Commencement of the Constitution

IndiaCitizenship at the commencement of the Constitution:At the commencement of this Constitution, every person who has his domicile in the territory of India and (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of IndiaUSA The U.S. Constitution established Americas national government and fundamental laws, and guaranteed certain basic rights for its citizens. It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia, presided over by George Washington. Under Americas first governing document, the Articles of Confederation, the national government was weak and states operated like independent countries Pakistan (1)This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.

(2)Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one thousand nine hundred and seventy three or on such earlier day as the President may, by notification in the official Gazette, appoint, in the Constitution referred to as the "commencing day."

(3)The Constitution shall, to the extent necessary(a)for the constitution of the first Senate;

(b)for the first meeting of a House or a joint sitting to be held;

(c)for the election of the President and the Prime Minister to be held; and

(d)to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day,

Come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day.

(4)Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any Court or office, or the appointment of any Judge or office there under, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provisions, then that power may be exercised at any time between the enactment of the Constitution and its commencement

OrThe Constitution claims to be an act of "We the People." However, because it represents a generalsocial contract, there are limits on the ability of individual citizens to pursue legal claims allegedly arising out of the Constitution. For example, if a law was enacted which violated the Constitution, not just anybody could challenge the statute'sconstitutionalityin court; instead, only an individual who was negatively affected by the unconstitutional statute could bring such a challenge.[54]For example, a person claiming certain benefits that are created by a statute cannot then challenge, on constitutional grounds, the administrative mechanism that awards them.[55]These same principles apply to corporate entities,[56]and can implicate the doctrine ofexhaustion of remedies.[57] Nature of Pakistan constitution TheConstitution of the Islamic Republic of Pakistanalso known as the1973 Constitutionis the supreme law of theState of Pakistan.[1]Drafted by the government ofZulfiqar Ali Bhutto, with additional assistance from the country'sopposition parties, it was approved by the Parliamenton April 10 and ratified on 14 August 1973. The original document was drafted by veteran politician M.G.B. Bizenjo and Abdul Hafiz Pirzada. Once the then law minister Abdul Hafiz Pirzada said in a TV interview that the architect of 1973 constitution was Mir Ghaus Baksh Bizenjo.[2]It is Pakistan's third constitution and has been amended several times OR

Nature of democracy IndiaThe Constitution of India isfederalin nature butunitaryin spirit. The common features of a federation such aswrittenConstitution, supremacy of Constitution, rigidity of Constitution, two government,powers, bicameralismand independentjudiciaryas well as unitary features likesingle Constitution, singlecitizenship, integrated judiciary, flexible Constitution, a strongCentre, appointment ofstate governorby the Centre,Services, Emergencyetccan be seen in Indian Constitution.

USA Nature of democracy The problem is that the humanist form of democracy, such as that practiced in much of the rest of the world, operates from the false concepts of relativism and that everybody is exactly the same. They think in terms of the rights of man, not the rights of individuals as we do in America.

They then attempt often through state power to create this myth in the real world. This is the source of the conflict in American politics today in my opinion.Democracy is only as functional as the nation and culture the voters live in. America was never founded as a democracy, but a constitutional republic. The Constitution was designed to protect individual liberty from the state - and the irrational mobs that can sometimes overcome the political system.Pakistan Democracy and participatory governance are popular political notions in todays world. Fair and free elections are the key pre-requisite of democracy. However, democracy lacks substance unless the electoral process is coupled with the supremacy of the constitution, the rule of law, and civil and political rights and freedoms for the people. The state must practice the principle of equal citizenship irrespective of religion, caste, ethnicity and regional background. It must also ensure equality of opportunity to all for advancement in social, economic and political domains and guarantee security of life and property of its citizens. While it easy for the rulers, political leaders and parties, and others to pronounce their commitment to these principles, the real challenge lies in making them operational. The key question is how does one create and sustain institutions and processes that reflect the spirit of democracy and participatory governance? A large number of states are unable to fulfill these conditions. The commitment of many rulers, leaders, and organizations to democracy is merely rhetorical or they view democracy as an instrument to achieve power and then implement a partisan non-democratic agenda. Others selectively employ some aspects of democracy to create a faade. Still others hold elections, establish elected legislative bodies and install elected governments but do not empower these institutions and the people holding key positions in them. Power is thus exercised by an elite group while a semblance of democracy is created to legitimize its rule. These operational realities create the problem of quality and substance of democracy.Or

Democracyis one of the ideologies and systems upon whichPakistanwas sought to beestablished in 1947as anation-state, as envisaged by the leader and founding father of the nation,Muhammad Ali Jinnah. Pakistan constitutionally is a democraticparliamentary republicwith its politicalbased on an elected form ofgovernance.

Basic features Fundamental rightsIndia 1. Right to equality2. Right to freedom3. Right against exploitation4. Right to freedom of religion5. Cultural and Educational rights6. Right to constitutional remedies7. Right to lifeUSA 1 Right toself-determination [1]2 Right toliberty [2]3 Right todue process of law [2]4 Right tofreedom of movement [3]5 Right tofreedom of thought [4]6 Right tofreedom of religion [4]7 Right tofreedom of expression [5]8 Right topeaceably assemble [6]9 Right tofreedom of association [7]Pakistan Contrary to1956and1962 articles, several ideas in the Constitution were new, and guaranteed security of the each citizens of Pakistan. First part of the Constitution introduce the definition ofState, the idea ofproperty, individual,prohibitionofslavery, preservation oflanguages,right to fair trail, and providedsafeguardas to arrest and detention as well as providing safeguards against discrimination in services.[21][22]

Doctrine of separation of powers India The doctrine of separation of powers has no place in strict sense in Indian Constitution, but the functions of different organs of the Government have been sufficiently differentiated, so that one organ of the Government could not usurp the function of another. In Constituent Assembly Debates Prof. K.T. Shah a member of Constituent Assembly laid emphasis to insert by amendment a new Article 40-A concerned with doctrine of separation of powers.USA U.S.A.: Usually it is said that the principle of separation of powers finds a good mention in the Constitution of United States; while the Federal Constitution of the United States of America does not expressly provide for the principle of separation of powers. Having reliance on the doctrine of Montesquieu, Madison, the Federalist observed; The accumulation of all powers legislative, executive and judicial, in the same hands whether of one, a few or many and whether hereditary, self appointed or elective, may justly be pronounced the very definition of tyrannyPAKISTAN Separation of powers is a feature associated more with the presidential system of government. In a typically parliamentary system, fusion of power is more common. In fusion of power the elected legislature is supreme, while the other branches are subservient to it. In separation of powers, each branch enjoys a considerable degree of independence from the other branches. This independence derives from the fact that each branch is elected or selected independently of the other branches and neither of them is beholden to any of the others for its continued existence.4 In a fusion of power system such as that of the UK, the people elect the legislature and the elected legislature then chooses the executive. In contrast, in separation of powers, it is not the national legislature which selects the executive, instead the executive is chosen by other methods, for instance direct popular election, selection by Electoral College etc. In a parliamentary system, when the term of the legislature ends the tenure of the executive selected by that legislature also ends; however in a presidential system the executives term may or may not coincide with the legislatures. In the American presidential system there are three very distinct branches of government. The executive branch includes the office of the president and his cabinet, who are not legislators. The legislative branch includes the House of Representatives, (the lower house) and the Senate (the upper house). Together they are known as the Congress. The judicial branch encompasses the 3 See http://www.indianofficer.com/forums/2062-separation-powers-vs-fusionpowers.html. 4 Barrie Axford, Gary K. Browning, Richard Huggins and Ben Rosamond, Politics: An Introduction, 2nd edition (London: Routledge, 1997), 345-46. 56 Journal of European Studies supreme court systems. Each branch of government has unique powers and is also able to influence the actions of another branch.

SECURALISM INDIA Secular means the relationship between the government and the people which is determined according to constitution and law. By the 42nd Amendment, the term "Secular" was also incorporated in the Preamble. Secularism is the basic structure of the Indian constitution. The Government respects all religions. It does not uplift or degrade any particular religion. There is no such thing as a state religion for India. In S.R. Bommai vs UOI (1994) The SC of India held "A state which does not recognize any religion as the state religion, it treats all religions equally". Positively, Indian secularism guarantees equal freedom to all religion. it stands for the right to freedom of religion for all citizens. Explaining the meaning of secularism as adopted by India, AlexandrOwics has written,"Secularism is a part of the basic of the Indian Constitution and it means equal freedom and respect for all religions."USA Secular states become secular either upon creation of the state (e.g.United States of AmericaorIndia) or upon secularizationof the state (e.g.FranceorNepal). Movements forlacitin France and for theseparation of church and statein the United States defined modern concepts of secularism. Historically, the process of secularizing states typically involves granting religious freedom, disestablishing state religions, stopping public funds to be used for a religion, freeing the legal system from religious control, freeing up the education system, tolerating citizens who change religion or abstain from religion, and allowing political leadership to come to power regardless of religious beliefsPAKISTAN Secularismin Pakistanwent from being a matter of practice in law by theGovernment of Pakistanto a political movement opposing theIslamization policiesof themilitary dictatorGeneralZia-ul-Haqin the 1980s. The supporters of Islamisation on the other hand assert that Pakistan was founded as a Muslim state and that in its status as anIslamic republic, it must thereby implement Islamic laws, known asShariat. And that the context of Jinnah's speech was true implementation of Islam in which all religions would have equal rights and live as free citizens as supported by the Islamic jurisprudence itself as distinguished from a religious oligarchy.[3]Amendments Printouts to be paste

On next pg cont..How far the constitution has been successful in promotion of democracy India

USAHow Democratic is the American Constitution?(2001,ISBN 0-300-09218-0, among others) is a book bypolitical scientistRobert A. Dahlthat discusses seven "undemocratic" elements of theUnited States Constitution.The book defines "democratic" as alignment with the principle ofone person, one vote, also known asmajority rule. The author praises theFramersof the Constitution as "men of exceptional talent and virtue" (p.7) who made admirable progress in the creation of their republican government. But Dahl also points out that innovation and change in democratic techniques and ideals continued even after the Constitution was codified, and the American system has not adopted all of those new ideas. He says that the Founders were partially constrained by public opinion, which included maintenance of the sovereignty of the thirteen states.PAKISTAN Efforts to Promote DemocracyThe Endowment's program in Pakistan focuses on three areas: trade unions and worker rights, political party development and government accountability, and human rights and democracy education.National Democratic InstituteThe NDI works with young, reform-minded party members who are committed to accountable and transparent political processes and who can help parties renew their leadership. NDI's programs focus on developing a comprehensive party reform program that focuses on institutionalizing democratic governing structures and processes within parties; promoting democratic internal elections and promotions for officer positions that are based on merit rather than on wealth or patronage; increasing the participation of women in parties; assisting parties to develop the capacity to conduct research on citizens' views and concerns; and improving communication between national, provincial and local party branches so that the party leadership has access to information from local party members and can more effectively incorporate their constituents' interests into the development of party platforms.American Center for International Labor SolidarityThe Solidarity Center's Pakistan program works to improve understanding and acceptance of worker rights and enforcement of labor standards, and the development of new and effective means to address labor issues through information gathering, education, advocacy, capacity building, and networking. Working with Pakistani NGOs and labor unions, the Solidarity Center supports free legal counseling services and advocacy programs that empower and strengthen women workers, training programs that focus on trade union capacity strengthening and civic education, and efforts to highlight the plight of working children and promote the rights of children.Human Rights, Minority Rights, and Democracy EducationThe Endowment's work in Pakistan also includes support for a number of inspiring initiatives that work to promote human rights, including women's and children's rights, at the grassroots, and to introduce the concepts of secular democracy, religious freedom, peaceful nonviolent political discourse, and global engagement. These efforts are targeted both at rural communities as well as activists in urban centers.