief martial law administrator.

• 10 October Law (continuance in force) order. All law restored except the constitution.

• Dosso Case (1958):

• Dosso was a tribal person from Loralai balochistan.

• He committed murder.

• Loya Jirga convicted him under Frontier Crimes Regulation.

• His relatives went to Lahore High court seeking equality of law.

• Lahore high court declared decision of Jirga null and void because every Pakistani should be
treated under constitution.

• Federal government went to Supreme court.

• Justice Munir reversed decision of high court. It ruled that Lahore high court cannot give
judgement under constitution if the constitution itself is suspended.

• Doctrine of necessity. Bloodless revolution is alright if it is for stability.

• Martial law got validation.

• Ayub’s regime:

• Action against any person who dissented with him.

• Assumed complete control of government and sent iskander mirza into exile to London.

• Brought land reforms to break powers of feudal lords but failed.

• Basic democracies order 1959. 80 thousand basic democrats elected by people. These BDs were to
elect president.

• Referendum on 14 Feb 1960 “have u confidence in Ayub khan?”

• 95.6 percent people said yes.

• Ayub became the president.

• Constitution commission appointed in 1960 under CJP Shahab ud din.

• They gave their report which Ayub changed completely and gave constitution of 1962.

THE CONSTITUTION OF 1962:

• 8 june 1962.

• Democratic Islamic Republic.

• Presidential system.

• Centralized federal system.

• Rigid system.

• Fundamental rights (1st amendment)

• Indirect election.

• Urdu and Bengali national languages.

• Emergency powers with president.

• Unicameral legislature – national assembly.

• Only one list of subjects. Provinces had more subjects to legislate upon but centre had over riding
clause.

• Council of Islamic ideology.

• Ebdo (elective bodies disqualification act 1959) – to restrain anyone from participating in political
life.

• Moudoodi’s case – supreme court gave “freedom of association”. Gave protection to political
parties.

• Ayub joined the Muslim League.

• Elections of 1965:

• Ayub’s 5 year term expired on 14 Feb 1965.

• Combined opposition parties (COP) candidate was Miss Fatima Jinnah.

• Ayub won the elections.

Indo Pak War 1965:

• Skirmishes on cease fire line.

• Freedom fighters from Azad Kashmir entered occupied Kashmir in August.

• Rann of Kutch Ceasefire Agreement 1965.

• On 16 august indian forces entered Pakistan and captured post.

• In early September Pakistan forced entered india and captured military post.

• On September 6 india launched attack on Pakistan.

• Cease fire by UN on 22 September.

• Tashkant Declaration:

• 4 Jan 1966, ayub and indian Pm began talks in Tashkant (Uzbekistan).

• 10 jan tashkant declaration signed.

• It called for maintaining the status quo and so protests erupted at home.

• At fore front were students.

• Zulfiqar Ali Bhutto also showed discontent and so he was dropped out of the government.

SIX POINTS OF MUJEEB UR REHMAN:

• Federal constitution for Pakistan.

• Defence and foreign affairs with centre only.

• Separate currency of free movement of funds.

• Tax collection with provinces.

• Foreign exchange with every zone.

• Own militia for East Pakistan.

Agartala conspiracy case (1968):

• 28 People, personal of armed forces and civil servants arrested on 7 January.

• Mujeeb ur rehman was involved too.

• Conspirators had visited india (agartala) in india to make plans to separate east and west Pakistan.

• Ayub passed an ordinance in 1968 that said that special tribunals can be set at any time to try
conspiracy cases and mutiny.

• Protests and constitutional questions arose.

• Govt. withdrew agartala case on its own.

• 22 powerful families of west Pakistan came into being in ayub era.

• Powerful civil servants.

• U2 incident.

• “Decade of progress”.

• Protests of students for allowance of political activities on campuses that had been banned by an
ordinance.

• Bhutto saw this as an opportunity and formed Pakistan people’s party with socialistic –
nationalistic agenda.

• Democratic action committee comprising of 8 parties (opposition).

• On 25 march 1969, ayub retired and Yahya khan took powers.

• Martial law was imposed by yahya khan.

• Muslim Family Law Ordinance 1961.

• Normalized relationship with china and ussr.

• Political autobiography “Friends, not masters”.

1969 – 1971:

• Martial law by Yahya khan.

• Abrogated the constitution and dissolved assemblies.

• 1 st april 1969 assumed presidency.

• 4 th april 1969 Provisional Constitution Order.

• Action against civil servants. President or governor could remove them.

• Allowed political parties.

• Dissolved one unit system.

• General elections on 5 October 1970.

• LFO (legal framework order) 1970 – restored provinces, one man one vote.

• Result of election was that ppp won in west Pakistan. Awami league won in east Pakistan.

• Overall majority was of awami league.

• NA session in Dhaka on insistence of Sheikh Mujeeb.

• Bhutto did not attend.

• Yahya delayed the session on 1st march 1971.

• On 3 march sheikh mujeeb called for a strike in whole of east Pakistan.

Indian hijacking:

• Hijacking of Indian aircraft by fake Kashmiri freedom fighters.

• India banned the flights. East and west Pakistan were practically cut off.

• 25 march 1971, yahya ordered military action in east Pakistan.

• General tikka khan led the forces.

• Mukti Bahni launched by India (Bengali word for freedom fighter)

• Geurilla war by Bengalis.

• Political negotiations failed and mujeeb declared independence on 25th march 1971.

• General tikka replaced by Lt. general Niazi. Atrocities against Bengalis.

• Refugee problem. Bengalis started to cross indian border.

• India intervened on the pretext of restoring balance.

• On 16th December, dhaka fell.

DEC 1971 – JULY 1977:

• 20th dec Bhutto sworn in as president. He retained martial law too.

• Nationalization of oil refineries, petro chemicals, iron and steel mills, electricity generation plants
etc.

• No court had power to challenge his orders.

• Land reforms regulation 1972.

• Nationalization of private schools and colleges.

• Removal of government civil servants. Almost 1300 civil servants removed.

• Shake up in military command. Retired a number of military generals.

• Appointed general gul hasan as army chief.

• Put yahya under house arrest.

• 14 april 1972, gained vote of confidence from NA.

• Released mujeeb.
Asma Jilani Case (1971):

• Asma jilani – release of father malik Ghulam. (Punjab high court)

• Mrs. Zarina gauhar – release of husband altaf gouhar. (Sindh high court)

• Punjab and Sindh high courts both rejected their writs.

• In appeal supreme court reversed the decision. Called dosso vs. the state a bad decision. CMLA
called usurper.

• Because of this judgement Bhutto was forced to end martial law.

INTERIM CONSTITUTION OF 1972:

• Islamic republic of Pakistan.

• Fundamental rights.

• Principles of policy.

• Federation with president and vice president.

• Council of Islamic ideology.

• Presidential form of government.

• Unicameral legislature (only National assembly)

• Federal and concurrent list. Provincial list too.

• Parliamentary form of government

Simla agreement 1972:

• b/w Bhutto and Indira gandhi in june 1972.

• Agreement on 4 august 1972.

• Clauses:

• Ceasefire line shall be respected by both.

• Troops will be drawn out of india and pakistan

Zia ur rehman case:

• Supreme court held that objective resolution is above the interim constitution and that new
constitution needs to be made as per the objectives resolution.

• Also increased the powers of judicial review.

CONSTITUTION OF 1973:
• Fundamental rights

• Principles of policy.

• Parliamentary form of government.

• No powers with the president.

• Federal government.

• Bicameral legislature.

• Independence of judiciary.

• Islamic provisions.

• Emergency provision with the president.

• Urdu national language.

Enforced on 14 august 1973.

• 1 st amendment and recognition of Bangladesh.

• 2 nd amendment declared ahmadis non muslims.

• Coup attempt – armed men tried by major general zia ul haq.

• General elections in March 1977:

• 155 seats of ppp out of 200.

• Allegations of rigging the election.

• Pakistan National Alliance (PNA) launched. Mass protests. Martial law in Lahore, Hyderabad,
Karachi. (1977)

• General zia ul haq chief of army staff overthrew government on 5th july 1977 and dissolved the
assemblies.

JULY 1977 – AUG 1988:

• Zia ul haq regime.

• Put Bhutto and other political leaders under protective custody.

• Banned political parties.

• Announced that elections would happen in 90 days. (changed his mind later)

• Law (continuance in force) order 1977 – suspended fundamental rights.

• Gave fundamental rights after 2 days but conditioned them on no case being brought up against
CMLA.

• Elections announced for 18 October.

Murder Case of 1974:

• A murder case of 1974 surfaced and Bhutto was nominated in the FIR by mr. Kasuri. His father
Nawab Md. Ahmad had been shot. They revived the case in 1977.

• Bhutto was in direct conflict with military at that time.

• On 3 sep 1977, Bhutto was arrested by police under murder charges.

• Bail granted due to circumstantial evidence.

• Arrested again on 17 sep.

• Elections postponed under this chaos.

• Inquiries being conducted against assets of politicians.

• Zia withdrew 5 and 6 amendment which resulted in major shift in judiciary.

Nusrat Bhutto case 1977:

• Advocate yahya bakhtiar presented the case from nusrat Bhutto’s side. Said that marial law was
without legal authority.

• A.K. Brohi from zia ul haq’s side and claimed that petition was aimed at CMLA and so it is void.

• Result:

• Doctrine of necessity.

• SC gave validation to CML administrator.

• Fundamental rights were suspended.

Bhutto’s trial:

• Maulvi mushtaq (judge) adversary of bhutto, was appointed adhoc chief justice of Lahore high
court first, than chief election commissioner and then chief justice of SC. He heard the trial of
bhutto.

• Five judges heard bail petition of bhutto and rejected his bail (9oct 1977).
• A 5 judge bench heard case against bhutto. 3 of them against bhutto.

• Bhutto did not offer defence and boycotted the trial.

• 18 march 1978, bhutto was convicted of murder and given capital punishment.

• Appeal before supreme court that trial was unbiased and unfair.

• 9 judge bench made for the appeal. But 2 could not attend the trial due to delay of proceedings by
Bhutto’s lawyer yahya bakhtiar.

• Judgement in appeal. 4 to 3.

• 3 gave their dissenting note.

• Review application was unanimously dismissed by 7 judges.

• 4 april 1979, bhutto was hanged in Rawalpindi Central Jail.

• Neither nusrat bhutto nor Benazir bhutto were informed of burial.

• Zia did not conduct elections and made his cabinet.

• Hudood laws introduced.

• Nizam e islam.

• Formation of federal shariat court.

• Movement for restoration of democracy (MRD) created in October 1979.

• 1979 and the initiation of Afghan jihad.

• 1981 provisional constitution order (PCO) was made constitution for next 4 years.

• Lateral entry of army in civil services.

• Office of ombudsman.

• Referendum in 1984 “do you want nizam e islam”. Result was 5 year term for zia. Alliance with
jamat e islami.

• General elections in 1985. MRD boycotted the elections. It wanted party based elections.

• Constitutional development:

• Definition of muslim.

• Curb on activities of ahmadis.

• Islamization of law of evidence. Qanoon e shahadat order 1984.

• Islamic banking.

• Revived constitution through Revival of Constitution Order 1973 (RCO) on march 1985. 65 articles
amended. Article 2-A also inserted.
• 12 march elections of senate. Pakistan finally got a parliament.

• Muhammad khan junejo made PM by zia in march 1985.

• Mian Nawaz sharif was in his 30’s back then. He was appointed chief minister in Punjab.

• Brought 8th amendment and inserted 58(2)(b).

• Lifted martial law on 30 dec 1985. 8.5 years long martial law.

• Nusrat bhutto and Benazir bhutto joined the scene in 1984. Benazir came to Pakistan in 1985 and
took the leadership of PPP.

• Ojheri camp incident 10 april 1988.

• Skirmishes between zia and junejo after ojheri camp incident.

• May 1988, zia used 58(2)(b) and dissolved the PM and assemblies.

• Zia was killed soon after. Air crash on 17 august 1988 Bahawalpur.

• Some other generals and 2 American diplomats also died.

• Mr. aslam baig said that senate chairman should become president under the constitution and so
Ghulam ishaq became the president.

• Party based general election in 1988.

• Ppp won.

THE CONSTITUTION OF PAKISTAN 1973:

• Adopted on 14th august 1973.

• 280 articles.

• 26 amendments.

• Amendment bills 31.

Objective Resolution:

• Sovereignty with Allah.

• Federation.

• Democracy.

• Freedom, equality and tolerance.

• Federal form.
• Parliamentary system.

• Islamic injunctions.

• Fundamental rights.

• Integrity to be safeguarded.

• Equal rights and protection to minorities.

• Independence of judiciary.

• International peace and prosperity and happiness of humanity.

1) The Republic and its territories:

• (1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter
referred to as Pakistan.

• (2) The territories of Pakistan shall comprise:-

(a) the Provinces of Balochistan, the Khyber Pakthunkhwa, the Punjab and Sindh;

(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; and

(c) such States and territories as are or may be included in Pakistan, whether by accession or
otherwise.

(d) (3) Majlis-e-Shoora (Parliament) may by law admit into the Federation new States or areas on
such terms and conditions as it thinks fit.

2) Islam to be State religion:

• Islam shall be the State religion of Pakistan.

• 2A) The Objectives Resolution to form part of substantive provisions:

• The principles and provisions set out in the Objectives Resolution reproduced in the Annex are
hereby made substantive part of the Constitution and shall have effect accordingly.

3) Elimination of exploitation:

• The State shall ensure the elimination of all forms of exploitation.

4) Right of individuals to be dealt with in accordance with law, etc:

• (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right
of every citizen, wherever he may be, and of every other person for the time being within Pakistan.
• (2) In particular :- • (a) no action detrimental to the life, liberty, body, reputation or property of
any person shall be taken except in accordance with law; • (b) no person shall be prevented from or
be hindered in doing that which is not prohibited by law; and • (c) no person shall be compelled to
do that which the law does not require him to do.

5) Loyalty to State and obedience to Constitution and law:

• (1) Loyalty to the State is the basic duty of every citizen.

• (2) Obedience to the Constitution and law is the inviolable obligation of every citizen wherever he
may be and of every other person for the time being within Pakistan.

6) High treason:

• (1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or
conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or
show of force or by any other unconstitutional means shall be guilty of high treason.

• (2) Any person aiding or abetting or collaborating the acts mentioned in clause (1) shall likewise be
guilty of high treason.

• (2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court
including the Supreme Court and a High Court.

• (3) Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty
of high treason.

• 7) In this Part, unless the context otherwise requires, "the State" means the Federal Government,
Majlis-e-Shoora (Parliament), a Provincial Government, a Provincial Assembly, and such local or
other authorities in Pakistan as are by law empowered to impose any tax or cess.

FUNDAMENTAL RIGHTS:

8) Laws inconsistent with or in derogation of fundamental rights to be void.

9) Security of person:

• No person shall be deprived of life or liberty save in accordance with law.

10) Safeguards as to arrest and detention:

• No arrested person shall be detained in custody without being informed of the grounds for such
arrest.

• He shall not be denied the right to consult and be defended by a legal practitioner of his choice.
• Every person who is arrested and detained in custody shall be produced before a magistrate within
a period of twenty-four hours of such arrest.

• No such person shall be detained in custody beyond the said period without the authority of a
magistrate.

10A) Right to fair trial:

• Every person is entitled to a fair trial and due process.

11) Slavery, forced labour, etc. prohibited:

• Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into
Pakistan in any form.

• All forms of forced labour and traffic in human beings are prohibited.

• No child below the age of fourteen years shall be engaged in any factory or mine or any other
hazardous employment.

• Compulsory service (community service, service as punishment) is allowed but should not be
against the dignity of any person.

12) Protection against retrospective punishment:

• No law shall authorize the punishment of a person:-

• (a) for an act or omission that was not punishable by law at the time of the act or omission; or

• (b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by
law for that offence at the time the offence was committed.

13) Protection against double punishment and self incrimination:

• No person:-

• (a) shall be prosecuted or punished for the same offence more than once; or

• (b) shall, when accused of an offence, be compelled to be a witness against himself.

14) Inviolability of dignity of man, etc.

• (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

• (2) No person shall be subjected to torture for the purpose of extracting evidence.

15) Freedom of movement, etc.

• Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed
by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in
any part thereof.

16) Freedom of assembly:

• Every citizen shall have the right to assemble peacefully and without arms, subject to any
reasonable restrictions imposed by law in the interest of public order.

17) Freedom of association:

• Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or
morality.

• (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member
of a political party, subject to any reasonable restrictions imposed by law in the interest of the
sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government
declares that any political party has been formed or is operating in a manner prejudicial to the
sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such
declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

• (3) Every political party shall account for the source of its funds in accordance with law.

18). Freedom of trade, business or profession:

• Right to choose occupation Subject to such qualifications, if any, as may be prescribed by law,
every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct
any lawful trade or business:

Provided that nothing in this Article shall prevents the regulation of any trade or profession by a
licensing system; or

• The regulation of trade, commerce or industry in the interest of free competition therein; or right
to competitive marketplace.

19) Freedom of speech, etc:

• Every citizen shall have the right to freedom of speech and expression, and there shall be freedom
of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of
Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with
foreign States, public order, decency or morality, or in relation to contempt of court, commission of
or incitement to an offence.

19A) Right to information:

• Every citizen shall have the right to have access to information in all matters of public importance
subject to regulation and reasonable restrictions imposed by law.

20) Freedom to profess religion and to manage religious institutions:

• Freedom of religion Subject to law, public order and morality,-

• a. every citizen shall have the right to profess, practice and propagate his religion; and

• b. every religious denomination and every sect thereof shall have the right to establish, maintain
and manage its religious institutions.

21) Safeguard against taxation for purposes of any particular religion:

• No person shall be compelled to pay any special tax the proceeds of which are to be spent on the
propagation or maintenance of any religion other than his own.

22) Safeguards as to educational institutions in respect of religion, etc:

• No one can be forced to learn someone else’s religion.

• No discrimination on the basis of religion.

• Every religious community can provide instructions to their pupils.

• Every citizen can join any institution they desire.

• Government can make policies for any backward class anytime they want.

23) Provision as to property:

• Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan,
subject to the Constitution and any reasonable restrictions imposed by law in the public interest.

24) Protection of property rights:

• No person shall be deprived of his property save in accordance with law.

• No property can be acquired without a suitable compensation.

• The property that is a danger to person or environment can be acquired.

• Property acquired through unfair means can be acquired.

• Government can make laws for evacuee property or enemy property.

• Government can acquire any property for a limited period of time.

• Property can be acquired to use for a time being to provide a particular public service.
• Property can be acquired to provide infrastructure.

• Can acquire someone’s property to maintain it for him.

25) Equality of citizens:

• (1) All citizens are equal before law and are entitled to equal protection of law.

• (2) There shall be no discrimination on the basis of sex.

• (3) Nothing in this Article shall prevent the State from making any special provision for the
protection of women and children.

25A) Right to education:

• The State shall provide free and compulsory education to all children of the age of five to sixteen
years in such manner as may be determined by law.

26) Non-discrimination in respect of access to public places:

• 1. In respect of access to places of public entertainment or resort, not intended for religious
purposes only, there shall be no discrimination against any citizen on the ground only of race,
religion, caste, sex, residence or place of birth.

• 2. Nothing in clause (1) shall prevent the State from making any special provision for women and
children.

27) Safeguard against discrimination in services:

• Any qualified person cannot be stopped from joining the services on the basis of sex religion or
caste etc.

• Quota can be reserved for any class of people.

28) Preservation of language, script and culture:

• Any section of citizens having a distinct language, script or culture shall have the right to preserve
and promote the same and subject to law, establish institutions for that purpose.

PRINCIPLES OF POLICY:

29) Principles of Policy:

• Functions of different organs on the base of principle of policy.

• It is the responsibility of everyone to follow principles of policy.

• Principles of policy are subjected to resources.

• Reports to be made by provincial and central legislature as to the working and success of the
principles of policy.

30) Responsibility with respect to Principles of Policy:

• The organs or competent authority to decide if principles of policy were observed.

31) Islamic way of life:

• Steps and opportunities to lead life as per islam.

• Teaching and learning of islamiyat, holy quran and Arabic compulsory.

• State ensures the right printing of Holy Quran.

• Observance of Islamic moral standard.

• To secure the proper organisation of zakat ushr, auqaf and mosques.

32) Promotion of local Government institutions:

• The State shall encourage local Government institutions composed of elected representatives of
the areas concerned and in such institutions special representation will be given to peasants,
workers and women.

33) Parochial and other similar prejudices to be discouraged:

• The State shall discourage parochial, racial, tribal sectarian and provincial prejudices among the
citizens.

34) Full participation of women in national life:

• Steps shall be taken to ensure full participation of women in all spheres of national life.

35) Protection of family, etc:

• The State shall protect the marriage, the family, the mother and the child.

36) Protection of minorities:

• The State shall safeguard the legitimate rights and interests of minorities, including their due
representation in the Federal and Provincial services.
37) Promotion of social justice and eradication of social evils:

• Promotion of backward classes.

• Remove illiteracy.

• Provide education.

• Ensure justice.

• Provide good working conditions.

• Representation of people from whole Pakistan in services [37(f)]

• No gambling, drugs, prostitution or alcohol.

• Decentralization of government [37(i)]

38) Promotion of social and economic well-being of the people:

• Well being of people by providing equal opportunities to all

• Provide opportunities for work, rest and leisure.

• Social securities etc to people in the services.

• Basic necessities of life for all without discrimination.

• Reduce disparity in incomes.

• Elimination of riba.

• Allocation of shares to provinces.

39) Participation of people in Armed Forces:

• The State shall enable people from all parts of Pakistan to participate in the Armed Forces of
Pakistan.

40) Strengthening bonds with Muslim world and promoting international peace:

• The State shall endeavour to preserve and strengthen fraternal relations among Muslim countries
based on Islamic unity, support the common interests of the peoples of Asia, Africa and Latin
America, promote international peace and security, foster goodwill and friendly relations among all
nations and encourage the settlement of international disputes by peaceful means.

THE FEDERATION OF PAKISTAN:

THE PRESIDENT
41) The President:

• There shall be a President of Pakistan who shall be the Head of State and shall represent the unity
of the Republic.

• A person shall not be qualified for election as President unless he is a Muslim of not less than forty-
five years of age and is qualified to be elected as member of the National Assembly.

• The President shall be elected by the members of an electoral college consisting of the members of
both Houses and the members of the Provincial Assemblies.

• When office of president becomes vacant, election is held after 30 days but before 60 days. (30-60
days)

• If election not held within this period because national assembly is dissolved, then elections to be
held within 30 days of formation of new assembly.

• The validity of the election of the President shall not be called in question by or before any court or
other authority.

42) Oath of President:

• Oath before chief justice of Pakistan.

43) Conditions of President's office:

• No other office of profit.

• President cannot be member of national or provincial assemblies.

44) Term of office of President:

• 5 year term.

• After expiration of term president holds office till his successor comes in.

• Only two terms allowed.

• Can resign from office by writing to speaker.

45) President's power to grant pardon, etc:

• The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or
commute any sentence passed by any court, tribunal or other authority.

46) The Prime Minister shall keep the President informed on all matters of internal and foreign
policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-
Shoora (Parliament).
47) Removal or impeachment of President:

• Can be removed from office on the ground of physical or mental incapacity or impeached on a
charge of violating the Constitution or gross misconduct.

• One-half of the total membership of either House may give notice to the speaker or chairman and
inform them of impeachment.

• Such notice shall set out the particulars of his incapacity or the charge against him.

• If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the
Speaker.

• Speaker sends the copy of the notice to the president within 3 days.

• The speaker calls for joint proceeding of parliament within 7-14 days.

• Joint house conducts investigation.

• President gives his defence infront of joint session.

• 2/3rd majority of both houses in a joint meeting can impeach the president and he will be bound
to leave the office.

48) President to act on advice, etc:

• President acts on the advice of the PM.

• President can give 15 days to PM and his cabinet to reconsider the advice.

• President has to act on the advice within 10 days.

• The action of president based on his discretion cannot be called in question.

• The pm, his cabinet, minister or minister of state cannot be called in question for the advice they
tender.

• When president dissolves assembly, he conducts new elections within 90 days.

• Also appoints care taker cabinet.

• Prime minister can call a referendum after getting it approved from joint meeting of parliament.

• An Act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a
referendum and the compiling and consolidation of the result of a referendum.

49) Chairman or Speaker to act as, or perform functions of, President:

• If president is unavailable, speaker is the acting president.

• If speaker is unavailable, the chairman senate is the acting president.

• If president is abroad, chairman is acting president.

• If he is absent for any other reason, speaker is the acting president.

THE MAJLIS-E-SHOORA (PARLIAMENT)

50) Majlis-e-Shoora (Parliament):

• There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two
Houses to be known respectively as the National Assembly and the Senate.

51) National Assembly:

• 336 total seats including reserved seats for women and minorities.

• A person shall be entitled to vote if:

• He is a citizen of Pakistan.

• He is not less than eighteen years of age.

• His name appears on the electoral roll.

• He is not declared by a competent court to be unsound mind.

• Balochistan: General Seats 16, Women Seats 4, Total Seats 20.

• Khyber Pkhtunkhwa: General Seats 45, Women Seats 10, Total Seats 55

• Punjab: General Seats 141, Women Seats 32, Total Seats 173

• Sindh: General Seats 61, Women Seats 14, Total Seats 75

• Federal Capital: Total Seats 3.

• Minorities: 10 seats.

• Total: General Seats 266 + Women Seats 60 + minorities 10 seats = Total Seats 336.

• Seats allocated on the basis of last Census.

• Single member constituency and direct election for NA.

• The constituency for all seats reserved for non-Muslims shall be the whole country.

• Proportional representation of women and minorities in every party.

• If an independent candidate after winning joins a political party, it would be included in the
general seats won by that party.

52) Duration of National Assembly:

• The National Assembly shall, unless sooner dissolved, continue for a term of five years from the
day of its first meeting and shall stand dissolved at the expiration of its term.

53) Speaker and Deputy Speaker of National Assembly:

• Speaker and deputy speaker elected in first session from members of NA.

• Oath of speaker and deputy speaker in front of NA.

• In absence of speakers, deputy speaker is the acting speaker.

• If deputy speaker is also absent, then any member of NA as per rules of procedure.

• Deputy and deputy speaker cannot preside over their own impeachment proceeding.

• Speaker can resign by writing to president.

• Deputy speaker resigns by writing to speaker.

• Speaker or deputy speaker can be removed by 2/3rd majority of total membership of the house.

• When the National Assembly is dissolved, the Speaker continues in his office till the next speaker
comes in.

54) Summoning and prorogation of Majlis-e-Shoora (Parliament):

• President can call the session of assembly and prorogue it too.

• Atleast 3 sessions of NA each year.

• The gap between 2 sessions cannot be more than 120 days.

• NA has to meet for atleast 130 days in a year.

• 1/4th of NA membership can request speaker to call a session.

• When speaker calls the session only he can prorogue it.

55) Voting in Assembly and quorum:

• All decisions in NA taken by majority.

• Presiding officer cannot vote unless it’s a tie.

• 1/4th membership of NA constitutes the quorum.

56) Address by President:

• President can address either house.

• President can send any message to either house.

• President give first address to each general assembly after its election and each first session in a
new year.

• House makes time to discuss matters referred by the president.

57) Right to speak in Majlis-e-Shoora (Parliament):

• The Prime Minister, a Federal Minister, a Minister of State and the Attorney General shall have the
right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any
committee thereof, of which he may be named a member, but shall not by virtue of this Article be
entitled to vote.

Minister of state: junior minister to federal minister.

58) Dissolution of National Assembly:

• President can dissolve the assembly with immediate effect. If not with immediate effect than it
gets dissolved automatically within 48 hours.

• Prime minister can tender the advice only if he is not facing a vote of no confidence.

• President can also dissolve assembly if a vote of no confidence has been passed and no other
person commands the majority of the national assembly.

59) The Senate:

• Total 96 members.

• 14 members elected by each provincial assembly.

• 1 woman and 1 technocrat from capital.

• 4 women elected from each provincial assembly.

• 4 technocrats elected from each provincial assembly.

• 1 non muslim from each province.

The term of office of a person elected to fill a casual vacancy shall be the unexpired term of the
member whose vacancy he has filled.

• System of proportional representation.

• Single transferable vote.

• Senate cannot be dissolved.

• Term of 6 years.

• Half members retire after 3 years. System of rotation.

60) Chairman and Deputy Chairman:

• Chairman and deputy chairman elected on first session.

• If any of this office becomes vacant, senate can elect another chairman or deputy chairman.

• Term duration of both offices is 3 years.

61) Other provisions relating to Senate:

• The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall
apply to the Senate as they apply to the National Assembly and, in their application to the Senate,
shall have effect as if references therein to the National Assembly, Speaker and Deputy Speaker
were references, respectively, to the Senate Chairman and Deputy Chairman and as if, in the proviso
to the said clause (2) of Article 54, for the words one hundred and thirty the words one hundred and
ten were substituted

• Chairman and deputy chairman take oath before senate.

• Deputy chairman will be the acting chairman in his absence.

• Any member of senate can act as chairman if deputy chairman is also absent.

• Chairman and deputy chairman cannot preside a session where their removal is being under
process.

• The chairman can resign by writing to president.

• The deputy chairman can resign by writing to chairman.

• The office of chairman and deputy chairman can become vacant because of death, impeachment,
and if he ceases to be member of parliament.

• Chairman cannot leave office until new chairman comes in.

• Atleast 3 session of senate a year.

• Senate has to meet for atleast 110 days.

• Not more than 120 days can pass between 2 sessions.

• Quorum is 1/4th of membership.

• All decisions taken by majority.

62) Qualifications for membership of Majlis-e-Shoora (Parliament):

• A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora

(Parliament) unless:

• He is a citizen of Pakistan.
• He is not less than twenty-five years of age for NA and is enrolled as a voter.

• He is not less than thirty years of age for Senate and is enrolled as a voter.

• He is of good character and does not violate Islamic injunctions.

• Has adequate knowledge of Islam, practices obligatory duties and abstains from major sins.

• He is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the
contrary by a court of law. [62(1)(f)]

• He has not worked against the integrity of the country or opposed the ideology of Pakistan.

63) Disqualifications for membership of Majlis-e-Shoora (Parliament):

• A person shall be disqualified if:

• He is of unsound mind and has been so declared by a competent court.

• He is an undischarged insolvent.

• He ceases to be a citizen of Pakistan.

• He holds an office of profit in the service of Pakistan.

• He is for the time being disqualified under any law.

• He has been convicted by a court of competent jurisdiction for propagating any opinion, or acting
in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of
Pakistan, or the integrity, or independence of the judiciary of Pakistan, or which defames or brings
into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has lapsed
since his release.

• Had been convicted and 5 year period has not lapsed.

• Has been dismissed from the service of Pakistan and 5 years have not lapsed.

• He has been compulsorily retired and 3 years have not lapsed.

• 2 years have not lapsed since his last government service.

• If question of disqualification arises, the presiding officer sends the question to election
commission of Pakistan within 30 days.

• Election commission decides the matter within 90 days.

• If disqualified the person leaves the office.

63A) Disqualification on grounds of defection, etc.

64) Vacation of seats:

• Member can resign by writing to presiding officer.

• House can declare seat vacant if member remains absent for 40 consecutive days without notice.

65) Oath of Members:

• Oath made infront of the house.

66) Privileges of members, etc:

• Freedom of speech.

• Not answerable in court of law.

• Not liable to any publication.

• Other privileges being given under law.

• House can punish someone if he doesn’t cooperate with proceedings under law.

• Courts can also punish under this regard.

• Safeguard of confidential matters.

• These provisions apply to anyone who by law can attend the proceedings of parliament.

• For this article, majlis e shoora can mean either house, joint house, or any standing committee of
the house.

67) Rules of procedure etc:

• Both houses can make their own rules and procedure.

• Until rules are made the procedure and conduct of business in a House shall be regulated by the
rules of procedure made by the President.

68) Restriction on discussion in Majlis-e-Shoora (Parliament):

• No discussion shall take place in Majlis-e-Shoora (Parliament) with respect to the conduct of any
Judge of the Supreme Court or of a High Court in the discharge of his duties.

69) Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament):

• Proceedings in parliament cannot be called in question on basis of some regularity.

• No member is answerable to court for powers vested in him under the law.

• In this Article, Majlis-e-Shoora (Parliament) has the same meaning as in Article 66

70) Introduction and passing of Bills:

• Bill under federal legislative list can originate in any house.

• After being passed, it is sent to other house.

• If the Bill is passed without amendment by the other House also, it shall be presented to the
President for assent.

• If a Bill transmitted to a House is passed with amendments it shall be sent back to the House in
which it originated and if that House passes the Bill with those amendments it shall be presented to
the President for assent.

• If bill not passed by other house within 90 days, then the house in which it originated can ask for a
joint sitting.

• If in joint sitting passed by majority, it is sent to president for assent.

71) Mediation Committee: (omitted)

72) Procedure at joint sittings:

• The President, after consultation with the Speaker of the National Assembly and the Chairman,
may make rules as to the procedure with respect to the joint sittings of the two Houses.

• At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be
determined by the rules shall preside.

• The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied,
amended or replaced at a joint sitting.

• All decisions at a joint sitting shall be taken by the votes of the majority of the members present
and voting.

73) Procedure with respect to Money Bills:

• A Money Bill shall originate in the National Assembly.

• Copy of money bill is sent to senate which can make recommendations within 14 days.

• National assembly may or may not incorporate the recommendations.

• Bill is presented to president for assent.

• Money bill can mean:

• The imposition, abolition, remission, alteration or regulation of any tax

• The borrowing of money, or the giving of any guarantee, by the Federal Government, or the
amendment of the law relating to the financial obligations of that Government.

• The any transaction from Federal Consolidated Fund.

• Any transaction involving Public Account.

• Any matter incidental to above mentions.

• Speaker decides if a bill is a money bill.

• Money bills are presented to the president along with certificate from speaker declaring it to be
the money bill.

74) Federal Government's consent required for financial measures:

• A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve
expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of the
Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State
Bank of Pakistan shall not be introduced or moved in Majlis-e-Shoora (Parliament) except by or with
the consent of the Federal Government.

75) President's assent to Bills:

• Assent within 10 days for money bill.

• For other bills, president can send them back.

• Those bills are considered in joint meetings.

• If majority passes them they are sent to president again.

• If President fails to give assent within 10 days, assent is assumed to be given.

• Bill becomes an Act after assent from President.

76) Bill not to lapse on prorogation, etc:

• Bill doesn’t lapse due to prorogation of session.

• Pending bill in senate that has been passed by NA does not lapse if that NA is dissolved.

• Bill passed by senate pending in NA lapses if NA is dissolved.

77) Tax to be levied by law only:

• No tax shall be levied for the purposes of the Federation except by or under the authority of Act of
Majlis-e-Shoora (Parliament)

78) Federal Consolidated Fund and Public Account:

• All revenues received by the Federal Government, all loans raised by that Government, and all
moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known
as the Federal Consolidated Fund.
• All other moneys received by or on behalf of the Federal Government or received by or deposited
with the Supreme Court or any other court established under the authority of the Federation; shall
be credited to the Public Account of the Federation.

79) Custody, etc., of Federal Consolidated Fund and Public Account:

• Determined by the Act of majlis e shoora.

80) Annual Budget Statement:

• Federal government lays annual budget statement in front of the parliament every year. The
Annual Budget Statement shall show separately:

• the sums required to meet expenditure described by the Constitution as expenditure charged
upon the Federal Consolidated Fund;

• the sums required to meet other expenditure proposed to be made from the Federal Consolidated
Fund.

• and shall distinguish expenditure on revenue account.

81) Expenditure charged upon Federal Consolidated Fund:

• The following expenditure shall be expenditure charged upon the Federal Consolidated Fund:

• Expenditures of president.

• Judiciary.

• Election commissioner.

• Chairman and the Deputy Chairman.

• Speaker and the Deputy Speaker.

• Auditor-General.

• Administrative expenses.

• Debt.

• Any sums required to satisfy any judgement, decree or award against Pakistan by any court or
tribunal.

• Sums declared by the Constitution or by Act of Majlis-e-Shoora (Parliament) to be so charged.

82) Procedure relating to Annual Budget Statement:

• Charged expenditures are discussed but not submitted to voting.

• Assembly discusses and votes on grants asked by the government.

• No demand for a grant shall be made except on the recommendation of the Federal Government.

83) Authentication of schedule of authorized expenditure.

86) Power to authorize expenditure when Assembly stands dissolved.

87) Secretariats of Majlis-e-Shoora (Parliament)

88. Finance Committees:

• The expenditure of the National Assembly and the Senate within authorised appropriations shall
be controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its
Finance Committee.

• The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the
Minister of Finance and such other members as may be elected thereto by the National Assembly or,
as the case may be, the Senate.

• The Finance Committee may make rules for regulating its procedure.

89) Power of President to promulgate Ordinances:

• President can promulgate ordinance when parliament not in session.

• Ordinance has force of law.

• Life of 120 days.

• Can expire early if parliament dissolves it.

• Parliament can extend it for 120 days once.

• President has power to withdraw ordinance.

• Ordinance is a bill and if parliament passes it, it becomes an act.

THE FEDERAL GOVERNMENT

90) Exercise of executive authority of the Federation:

• Prime minister and his cabinet is the executive.

• Executive authority exercised in the name of president.

• In the performance of his functions under the Constitution, the Prime Minister may act either
directly or through the Federal Ministers.
93) Advisers:

• President appoints not more than 5 advisors on advice of pm.

• Pm can continue in office until successor comes in.

95) Vote of no-confidence against Prime Minister:

• 20 percent membership of NA passes a resolution.

• Voted between 3-7 days.

• Resolution cannot be passed during budget proceedings.

• If majority of NA passes the resolution, pm has to leave the office.

97) Extent of executive authority of Federation:

98) Conferring of functions on subordinate authorities

99) Conduct of business of Federal Government:

• Executive actions in name of president.

• Federal government can make rules to conduct its business.

100) Attorney-General for Pakistan

1. The President shall appoint a person, being a person qualified to be appointed a Judge of the
Supreme Court, to be the AttorneyGeneral for Pakistan.

2. The Attorney-General shall hold office during the pleasure of the President and shall not engage in
private practice so long as he holds the office of the Attorney-General.

3. It shall be the duty of the Attorney-General to give advice to the Federal Government upon such
legal matters, and to perform such other duties of a legal character, as may be referred or assigned
to him by the Federal Government, and in the performance of his duties he shall have the right of
audience in all courts and tribunals in Pakistan.

4. The Attorney-General may, by writing under his hand addressed to the President, resign his office

153) Council of Common Interests:

• Appointed by the President.

• The Council shall consist of:

• The Prime Minister who shall be the Chairman of the Council.

• The Chief Ministers of the Provinces.

• Three members from the Federal Government to be nominated by the Prime Minister from time to
time.

• The Council shall be responsible to Majlis-e-Shoora (Parliament) and shall submit an Annual Report
to both Houses of Majlis-e-Shoora (Parliamen)

154) Functions and rules of procedure:

• Deals matters in federal legislative list and related organs.

• Constituted within thirty days of the Prime Minister taking oath of office.

• Must meets once in 90 days.

• Prime Minister may convene a meeting on the request of a Province on an urgent matter.

• Decision taken by majority.

• Parliament or council, both can make rules of procedure for council.

• Parliament can issue directions to council which are not binding.

• If the Federal Government or a Provincial Government is dissatisfied with a decision of the Council,
it may refer the matter to Majlis-e-Shoora (Parliament) in a joint sitting whose decision in this behalf
shall be final.

• 156) National Economic Council:

• President constitutes NEC.

• Consist of:

• The Prime Minister, who shall be the Chairman of the Council.

• The Chief Ministers and one member from each Province to be nominated by the Chief Minister.

• Four other members as the Prime Minister may nominate from time to time.

• The National Economic Council shall review the overall economic condition of the country and
shall, for advising the Federal Government and the Provincial Governments, formulate plans in
respect of financial, commercial, social and economic policies; and in formulating such plans, it shall,
amongst other factors, ensure balanced development and regional equity and shall also be guided
by the Principles of Policy.

• Chairman or one half of a council can call a meeting.

• Meets atleast twice a year.

• Quorum is half membership.

• The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual
Report to each House of Majlis-e-Shoora (Parliament)

176) Constitution of the Supreme court:

• The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and
so many other Judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so
determined, as may be fixed by the President.

177) Appointment of Supreme Court Judges:

• President appoints the judges.

• A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and
has for a period of not less than five years been a judge of a High Court.

• Or has for a period of not less than fifteen years been an advocate of a High Court.

178) Oath of Office Before entering upon office:

• CJ before President.

• Other judges before CJ.

179) Retiring age:

• A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he
sooner resigns or is removed from office in accordance with the Constitution

184) Original Jurisdiction of Supreme Court:

• Disputes in federal governments and provincial governments.

• Declaratory judgements only.

• Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a
question of public importance with reference to the enforcement of any of the Fundamental Rights,
have the power to make an order of the nature mentioned in the said Article. [184(3)]

185) Appellate jurisdiction of Supreme Court:

• Hear and determine appeals from judgements, decrees, final orders or sentences of a High Court.

• An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a
High Court if:

• If on appeal HC reversed the sentence and gave punishment.

• If HC withdrew case from subordinate court on its own and gave punishment.

• Punishment on case of contempt of HC.

• 50,000 worth or dispute property.

• Claim of like amount.

• If HC certifies that question of law is involved.

• Leave to appeal from SC.

186) Advisory Jurisdiction:

• If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme
Court on any question of law which he considers of public importance, he may refer the question to
the Supreme Court for consideration.

• The Supreme Court shall consider a question so referred and report its opinion on the question to
the President

199) Jurisdiction of High Court:

• On application of any aggrieved party:

• Mandamus.

• Prohibito.

• Certiorari.

• On application of any person:

• Habeas corpus.

• Quo warranto.

Enforcement of fundamental rights.

Provincial Governments:

Governor (101-105):

Governor appointed by president on advice of PM.

Governor should be 35 years of age and eligible to become member of NA.

Governor can resign by writing to president.

Makes oath in front of chief justice of high court.

Cannot hold any other office of profit.

Cannot remain member of central or provincial assembly.

In governor’s absence, speaker of the provincial assembly is the acting governor.

Governor acts on the advice of chief minister.

Can promulgate ordinance for 90 days.

Chief minister (129-140A):

Executive authority lies with the chief minister.

Chief minister makes his cabinet.

Principle of collective responsibility.

Can advice governor to dissolve assembly.

Provincial assembly (106-128):

Duration of 5 years.

Direct elections.

Single member constituency.

Seats reserved for women and non muslims.

Elect speaker and deputy speaker in first session.

Balochistan: general seat 51+ women seats 11 + minority seats 3 = total 65

Sindh: general seats130 + women seats 29 + minority seats 9 = total 168

Punjab: general seats 297 + women seats 66 + minority seats 8 = 371

Kpk: general seats 99 + women seats 22 + minority seats 3 = 124.

Centre – Province Relations:

Distribution of legislative powers (141-144):

Federal legislates on federal list.

Provinces legislate on provincial list.

Central legislature and provincial legislature both can make general laws like civil law, criminal law
etc.

In case of inconsistency, federal law prevails.

Parliament can make law for a province if they so request.

Administrative relations between federal and province (145-152):

Governor acts as an agent of president in the province.

Federation has power to confer any specific authority onto any province through act of majlis e
shoora.

Province ensures compliance with federal law.

The capital is liable to protect the province from any external aggression etc.

Federation can give directions to the province to exercise executive authority.

Federation can also give directions to province to exercise executive authority for the purpose of
preserving peace and tranquillity in Pakistan.

Credit to be given to provinces on good performance.

Trade and commerce free throughout Pakistan.

Parliament can restrict free trade in case public interest is at stake.

Federation has power to acquire lands in the province subject to compensation.

Article 153 – council of common interest.

Article 156 – national economic council.

Article 158 – priority of natural gas.

Financial relations between federation and province (162 -171):

National finance commission (art. 160):

President forms the NFC.

Not more than 5 year interval.

Constitution:

Minister of Finance of the Federal Government.

Ministers of Finance of the Provincial Governments.

Such other persons as may be appointed by the President after consultation with the Governors of
the Provinces.
Functions of NFC:

Makes recommendations to the president as to:

Distribution of net proceeds of taxes (income taxes, import taxes etc.) between centre and
provinces.

Grants given to provincial governments by federal government.

Regulates the borrowing by centre and provinces.

Any matter relating to finance referred to the Commission by the President.

The share of NFC of each province cannot be lessened than its previous share.

Federal finance minister and provincial finance minister make reports biannually about
implementation of NFC award and submit them to their respective legislatures.

The recommendations are laid before the house and the provincial assemblies.

The president may make amendments to the final draft.

President can also make grants to the provinces under charged expenditures of FCF.

The president than allocates shares to the provinces (called NFC award).

57.5% of NFC award goes to provinces.

NFC formula:

Population – 80%

Poverty – 10%

Provincial GDP and revenue generation – 5%

Urban density – 2.5%

Royalty from natural gas to be given to provinces.

Taxes collected from well-head of natural gas go to the province.

Profits from hydro-electric stations go to the province.

Provincial assemblies to impose taxes on profession, trade etc. under limit prescribed by parliament.

The province and federation both can ask for grants out of federal consolidated fund.

Auditor general sees the federal and provincial accounts.

Relations between federation and provinces as to property, suits and liabilities (172-174):

Ownerless property in province belongs to the province and vice versa.

Reserves in continental shelf and beyond territorial waters belong to federal government.
Mineral oil, natural gas etc found in a province or adjacent waters belong to both federal and the
provinces.

Federal and provincial government can acquire property in provincial land.

Transfer of land by federal and provincial government to be regulated by law.

The federation may sue or be sued by name of Pakistan.

The province may sue of be sued by name of the province.

Articles to memorize:

143 – inconsistency between federal and provincial law.

151 – inter provincial trade.

153 – council of common interest.

156 – national economic council.

158 – priority of natural gas.

160 – national finance commission.

174 – suits and proceedings.

Amendments to the Constitution of 1973:

1st amendment: 4th may 1974.

References to East Pakistan removed.

Territories of Pakistan confirmed.

Political rights i.e to form party and be part of any party.

Note able article 2 and 4.

The second Islamic Summit conference was to be held at Lahore in 1974. Bhutto invited mujeeb to
attend the conference who posted the condition that Bangladesh be recognized first. So in 1974
Bhutto recognized Bangladesh and first amendment was made to the constitution.

2nd amendment:

17th September 1974.

Qadianis (ahmadis) declared non muslims.

Any person who does not believe in the finality of prophet is non muslim
Notable articles 2 and 260.

The anti ahmadiya protests in 1953 rocked Lahore and as a result marital law was imposed. In 1974,
another agitation erupted that threatened Bhutto regime. In 1974, some students travelling from
multan to Peshawar stopped at Rabwah- an Ahmadi town- and shouted offensive slogans. On their
return the ahmadis were ready with knives and injured 30 students. This incident forced Bhutto to
declare ahmadis non muslims.

3rd amendment:

13 February 1975.

Preventive detention and emergency powers.

Notable articles10 and 232. Bhutto was an intolerant person and started penalizing all his political
opponents through house arrests and preventive detentions. Previously the courts had power to
grant bail before arrest. Bhutto brought amendment in CrPC to curtail that power of courts.
Afterwards he introduced 3rd amendment to curtail the rights of detenu and widened the scope of
preventive detentions.

4th amendment:

21st November 1975

Increase in seats of minorities.

Jurisdiction of courts curtailed.

Notable articles: 51, 199, 271 and 273 (national and provincial assemblies)

Under this amendment Bhutto curtailed the writ jurisdiction of high courts. High courts were
prohibited to make a preventive order to grant bail to anyone so detained. The passing of the
amendment was unfortunate. The opposition members who wanted to debate the curtailment of
powers of judiciary were thrown out of the assembly by sergeant at arms and were detained.

5th amendment:

16th September 1976.

Powers of higher judiciary curbed.

Appointment of governor.

Notable articles: 101, 179, 192, 195, 199.

Two senior judges Maulvi Mushtaq Hussain and Sardar Iqbal, both became rivals and started
propagating their rivalry destroying the peace in bar and court. They both were elevated to higher
level and they both rejected the elevation only to cause harm to each other. Besides the judicial
appointments became a matter of patronage. To resolve all these matters 5th amendment was
introduced.
6th amendment:

13th November 1976

Retirement age of supreme court and high court judge maintained at 65 and 62.

Notable articles: 179, 195, 260. It was an overnight amendment.

Under this amendment the retirement of chief justices of supreme court and high court were made
conditional. Even after retirement age they could still hold office if they hadn’t spend 5 and 4 years
respectively in the office. Bhutto made this amendment only to favour a friend cjp Yakub Ali who
was due to retire in the middle of 1977 after serving for less than 2 years as CJP.

7th amendment:

16th may 1977.

Limited jurisdiction of High Court.

Prime minister can obtain vote of confidence whenever he deems fit.

Notable articles: 96-A, 245

The pressure from PNA on Bhutto to resign was getting real and tight. Bhutto wanted them to drop
their demand of dissolution of NA. After failing in the attempt, Bhutto came up with the scheme of
conducting a referendum to show his majority in the parliament. So 7th amendment was introduced
in the constitution under which Bhutto was to obtain a vote of confidence from assembly and show
to his rival PNA and the public that he is the real leader in NA. The amendment also limited the
jurisdiction of HC for armed forces where they were acting in aid of civil power.

8th amendment:

11th November 1985.

Power to dissolve assemblies given to president.

Change of system from parliamentary to presidential.

Notable article 58, 270-A

Zia ul haq revived the constitution through a President’s Order (RCO). More than 65 articles were
amended. The purpose of it was to give additional powers to the president. The amendment
changed the parliamentary form to presidential form.

9th amendment:

1985 (not passed)

Enforcement of sharia law.

Notable articles 203-B, 203-D A bill to contribute in the Nizam e islam of zia ul haq.

10th amendment:

25th march 1987.

Intervening period between sessions of National Assembly changed

Notable articles 54 and 61.

11th amendment:

1989 (not passed)

Bill to bring 20 women seats to national assembly.

Notable amendment: Article 51.

12th amendment:

1991.

Special trial courts made for 3 years.

Article 212-B inserted, which repealed automatically after three years.

Amendment in the aftermath of Afghan war made during first Nawaz era.

13th amendment:

1997

Power of president to dissolve assemblies withdrawn.

Transfer of powers to PM.

Restoration of parliamentary democracy.

Notable articles: 58(2)(b), 101, 112, 243.

Amendment made in Nawaz’s second term. He was the prime minister and possessed more than
2/3rd majority in NA.

14th amendment:

3 july 1997.

Disqualification of members on the basis of defection.

Article 63A inserted.

In second term of Nawaz to counter horse trading and bring stability in the house.

15th amendment:

28 August 1998 (not passed)

Quran and Sunnah supreme law of land.

Enforcement of sharia law.

Insertion of Article 2B. Amendment in article 239.

Nawaz sharif tried to pass the bill to control the organs under pretext of islam. The factions within
his own party were not satisfied but had to give up under will of Nawaz. The bill was passed from NA
but was never put to vote in senate because pmln did not have majority there and bill was expected
to fail.

16th amendment:

1999

Quota in services reserved for backward classes.

Notable article: 27

17th amendment:

2003

Reversed 13th amendment.

Increase in powers of president.

Semi presidential system.

Notable articles 41, 58, 270AA

Amendment was passed by Musharraf to increase the power of the president.

18th amendment:

19th april 2010.

Reversal of 17th amendment.

Parliamentary system.

Power of president to dissolve assembly withdrawn.

Autonomy to provinces.

Name of NWFP changed to KPK.

Almost 102 articles amended. PPP passed the amendment and it was unanimously passed by the
house.

19th amendment:

22 December 2010.

Related to judiciary.

Notable articles 81, 175, 175A

Under 18th amendment the process of appointment of judges was 2 step which was challenged in
the court of law and declared ultra vires to the constitution by judiciary. So to change the process
19th amendment had to be made.

20th amendment:

28 February 2012.

Regarding elections and election commission.

Article 224A inserted in the constitution.

The amendment was made to bring the election commission of Pakistan in line with the 18th
amendment.

21st amendment:

7 January 2015.

Formation of military courts for 2 years.

Article 175 and 1st schedule of the constitution.

Made in the aftermath of APS attack.

22nd amendment:

9 june 2016.

Changes related to election commission of Pakistan.

Some minute generic changes.

Notable articles 213, 215, 218

23rd amendment:

7 January 2017
Re establishment of military courts for further 2 years.

24th amendment:

22 December 2017.

Changing in the number of seats allocated to NA (342 seats).

Notable article: 51

25th amendment:

31st march 2018.

Merger of FATA with KPK.

Notable articles: 1, 51, 59,62, 106, 246.

7 agencies in FATA ended.

Equality of law for whole KPK.

26th amendment:

2019

Number of seats in NA changed to 336.

Notable articles: 51, 106.

18th Amendment:
Nwfp changed to KPK. Spelling change in Sindh and Balochistan – Article 1.

Modification in definition of high treason – article 6.

Insertion of right to fair trail – article 10A.

Substitution in freedom of association – article 17.

Insertion of right to information – article 19A.

Insertion of right to education – article 25A.

Right of the president to be informed – article 46.

Conduction of new elections if assembly dissolved within 90 days – article 48.

Number of seats changed to 342 – article 51.

58(2)(b) removed.
Senate members changed to 104 – article 59.

Qualifications, disqualification, and disqualification on the ground of defection – article 62, 63, 63A.

Local governments inserted – article 140A

Provincial autonomy, but federal law prevails – article 143.

Composition of council of common interest changed – article 153.

National economic council to review the economic well being – article 156.

National finance commission. Share of provinces cannot be lessened than their previous share –
article 160.

Formation of judicial commission of Pakistan – article 175A.

Power of removing judges with supreme judicial council – article 209.

Election except for PM and chief minister to be by secret ballot – article 226.

FOREIGN POLICY AND ITS DETERMINANTS:

• A policy pursued by nations in its dealings with other nations, designed to achieve national
objectives.

• Self interest strategies chosen by the state to guard its relations with the world.

• As per ministry of foreign affairs, following are the foreign policy objectives of Pakistan:

 Promotion of Pakistan as a dynamic, progressive, moderate, and democratic Islamic

country.
 Developing friendly relations with all countries of the world, especially major powers
and immediate neighbours.
 Safeguarding national security and geo-strategic interests, including Kashmir.
 Consolidating our commercial and economic cooperation with international
community.
 Safeguarding the interests of Pakistani Diaspora abroad.
 Ensuring optimal utilization of national resources for regional and international
cooperation.

Formulation of Foreign policy in Pakistan:

• Troika – PM, President, COAS.

• Ministry of Foreign affairs.

• Parliament.
Determinants of foreign policy:

 Internal determinants.
 External determinants.

Internal determinants/ factors:

• Size.

• Geography.

• Public opinion.

• History and culture.

• Economic development.

• National capacity.

• Social structure.

• Ideology of state.

• Military might.

• Technological progress.

• Form of government.

• Leadership.

External determinants:

• Global dynamic.

• Geostrategic location.

• Role in global politics.

• Role in regional politics.

• Alliances.

• Balance of power.

• Might of close neighbours.

• War and peace of region.

Challenges of foreign policy making in Pakistan:

 Internal challenges.
 External challenges.
Internal challenges:

• Militancy.

• Internal sovereignty.

• Religion factor.

• Internal disturbances.

• Economic factor.

• Public opinions.

• Pressure groups.

External challenges:

• Indian factor.

• Regional security environment.

• External sovereignty.

• Pressure from super power.

FOREIGN POLICY OF PAKISTAN OVER THE DECADES:

From (1947-1953):

• Proclaimed neutrality but liaquat ali khan went to official tour to USA right after formation of
Pakistan.

• Kashmir issue taken to UNSC in 1948, where right to plebiscite for kashmiris was agreed upon. The
plebiscite didn’t happen till yet.

Era of alliances (1954-1962):

• SEATO (south east asia treaty organization) 1954.

• CENTO (the Baghdad pact) 1955.

• Pro western policies.

• Aloofness from arab world.

• Pakistan could not support nationalization of oil by Iran (1951) and nationalization of Suez canal
(1956) by Egypt.

• Pakistan india war in 1965 and 1971.

• India’s policy of neutrality.

• U-2 spy plane incident.

• As a result USSR vetoed resolution (1962, 1971) of intervention in UNSC.

Era of bilateralism (1962-1971):

• Border agreement with China to increase bilateral relations with it in 1963.

• Regional Cooperation Development (RCD) with Turkey and Iran 1964.

• Middle East crisis of 1967 (Arab-Israel war), Pakistan supported Arab countries (Egypt, Jordan,
Syria)

• Good relations with Saudia Arabia.

• Arms shopping after war of 1971 with India.

Era of non alignment (1972-1979):

• Withdrawal of Pakistan from Seato in 1973 and CENTO in 1979.

• Recognition of communist countries like democratic republic of North Korea.

• Strong ties with muslim bloc.

• Change in policy towards USSR.

• Simla pact with India.

• Joined NAM (non alignment movement)

• Held second summit conference of OIC in Lahore in 1974.

• Initiation of nuclear programme.

Afghan jihad era (1979-2001):

• Supported USA against USSR invasion in Afghanistan.

• Support to afghan mujahideen.

• Joint intelligence operations.

• Stinger missiles and US tech.

• Disagreement on nuclear programme so USA stopped the aid to Pakistan.

• Saarc in 1985.

• Pressler amendments in 1985.

• Brown amendments 1995 (advance for F16s returned to Pakistan)

• Nuclear explosion in 1998.

• Government in Kabul.

War on Terror (2001-2013):

• Pakistan joined USA again.

• The sanctions from Pakistan were lift.

• Turned back on talibans.

• Opened air space to USA.

• Breach of sovereignty by USA.

2013 till present:

• Balanced relations with big powers.

PAKISTAN’S RELATIONS WITH BIG POWERS:

• Pak-US relations.

• Pak-China relations.

• Pak-Russia relations.

• Pak-India relations.

PAK-US RELATIONS:

• Joined US block on independence.

• Normalization.

• 1970’s-1979 decline.

• Normalization.

• 1990s-2001 decline.

• Normalization.

• 2011-2019 decline.

• Normalization.

• In 1985 to 1990s pressler amendments and brown amendments.

• 2001 and WOT.

• Non-Nato ally status/frontline state.

• Kerry lugar bill 2010-2014.

• Since 2011 relations declined:

• Haqqani network. Clearance of militancy from tribal areas.

• Drone attacks on Pakistani soil.

Mullah mansoor was killed and talks with Afghanistan were halted.

• Raymond Davis episode 2011.

• Salala checkpost episode 2011.

• Osama bin laden episode 2011.

• Donald Trump and DO-MORE demand.

• NO-MORE-DO-MORE response.

• Trump’s south Asia policy.

• Grey listing of Pakistan.

• Trump’s letter to IK.

• Afghan peace process.

• Peace agreement.

PAK-CHINA RELATIONS:

• Relations established in 1951.

• Chinese vice president visit to Pakistan in 1955.

• Visit of PM shuhrawardy to China in 1956.

• Border agreement (boundary agreement) in 1963.

• PIA flights opened to china in 1964.

• We paved the way for US-China relations in 1970.

• Korakaram Highway linking Pakistan and China through road in 1978.

• Production and development of JF-17 in 1999.

• Preferential trade agreement 2003.

• Free trade agreement 2006.

• JF-17 inducted in Pakistan Air force in 2010.

• CPEC Mou in 2013.

• 16bn dollar trade between the two in 2015, “year of friendly exchanges” celebrated.
• 2015 CPEC. 46bn dollar project.

• Pakistan launched first remote sensing satellite from Chinese satellite station in 2018.

PAK-RUSSIA RELATIONS:

• Troubled past.

• U-2 spy plane.

• We recruited and trained mujahideens that defeated USSR.

• Seato and Cento.

• India-USSR alliance 1958 onwards.

• Areas of cooperation:

• Pakistan Steel Mills in Karachi.

• Tashkent Declaration.

• Oil and gas development corporation ltd. (OGDCL)

• Current scenerio:

• President’s visit to Russia in 2011.

• Jilani-Putin meeting in 2011.

• Joint forces exercise in 2012.

• PM IK meeting with Russian PM on the sidelines of China International Imports Expo in 2018.

• Two meetings of shah mehmood Qureshi with Russian counterpart in 2018.

• Bilateral trade between two countries is increasing steadily. Pakistan’s major exports to Russian
market include, cotton, textiles, leather, synthetic fabrics, rice, fruits, surgical and sports goods.

• Our major imports include fertilizers, chemical elements and compounds, rubber, tyres and tubes,
paper and paper board, iron and steel (raw and manufactured products) and machinery.

• Inter Governmental on the Construction of North-South Gas Pipeline from Karachi to Lahore in
2015.

• Played role in peace process.

• Defence Cooperation Agreement in 2014 brought us 4 Mi-35 gunship helicopters.

• COAS visited Russia in 2018.

• Russia participated in our military exercise called Aman-2019.

PAK-INDIA RELATIONS:

• Kashmir issue (1948, 1965).

• 1948 war- Maharaja called India to help after tribesman from Kashmir and internal revolt
aggravated the situation.

• War in 1971. east Pakistan debacle.

• 1972 simla agreement.

• 1974 india becomes nuclear power (Pokhran).

• 1988 agreement to not hurt each other’s nuclear installation sites.

• 1998 Pakistan becomes nuclear power (chaghi).

• Lahore declaration in 1999- to avoid nuclear race.

• Musharraf and kargil war in 1999- Kashmiri rebels occupied strategic posts in indian occupied
kashmir.

• 2001 armed attack on Indian parliament. 13 people dead. Lashkar e taiba and jaish e mohammad
blamed. Violations on LOC. Peace in 2002.

• Composite dialogue process initiates in 2004. india reduces its troops in Kashmir.

• 2007 attack on samjhota express (Pakistan-india train) near delhi. 68 people killed.

• India joins TAPI 2008. It’s a 7.6bn gas pipeline project.

• 2008 coordinated attacks in various places in India. The only attacker that is captured (Ajmal
Kasab) says that Lashkar e taiba was involved. India cuts off all the ties.

• 2009 Pakistan admits that Bombay attacks may have been planned on Pakistani soil, but denies
involvement. India gives a dossier to Pakistan to prosecute hafiz saeed, the head of jamat ud dawa
(Islamic charity of Lashkar e taiba)

• 2014 Pakistan releases indian fishermen as a goodwill gesture on inauguration ceremony of modi.

• 2015 modi’s surprise visit to Pakistan on Nawaz sharif’s birthday.

• 2016 killing or Burhan Wani and Uri attacks.

• 2016 surgical strikes in Pakistan administered Kashmir.

• 2019 pulwama attack (jaish e mohammad)

• Balakot air strikes.

• Mig-21 was shot down and the pilot was captured. We returned the pilot in March.

BEST OF LUCK!