507

ANNEXURE II
CONSTITUTIONS (DEVELOPING AND DEVELOPED)
United Kingdom Pakistan India USA France Turkey China
System of
Parliamentary Parliamentary Parliamentary Presidential Semi-presidential Presidential Semi-Presidential
Govt.
HEAD OF STATE
Title Crown President President President President President President
Election Crown is chosen Electoral college Electoral college Electoral Collage Directly elected by Directly elected by Elected by NPC
from royal family (Members of (Members of of 538 Members people by absolute people by absolute (National People
Parliament and Parliament and (Equal to members majority majority Congress)
Provincial State Assemblies) of Congress plus 3
Assemblies) seats)
Qualification Crown must be (i)President must (i)President must (i)President must (i) President must (i) President must (i)President must
born in Royal be born Muslim be born citizen of be born citizen of be born citizen of be born citizen of be born citizen of
Family citizen of Pakistan India USA France Turkey China
(ii) Age 45 years (ii) Age 35 years (ii) Age 35 years (ii) Age 18 years (ii) Age 40 ears (ii) Age 40 ears
(iii) He must not (iii) He must not (iii) He must be (iii) Must have a (iii) He must not (iii) He must not
hold any other hold any other resident in USA bank account hold any other hold any other
govt. office govt. office from last 14 yearrs govt. office govt. office
(iv) Eligible to (iv) Eligible to (iv) Must have
become member of become member of completed Higher
Parliament Parliament Education

TERM Life 5 Years 5 Years 4 Years 5 Years 5 Years 5 Years

Legislative Addresses Addresses Addresses POTUS gives Addresses Addresses GNA Addresses NPC
Powers Parliament Parliament Parliament annual address to Parliament annually, Signs the annually, Signs the
annually, Signs the annually, Signs the annually, Signs the congress, He can annually, Signs the bill to Make it a bill to make it a
bill to Make it a bill to Make it a bill to Make it a send messages to bill to Make it a law, Dissolve the law, Issues
law, Dissolves the law, Dissolve the law, Dissolve the congress, He can law, Dissolve the GNA, Summons Ordinance on
parliament, parliament, parliament, veto the bill passed parliament, He can and Prorogues advice of PM
Summons and Summons and Summons and by legislature send messages to GNA
Prorogues Prorogues Prorogues which requires 2/3 congress,
parliament parliament, Issues parliament, Issues majority of Summons and
Ordinance Ordinance congress to Prorogues
override parliament, Issues
Ordinance
Executive Nominates PM, Nominates PM, Nominates PM, President is chief Appoints PM, Chief Executive, Appoints Premier,
 508

Powers Appoints cabinet, Appoints cabinet, Appoints cabinet, executive, All Appoints cabinet, Appoints cabinet, Appoints State
Appoints other Appoints other Appoints other executive order are Appoints other Appoints other Council, Appoints
executive officials executive officials executive officials of president, executive official. executive officials other executive
President makes officials.
executive
appointments,
President chooses
his cabinet.
Diplomatic Appoints Appoints Appoints Appoints Appoints Appoints Appoints
Powers Diplomats, Signs Diplomats, Signs Diplomats, Signs Diplomats, Signs Diplomats, Signs Diplomats, Signs Diplomats, Signs
Treaties/Agreemen Treaties/Agreemen Treaties/Agreemen Treaties/Agreemen Treaties/Agreemen Treaties/Agreemen Treaties/Agreemen
ts ts ts ts ts ts ts
Military Appoints Military Appoints Military Appoints Military Appoints Military Appoints Military Appoints Military Appoints Military
Powers officials, officials, officials, officials, officials, officials, officials,
Mobilization of Mobilization of Mobilization of Mobilization of Mobilization of Mobilization of Mobilization of
Troops, Troops, Supreme Troops, Supreme Troops, Troops, Troops, Troops.
Commander in Commander of Commander of Commander in Commander in Commander in
Armed Forces Armed Forces Armed Forces Chief of Armed Chief of Armed Chief of Armed
Forces Forces Forces
Judicial Grants Pardon, Grants Pardon, Grant Pardon, Grant Pardon, Grant Pardon, Grant Pardon, Grant Pardon,
Powers Reprieve and Appointment of Appointment of Appointment of Appointment of Appointment of Appointment of
Clemency Judges Judges Judges 1/3rd members of Judges Judges
Constitutional
Council
NOTE Every decision Every decision Every decision (i) All presidential Every decision All decision taken
taken by Crown is taken by President taken by President appointments taken by President by president must
on the advice of is on the advice of is on the advice of require is on the advice of be approved by
PM PM PM confirmation by PM NPC and Standing
Senate. Committee of NPC
(ii) All Treaties
signed require
ratification by
Congress

LEGISLATURE

UNITED
UK PAKISTAN INDIA FRANCE TURKEY CHINA
STATES
Titles Parliament: Parliament: Parliament: Lok Congress: House Parliament: Grand National National Peoples'
House of National Sabha and Rajiya of National Assembly Congress
Commons and Assembly and Sabha Representatives Assembly and
 509

House of Lords Senate and Senate Senate

LOWER HOUSE

Composition 650 342 543 435 577 600 2980

Term 05 years 05 years 05 years 02 years 05 years 05 years 05 years

25 years, Citizen, 25 years, Citizen,

25 years, Citizen, 25 years, Citizen,
18 years, Citizen, 25 years, Citizen, Not convicted by 25 years, Citizen, Not convicted by
Not convicted by Not convicted by
Not convicted by Not convicted by court of Law, Not Not convicted by court of Law, Not
court of Law, Not court of Law, Not
court of Law, Not court of Law, Not hold other office of court of Law, Not hold other office of
Qualifications hold other office of hold other office of
hold other office of hold other office of profit in govt, hold other office of profit in govt,
profit in govt, profit in govt and
profit in govt profit in govt Resident of US for profit in govt Completed primary
Article 62 and 63 registered voter
7years Education

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

FUNCTIONS AND POWERS OF LOWER HOUSES

Legislative To Make Law, To To Make Law, To To Make Law, To To Make Law, To To Make Law, To
To Make Law, To To Make Law, To
Powers Amend laws, To Amend laws, To Amend laws, To Amend laws, To Amend laws, To
Amend laws. To Amend laws, To
repeal Laws Along repeal Laws Along repeal Laws Along repeal Laws Along repeal Laws Along
repeal Laws repeal Laws
with Upper House with Upper House with Upper House with Upper House with Upper House
Executive All decision taken
Powers Debates Executive Controls Executive Debates Executive by Executive must
Controls Executive Controls Executive Controls Executive
policy (PM and cabinet) policy be approved by
NPC
 510

Impeachment
By 2/3rd Majority By 2/3rd Majority By 2/3rd Majority By 2/3rd Majority
of President
___ along with Upper along with Upper along with Upper along with Upper By 2/3rd Majority By 2/3rd Majority
house house house house

Military Declares War Declares War Declares War Declares War Declares War
Powers along with Upper along with Upper along with Upper along with Upper along with Upper Declares War Declares War
House House House House House
Financial Complete control Complete control Complete control Complete control Complete control
Powers over finances. over finances. over finances. over finances. over finances.
Purse of Nation, Purse of Nation, Purse of Nation, Purse of Nation, Purse of Nation.
Money Bills Money Bills Money Bills Money Bills Money Bills
Complete control Complete control
originate in Lower originate in Lower originate in Lower originate in Lower originate in Lower
over finances. over finances.
house Money Bills house Money Bills house Money Bills house Money Bills house Money Bills
Purse of Nation Purse of Nation
passed by lower passed by lower passed by lower passed by lower passed by lower
house can not be house can not be house can not be house must be house can not be
rejected by Upper rejected by Upper rejected by Upper approved by Upper rejected by Upper
house house house house house
Diplomatic
Powers Debate, and Debate and Debate and Ratification of Debate and Debate and
controls the controls the controls the Debate Treaty along with ratification of Ratification of
executive executive executive Upper house treaties treaties

Judicial 3 out of 15
Powers Role in Impeachment of 1/3 members of members of NPC elects the
Appointment of Federal Judges Constitutional Constitutional president of
---- - ----
Judges of superior along with Upper Council by NA Court are Supreme People’s
courts House president appointed by Court
GNA
Constitutiona
l Amendment By 2/3 rd Majority
By Simple By 2/3rd Majority By 2/3 rd Majority By 2/3 rd Majority
along with Upper
majority along along with Upper along with Upper along with Upper By 2/3rd Majority By 2/3rd Majority
house and 3/4
with Upper house house house house
states

UPPER HOUSE

Composition 800 100 245 100 348

 511

Term Life Long 6 years 6 years 6 years 6 year

30 years, Citizen,
Qualifications Not hold other
Different Types 30 years, same as 30 years, same as office of profit, 30 years, same as
NA Lok Sabha Resident of US for NA
9 years, resident of
respective state
Elections Appointed by: PM,
Indirectly through
Crown, some By Provincial By State Directly by the
Regional and
hereditary assemblies legislatures people
Local governments
members

FUNCTIONS AND POWERS OF UPPER HOUSES

To Make Law,
To Amend laws To Make Law, To Make Law, To Make Law, To Make Law,
Legislative To repeal Laws To Amend laws To Amend laws To Amend laws To Amend laws,
Powers Along with lower To repeal Laws To repeal Laws To repeal Laws To repeal Laws ____ ___
house Along with lower Along with lower Along with lower Along with lower
house house house house

Executive Debate Executive Debate and

Powers Policies Debate Executive Debate Executive controls, Debate Executive
Policies Policies Confirmation of Policies
Officials
Impeachment ___ 2/3rd Majority 2/3rd Majority 2/3rd Majority 2/3rd Majority
of President along with Lower along with Lower along with Lower along with Lower
house house house house
Military Declares War Declares War Declares War Declares War Declares War
Powers along with Lower along with Lower along with Lower along with Lower along with Lower
House House House House House
Constitutiona 2/3rd Majority
l Amendment Simple majority 2/3rd Majority 2/3rd Majority 2/3rd Majority
along with Lower
along with Lower along with Lower along with Lower along with Lower
house and 3/4
house house house house
states
 512

Diplomatic Ratification of
Powers Debates Foreign Treaty along with Ratification of
Policy Debates Foreign Debates Foreign
lower house, Treaty along with
Policy Policy
Confirmation of Lower house
Diplomates
Judicial 1/3rd members of
Powers Appointment of Confirmation of Constitutional
SC judges Limited Role -------------- Judges of Federal council are
courts appointed by
President of Senate

COMPARISON OF 1956, 1962 AND 1973 CONSTITUTIONS OF PAKISTAN

1956 1962 1973

Drafted by 2 Constituent Assembly
nd
Drafted by Constitutional Reforms Approved by National Assembly of
Commission and approved by Gen. Pakistan
Ayub Khan
Enforced on 23rd March 08 June 14 August
Written Written Written
234 Articles 250 Articles 280 Articles
Partly Rigid: 2/3 Majority of legislature
rd
Partly Rigid: 2/3 Majority of legislature
rd
Partly Rigid: 2/3rd Majority of legislature
is needed for constitutional amendment is needed for constitutional amendment is needed for constitutional amendment

Parliamentary System Presidential System Parliamentary System

Unicameral: House of People with 156 Bicameral: National Assembly 342
Unicameral: House of People with 310 members members
members Senate: 104 members
Federation Federation Federation
3 lists with residuary powers with 1 list with residuary powers with 2 lists with residuary powers with
Federal government Provinces provinces

Fundamental Rights
Independence of Judiciary
Directive Principles of State Policy
----
----
Official Language: Urdu and Bengali
Islamic Provisions:
No law against Islam, Islamic Republic
of Pakistan, Objectives Resolution,
Head of state must be Muslim,
Establishment of Commission for
Islamic Recommendations
513
Fundamental Rights
Independence of Judiciary
Directive Principles of State Policy
Basic Democracy System was
established as local government system
which is to perform 3 functions: Elect
President, Elect National Assembly and
work as Local Government
----
Official Language: Urdu and Bengali
Islamic Provisions:
No law against Islam, Islamic Republic
of Pakistan, Objectives Resolution,
Head of state must be Muslim, Advisory
Council of Islamic Ideology
Fundamental Rights
Independence of Judiciary
Directive Principles of State Policy
---
Article 6 is added which is meant to
protect the constitution from abrogation
and suspension unconstitutionally.
Official Language: Urdu
Islamic Provisions:
No law against Islam, Islamic Republic
of Pakistan, Objectives Resolution,
Head of state must be Muslim, Council
of Islamic Ideology, Article 62, 63