CONSTITUTION OF UNITED STATES OF AMERICA HISTORICAL DEVELOPMENT

US Constitution molded by exigencies of time by 13 colonies, led to the evolution of federation. Colonies
situated on Atlantic side, peopled by English Settlers were of three types. Crown colonies: Ruled by
governor appointed by King assisted by Council; Proprietary colonies: Under individuals having right to
exercise power; and Charter Colonies: Power of govt. conferred directly upon free men of colony.
Colonies were having a variety of Govt. Alike in their love of civil liberty and adherence to institution of
free govt. In early 18th century, colonies acquired self-govt.

HISTORICAL DEVELOPMENT:

a. Colonies assemblies were elected by people and they managed local trade, Army, defense, war,
peace, etc. Undue influence of Motherland upon colonies bred conflicts and resistance.
Conflicts over rights resulted in enmity between colonies and imperial power.
b. Declaration of independence: In the wake of 7 years’ war and attenuation of French and
Spanish power, colonies began to prepare for war. Congress of representatives of states was
called at Philadelphia 1775. Appointed George Washington as Commander in Chief of Army.
French promised aid – 13 colonies declared war against England. On July 4, 1776 colonies
published declaration of independence to be free and independent state.
c. Establishment of confederation: On July 11, 1776, committee approved draft of articles of
confederation, approved by congress of states on Nov 5, 1777 named as Article of confederation
under: Art: 1, Art: 2 – states retained their sovereignty, freedom, independence, powers, rights,
etc.
d. The Philadelphia Convention 1787: After war of independence the interstate bickering started
Maryland and Virginia quarreled over navigation of river Potomac. To decide dispute and to
consider the extension of power of confederation, the conference was called in Sep 1786, at
Annapolis only six states attended. Alexander Hamilton induced the conference to call upon
congress to summon a convention of all states to meet at Philadelphia for amending article of
confederation. Convention met at Philadelphia in 1787, only 55 delegates attended among 73.
After long debate and various formulas of 16 weeks, on Sep 17, 1787, a brief document signed
by the states present ratified by convention in nine states as agreed upon in Philadelphia
convention enforced on March 4, 1789 – constitution
e. Constitution changed USA– a federation from a confederation with autonomy of states. From
13 to 50 state – in March 1998, House of Representatives passed legislation to allow Puerto Rico
to vote in Plebiscite on whether it wanted to become 51st state of USA.

US CONSTITUTION: Adopted at Philadelphia convention in 1787 enforced in 1789 after being ratified by
minimum required number of states. It is the briefest constitution in the world consisted of 7 articles, 26
amendments. A rigid one, characterized with separation of power along with checks and balances.

SALIENT FEATURES

a. Written in character, Supreme law of land: Neither center, nor states and executive order-
against it.
b. Briefest constitution: States have own constitution.
c. Republican form of govt.: US President is elected.
d. Sovereignty of people: De Tocqueville-“American people rule in the political world as the deity
does in the universe.”
e. Federal in Character: A federation of 50 states having autonomy.
 f. Rigidity: Amendment is a lengthy and cumbersome process. Amendment can be moved in two
ways – must be ratified by 3/4th of states.
g. Bill of rights: Fundamental rights are consisted of first 10 Amendments.
h. Judicial review: Social Courts and lower federation courts can declare any law or executive
order null and void as inconsistent with constitution. Judiciary is guardian and Custodian of
constitution and fundamental rights-Supremacy of judiciary
i. Presidential form of govt. - Term: 4 years cannot be removed except a due process. Executive
head is not responsible to congress. He cannot dissolve congress. His cabinet is called Errand
boys termed as family of president or his kitchen cabinet.
j. Dual citizenship
k. Spoils system- winner takes all
l. Bicameral Legislature
A. House of Representatives-2 years term, through election-435 member
B. Senate-6 years term-100 members
m. Theory and practice- rely on Conventions. In Constitution, presidential election is indirect but
has become direct. Due process of law-Person suspected of violating law must be dealt with
established law not by arbitrary use of power.
n. Simplicity of document
o. Separation of powers and Checks and Balances: Prof. Ogg: “No feature of American Govt. is
more characteristic than separation of power combined with precautionary checks and
balances.

DEVELOPMENT OF US CONSTITUTION: By legislature, Judicial decision, Precedent, Presidential actions,

Conventions, Customs, Constitutional amendments, State and party actions

AMENDMENTS – RIGID PROCEDURE: Under article 5, it is complex and cumbersome process. Two
methods.

a. Amendment processed by 2/3rd majority in each house of congress then be ratified by 3/4th of
total number of states.
b. States themselves may initiate Amendment if 2/3rd of all state legislatures apply to congress for
calling a constitutional convention to propose an amendment. The amendment must be
qualified by 3/4th of all states through legislature or at special convened conventions. Only one
among 27 initiated by congress and ratified by state legislature.

US CONGRESS

Now, it is 118th congress. US legislature – Article: 1.Composition. Senate is upper house: 100 members
while HOR is lower house: 435 members and three from WDC – capital. It rely on Bicameralism.

Reasons behind Bicameralism: To guard against despotism. Necessary for compromise between small
and large states. To maintain peace and stability and conservatism. To maintain check upon legislature.

SENATE: 100 members-Six year term, 1/3rd retire after every two years then elected. Two from each
state. Protects states right of equal representation. None of states elect both members in same year.
Qualification-30 year age-Citizen of state for 9 years from where he is chosen.

Functions and powers: “Senate is the center of gravity in Govt., an authority to check and correct the
despotism.” – Lord Bryce
 a. Legislative powers: Same as House of Representatives except Money Bills.
b. Executive powers: Federal appointments – Approval. Review and Advices on appointment.
Convention – Senatorial courtesy. Treaties Approval – Ratification by majority votes. Appoints
investigation committee. To try impeachment – as court. Election of president and Vice
president. Coordination. Check upon Executive and HOR. Control over foreign policy.
Amendment in constitution. Direct election of senators. Control over executive by demanding
information about administration. Senate standing committees. Permanent and having specific
area of jurisdiction. Recommendations and suggestions. Functions through committees.

HOUSE OF REPRESENTATIVES-435 members from States and three from WDC. Lower house is
composed of representation on basis of proportion to population. 2 years term. Speaker – presiding
officer. Direct elected representatives. Qualification-25 year age-7 year resident of state - Citizen of
state.

Powers and functions:

a. Legislation: Electoral power and Money bills. Control on purse. Endorse appointments and
treaties.
b. Control over executive by controlling finance. Budget. Right to initiate impeachment. Elects
president.
c. Delegated powers – Tax, duties, excise, imports, to charter banks, borrow money, coin money,
fix standard of weights and measures, post office, uniform laws, constitute tribunals, calling
forth militia to enforce laws, - these powers are called customarily 18 powers of congress.
d. Work of congress is done by 20 standing committees and sub committees – legislative
investigative functions. Committees focus on areas of govt. activities.  E.g.: security, financial
affairs, agriculture, energy, etc.
e. THE SPEAKER: Leader of House (HOR)-Presiding officer is chosen by HOR. Assigns legislation to
committees, sets agenda and determines bills. Speaker is official leader of majority party.
Constitution does not describe the office of speaker. It is in light of constitution convention. He
is the chairman of committee on rules – the most powerful committee in house.
f. Election: Each party places the name of a single member in nomination for the position. Election
process is under precedent, practice and convention not by rule and formal laws. Absolute
majority vote is required. For winning candidate

JUDICIARY

“The defects of confederation remain yet to be mentioned for want of judiciary power. Laws are
dead letter without courts to expound and define their true meaning and operation” – Hamilton. At
Philadelphia convention – necessity of judiciary for federation was felt. Constitution was enforced in
1789 – confederation changed in federation and strong judiciary was required in consonance with
theory and practice of federalism. Congress passed judiciary Act 1789-Which formed the basis of
federation hierarchy of courts. Supreme Court; A Courts of Appeal; District Courts; Federal Circuit;
and Court of international trade, claims court, court of veterans appeals.

a. Supreme Court: In a federation Supreme Court is the highest judicial body. Composition: 1 Chief
Judge and associate judges. Number of judges is not fixed by constitution vary from time to
time. Appointment done by president and ratified by senate with HOR’s endorsement.
Committee on judiciary of senate (examines). Judges cannot be removed by president except
through impeachment. Retiring age is 70 years.
 b. Appellate Courts: Hears appeal against decisions of inferior federation courts. Supreme Court
does not give any advisory opinion on any matter of public interest. Functions and Powers: Act
as guardian of constitution-Judicial review 1803 (Marburg vs. Madison) – Justice Marshall.
Developed constitution-Doctrine of implied powers-Custodian of foreign relations.

US POLITICAL PARTIES

Two party system in USA: Democrats and Republicans. Its basic reason is the single-member district rule
and elections. Each district can have just one winner in poll – person getting the majority votes. (Only
one party wins). Republican Party is younger – conservative – agenda, encompassing economy and
social values. Democratic Party is having liberal position on domestic issue-E.g.: Franklin D. Roosevelt's
economic philosophy. It best represents public interests and to achieve a cohesive govt.

HISTORICAL CONTEXT: First president George Washington – not member of any political party. It was
hoped that system could continue without political parties. Party system created under G. Washington
administration: Alexander Hamilton secretary of treasury formed federation party. It begins with
Federalists-Alexander Hamilton, who preferred a strong national govt. and Anti-federalist-James
Madison and Thomas Jefferson formed Democratic-Republican Party. They favored state rights and less
federal controls. Democratic Republican divided into two groups in 1824 elections.

a. Democratic Party called Jacksonian democrats for Andrew Jackson. Initially, placed emphasis
on morality, was generally considered conservative. Today’s democrats is considered as Liberal,
progressive, emphasis on personal liberties human rights. Democratic is oldest. Its sign is
Donkey for during Andrew Jackson election, he was called Jackass by opponents. It represents
stubbornness.
b. Whigs (Republican): Whigs fell out of favor in 1850s. Republican grew out in its place. In 1850s
party was anti-slavery fairly progressive elected Abraham Lincoln in 1860. Goes by GOP: Grand
Ole Party dominated white house majority of presidents considered themselves republican.
Today’s republican is conservative, favoring fiscal conservatism, fewer govt. regulations, and
lower taxes, focus on moralities. Its sign is Elephant. Thomas Nast: Political cartoonist used
symbols for both the parties.
c. Third party in US: Independent Parties-Single issue groups. They focus on specific issue. Since,
United States follow – Winner takes all model – 3rd party could not get hold in US. Single
member district rule and election lets only democrats and republicans in govt. Third parties in
US are – Green party, libertarian party, US socialist party, communist party, reform party, etc.

US PRESIDENT

Article II-Section 1: All executive powers are vested in President for 4 years of term together with Vice
President. Qualification: Natural born citizen-35 years-14 year resident. Tenure-4 years. Presidential
election takes place in first week of November of leap year – election through Electoral College that vote
for president in December of same year. He takes Oath on 20th January of following year of election.
Prof. ogg: o “Us president is the greatest ruler of the world.” Henry: “US president exercises the largest
amount of authority ever wielded by any man in democracy.” Constitution unequivocally gives all
executive powers to him. Constitution inscribes indirect election but in practice it is a direct election.
Two terms in office-1951, amendment 21st – no president can seek 3rd time election in office- in 1940
Roosevelt for 3rd time and even for forth time stepped in office.
ELECTION OF PRESIDENT

a. Election in theory: Constitutionally the election is indirect by Electoral College. Each party
prepares a list of candidates equal to number of electors and submits it to the popular vote. All
votes are sealed and sent to the capital, the president of senate counts votes in presence of
both the houses. To win – 270 vote of 538 votes are required-(435+100+3=538)
b. Election in practice: As per constitution it is indirect election but in practice it has become direct
– direct choice of people. The candidates and electors are nominated by political parties,
electors are pledged to vote for their party nominee. Election of presidential electors are held
on Tuesday following the first Monday in Nov. of each leap year.American voters personally
participate.

IMPEACHMENT: Due to treason, bribery, high crimes, House of Representatives frames charges by
majority votes (committees). Senate presides over by Chief Justice of Supreme Court as judicial court.
2/3rd majority is required for conviction.

POWER OF PRESIDENT: He is executive head. Vast array of powers.

a. Executive Powers: Chief executive. Makes appointments (cabinet, judges, diplomats, etc.)
Senatorial courtesy is a convention during appointments of federation officers. Senate approves
all appointments made by president. Control of foreign relations with assistance of secretaries
of state and treaties are Negotiable. He is the chief spokesman of USA in international affairs.
Commander in chief of Armed forces. Holds power to declare war. Police actions without
declaring war, as in 1951 in Korea.
b. Legislative powers: Delegated legislature. He sends messages to congress – proposals for
legislature. Ordinances – Executive orders. Patronage to influence congress members want jobs
for friends and supporters – president seek support in legislature. Veto: bill passed by Congress
is presented to president, he may sign or refuse bill – send it back to house within 10 days of
receipt of bill. Congress can override veto and pass it by 2/3rd majority in each house. If bill is
sent to president neither signed nor returned becomes law in 10 days without signature. This is
called pocket veto of president – bill does not become law if congress is not in session.
Extraordinary session – president can call. Personal conferences to get confidence of congress
men. Financial power – Budget
c. Judicial power: Pardon and reprieve to all offenders. Appoints Judges. Head of state and Govt.
as well.

CONSTITUTION OF GREAT BRITAIN

Munro: “The British Constitution is a complex amalgam of institutions, principles and practices. It is not
one document, but hundreds of them. It is a child of wisdom and change”

SOURCES OF ENGLISH CONSTITUTION

a. Convention: Dicey: “The Fundamental principles of UK constitution – Ministerial Responsibility,

sovereignty of parliament. Without sovereignty UK constitution is a skeleton without flesh and
blood.” E.g.: Parliament meets at least once a year. No tax without sanction of parliament.
Queen accept advice of cabinet. Law-lords attend meeting of House of Lords for deciding judicial
cases.
b. Charters: Agreements and charters define powers of crown and regulate rights of citizens-
Historic documents. Ex. Magna-Carta 1215-Defines power of great council in England and
 prohibited imposition of taxes without consent of great council. Petition of Rights 1628-No
person can be compelled to pay tax, loan, etc., without previous sanction of parliament. Acts of
Settlement 1701-Rules regulating order of succession to British throne. Act of Union with
Scotland 1707-It united Scotland with England under one common govt.
c. Statutes: Laws passed by parliament-Reform Act of 1832. Extended manhood suffrage to urban
middle class. Parliament Act of 1911-Curtailed powers of House of Lords and Established
supremacy of those of commons by reducing the term of House of Lords from 7 to 5 years.
Representation of people’s Act of 1918 and 1928-Principle of Universal Adult suffrage was
extended to women as well. Statute of Westminster Act 1931-Recognized independence of
dominions of Canada, South Africa, Australia and New Zealand. • Indian independence Act 1947-
Partition of British India.
d. Judicial Decisions: Dicey: “Britain Constitution is a judge made constitution.” Bushel’s case in
1670 established independence of judiciary. Howell’s case 1678 vindicated immunity of judges.
e. Common law: Rules and principles are product of long historical growth based upon customs,
traditions and conventions recognized by jury. Prof. Ogg: Common law is result of centuries
acquired binding and almost immutable character.
f. Eminent works: Dicey’s law and constitution. Blackstone’s commentaries on English
Constitution. May’s Parliament Practices.

SALIENT FEATURES

a. Evolutionary; Parliamentary sovereignty; Unitary constitution; Parliamentary form of govt.

b. Bicameralism:
A. House of Lords (HOL): 675 members – not elected – Red Benches. 26 Bishop/Archbishops –
spiritual peers, 92 Hereditary peers, 1 Irish peer, 16 Scottish peers and several hundred life
peers.
B. House of Commons (HOC): 650 members – Green Benches. Represents interests of people.
Money bill originates in it. Consider new laws. Scrutinizes govt. policies by asking ministerial
questions in chambers or in Committees. Prime Minister is elected in HOC – Most powerful
house. Difference between theory and practice
c. Flexible, Rule of law, Supremacy of parliament , Mother of all the constitution in world.
d. Blended constitution: Mixture of Monarchy, Aristocracy and Democracy
e. Conservative in Nature-Two party system
f. Partly written and partly unwritten. Rights of citizens/ fundamental rights.
g. Separation of powers combined with concentration of responsibility. Govt. structure
apparently based upon SOP. Crown – (Executive), Parliament – (legislature), Courts – (judiciary).
Ministerial Responsibility

BRITISH EXECUTIVE THE CROWN

“Henry, Edward, George may die but king survives them all” – Blackstone. King is a person called
Monarch. Crown – institution called Monarchy. King – physical embodiment of crown. Dicton: “King is
dead, long live the king.” Munro: “Crown is an artificial and juristic person who is neither born nor ever
die.” Crown is eternal and king is mortal. Powers of state reside in crown.

Royal/Crown powers: Head of state, Fountain of justice – done in his name. Appointment of judges,
Prime Minister, cabinet, etc. Grants pardon or Reprieve. Can summons, prorogues and dissolve
parliament. Lords in house of lords are appointed by King/Queen. Law passed by parliament becomes
law after assent of King. Address the first session of parliament speech to give outline of Govt. policies.
Power to enforce policies approved by parliament. Commander in chief of armed force. Sole fountain of
Honor creates peers, confers honors and decorations. King is never an infant. King is representative of
people at global level. Declaration of war and peace. Agreements and treaties. Receives ambassadors
and foreign ministers. King never dies – immortal. Does not pay tax only voluntarily. Head of church.

THE GOVERNMENT

Body that runs the affairs of state – includes Prime Minister, Cabinet, Civil Services, Police and Army
(Administration).

a. The Prime Minister- A lynch pin in govt. machinery: A key-stone of cabinet arch. Real ruler of
UK. Head of Govt – chief executive. Sir Robert Walpole was First Lord of treasury 1721 – post
now traditionally held by Prime Minister. First mention of Prime Minister in statute came with
the Chequers Estate Act 1917. Prime Minister and his cabinet are elected from local
parliamentary election district as members of HOC. Prime Minister is leader of Majority party –
Monarch recommends him.
A. Functions and power of Prime Minister: Formation of Cabinet. Shuffle the ministers. A
coordinator. Leader of HOC. Chief Executive. Chairman of Cabinet. Power of dissolution of
assembly advises the king. Channel of Communication between cabinet and crown. Chief
advisor of king. Representative of Nation. Prof. Jennings: “Prime Minister is sun around
which other planets revolve.” Prof Laski: “A pivot of whole system of Govt.” • Lord Morley:
“Prime Minister is the key stone of cabinet arch. “
b. The Cabinet: “The cabinet in England is the steering wheel of the ship of the state” – Ramsay
Muir. Cabinet is real executive. Powers of crown are exercised by cabinet. A supreme directing
authority are pivot of the whole political machinery. Britain is classical example of parliamentary
or cabinet govt. – core of constitution system. A small body of ministers, kings began to consult,
in preference to Privy Council. Cabinet: A Product of historical growth. A body Privy Council was
advisory body of king. Members chosen at discretion of King, with passage of time members
increased, it became difficult to hold meetings. King began to consult with only those few
favorite councilors. Charles II (1660 – 85) – elected 5 members from his close friends to advise
him privately – cabinet is not responsible to parliament. Case – Earl of Danby was impeached by
HOC convicted by House of Lords laid down principle of Ministerial Responsibility. Glorious
revolution 1688 and Act of Settlement 1701 established parliamentary supremacy –
smoothened the growth of cabinet system. William III selected his advisers from both the
parties in parliament but it could not work due to opposition of ideas. In (1693-96), he selected
advisers only from Whig Party, it became convention. Cabinet of 1697 – Sunderland’s Junta
regarded as the real beginning of Cabinet system from majority party. No office of Prime
Minister by then. Both William and Anne presided in person the meetings of Cabinet. • George I
commissioned Robert Walpole to preside the Cabinet meeting. Robert Walpole was favored due
to his being recognized leader of dominant party in parliament, conceived as 1st Prime Minister.
Walpole presided meeting of cabinet contemporarily served as leader of HOC. By 18th century,
cabinet system came into being. In 19th century, Cabinet system crystallized. In 20th century,
the fact that Prime minister must be from HOC. In 1923 Lord Curzon could not become Prime
Minister because he was peer from HOL. Ministers of Crown Act 1937 gave legal sanction to
institute of Cabinet – Prime minister first lord of a year and first Lord of Treasury. From 20th &
21st century, cabinet become pivot of UK administration and a key stone of constitutional arch.
 A. Organization of Cabinet: It is selected by Prime Minister who is the leader of HOC and
dominating party (usage). King will give assent to list Prime Minister carries to Buckingham
Palace.
B. Features: Responsible to parliament. Responsible to respective department. Homogeneity
of political party. Secrecy – safeguarded by laws and conventions. Under leadership of prime
minister. Members from HOC mainly, a few from House of Lords. Ministerial Responsibility.
C. Functions: Policy determining, Legislative functions, Supreme control of national executive,
as coordinator and Determination of finance.

CONSTITUTION OF FRANCE (SYSTEM)

After the French Revolution in 1789. The constitution of 1793 was the period of the 1st French Republic.
The new constitution in 1848 commenced the 2nd Republic. In 1875, the third French constitution was
adopted. In 1946, the constitution resulted in the fourth republic, whereas, the fifth republic was
established after the promulgation of the new constitution on Oct 4, 1958, under General de Gaulle.
[titles: XVI and Art: 89]. The constitution can be amended either by French Congress or by the
Referendum. French constitution changed fundamentally on 23rd July 2018 by constitutional revision
bill of modernization of the institutions of the fifth republic. All the govt. was affected by the reforms.
Executive powers were modified: End of diarchy between President and Prime Minister with the
supremacy of former. The constitutional council is the main body to deal with the constitution, assisted
by the Ministerial Committee.

Constitutional council: Members appointed for 9 years (3 every three years). 3 members by the
president of the republic. 3 members by the president of the senate. 3 members by the president of the
National Assembly. Former presidents are Ex-officio life members.

CONSTITUTION OF 1958: FEATURES

a. A democracy applying separation of powers.

b. The executive branch is headed by the president of the republic and the prime Minister. The
former appoints the latter.
c. The fifth republic is more quasi-presidential than quasi-parliamentary: President is the real
executive.
d. The legislative branch is bicameral: National assembly and senate, both the houses are
democratically elected. The fifth republic constitution was drafted by the Ministerial Committee,
approved by the cabinet and the French council of state, submitted for referendum on 28th of
Sep, 1958, and promulgated on 4th of Oct, 1958.
e. Preamble: France is defined as an indivisible, secular, democratic, and social republic believing
in liberty, equality, and fraternity. Re-affirms the Declaration of Rights of 1789.
f. Written in Nature, A brief document: 89 Articles in XVI titles. A mixture of parliamentary and
presidential forms.
g. The constitution is based upon two principles. Principles of parliamentary democracy and
Principles of presidential democracy. Therefore, it is hard to label the constitution as
presidential or parliamentary. Two houses of parliament are democratically elected. It is quasi-
presidential than quasi-parliamentary. President is a real executive, he appoints Prime Minister
and other ministers.
h. Rigid Constitution: Art: 89 – a special procedure for amendment is given. Proposal for revision is
voted first in parliament then ratified by referendum, or the president decides otherwise, by
3/5th majority in the joint session of parliament.
i. Popular sovereignty: National sovereignty belongs to the people under the article: 3, who shall
exercise their sovereignty through their representatives and using referendum.
j. Republican form of Govt – Republic.
k. President is the Head of the state is elected directly by the people.
l. Separation of legislative and executive powers: Executive powers are not derived from
parliament. Ministers may not be dependent upon political parties. President may refer a bill for
a referendum or may postpone a referendum even after the bill is passed by parliament. 
Prime Minister is appointed by the president along with ministers.
m. Political parties-Article 4: The political parties and groups may compete for the expression of
suffrage.
n. Constitutional council: Its function is to decide the constitutionality of govt. It supervises the
election of the president of the republic, examines electoral petitions, the responsibility of
referendum, and examines the constitutional validity of law before promulgation.
o. Advisory and judicial organs: “Economic and Social Council”: It gives opinions on bills, orders,
etc.
p. The high council of judges and public prosecutors: Advises govt.
q. Ambiguous, vague, and untidy: It does not completely describe the system of govt.
r. The community: A story of association between the French Republic and overseas territories
and departments. They enjoy autonomy.
s. Unitary system: Unitary semi-presidential republic of France.
t. Bi-cameral parliament consisted of National Assembly and senate: National Assembly deputies
are directly elected for 5 years. Electoral College chooses senators for 6 years (originally 9 years
term, one half of seats are re-elected every 3 years, started in Sep 2008).
u. A secular state: No state religion.
v. Council of ministers

GOVERNMENT OF FRANCE

A. The Executive: The President of the republic. The President of the republic shares executive
powers with his appointee Prime Minister. (President appoints Prime Minister under Art: 8).
The President of the republic is the executive head. President of Republic is elected for 5
years term directly by citizens. (Previously by Electoral College for 7 years term.) Elections are
held on Sundays. The campaigns end at midnight on Friday before the elections. First Round
on Sunday and the second round two weeks later on Sunday. President can hold office twice-
Article: 5. after the referendum in 2000, the term was reduced from 7 years to 5 years. He is
elected by direct vote of the public, with a second ballot or runoff system. It means, to win, a
candidate has to get an absolute majority of votes either in the first or in the second round of
voting. Election of New president takes place not less than 20 and more than 35 days before
the expiry of existing president’s term. Qualification: Must be a registered voter being at least
18 years old. Statement of financial status to the constitutional council. He must gather
signatures of 500 elected representatives from at least 30 departments. Powers and function
of French President: (Title: II): The President of the republic is the head of state and head of
the executive as well. He is the supreme magistracy of the state and commander in chief of
the French Armed forces. He is authorized of national security and foreign policy. He is having
the power to appoint Prime Minister, however, French National Assembly has the sole power
to dismiss Prime Minister’s govt. Legislative power: Signs ordinances and orders decided
upon in council of minister; He can dissolve the National Assembly consulting with Prime
 Minister; He promulgates laws within 15 days; Before the expiry of 15 days, he can ask
parliament to reconsider a law; He can summon extraordinary sessions of parliament and
President can submit any bill to referendum. Executive powers: Power to appoint Prime
Minister; He appoints three members and the president of the constitutional council;
Negotiates international agreements and treaties; He presides over and represents the
community; Appoints civil and military posts; He presides council of ministers and He is
commander in chief of the armed forces. Judicial powers: Power to grant pardon; He presides
high council of judges and nominates its nine members; He is the guarantor of the
independence of the judiciary; Impeachment of the president of the republic; and
Impeachment can be moved and pronounced by the republican high court, a special court
convened from both houses of parliament on the proposal of either house.
B. French Legislature (Parliament): Bi-cameral legislature-Senate is the upper house and
National Assembly is the lower house. National Assembly-It consists of 577 members
directly elected for 5 years term in single seat constituencies. It is a lower house. Its
members are representatives of public. Members called deputies. The Senate: It is called
the upper house. It consists of 348 members elected for 6 years term by the Electoral
College – consisted of elected representatives from each department. The changes were
made in the role of the senate in Sep 2008, before it, its term was nine-years, which was
reduced to 6 years. The head of the senate is the president of the senate.
Powers and Functions of Parliament:
a. Legislative functions: French Parliament, unlike the UK parliament, is not the supreme
law-making body. Its: legislative power is limited.
b. Control of Executive: Although the members of the executive are not members of the
legislature, they are responsible for it. Vote of motion of censure is a power of National
Assembly to question responsibility of govt. financial power. French parliament does not
enjoy supreme powers in financial matters. If the financial bill is not decided by
parliament within 70 days, the bill may be enforced by ordinance. Declaration of war
and treaties are ratified by parliament
C. Judicial System of France: French legal system stems from Roman laws and codified laws –
code was drafted in 1804 under Napoleon I. Judiciary is to interpret laws. French judiciary is
independent of the executive and legislature. The several categories of courts are divided
into two major branches. Judicial branch and Administrative branch. Judges in France are
considered civil servants. Once appointed judge serves for life, cannot be removed without
specific disciplinary procedure conducted by the constitutional council. Organization of
French Courts.
a. Ordinary courts: handle criminal and civil litigations (court of cassation is at its top)
b. Administrative courts: supervise the govt. and handle complaints. (Council of the state
is at its top).
c. Three judicial divisions in France. Inferior courts of original and general jurisdiction.
Appellate courts hear appeals from lower courts. Court of last resort hear appeals from
appellate courts on the interpretation of the law.
d. Constitutional council: It is also a judicial organ. It acts as a court. The council has three
months to deliver its decision, at least by seven members.
e. Council of state: It is a body of the French Govt. It acts as both the legal adviser of the
executive branch and as Supreme Court for Administrative Court/Justice. It is a court of
appeal, composed of state advisors and civil servants.
 POLITICAL SYSTEM OF GERMANY

Historical Context: The unification of West-Germany and East-Germany happened after disintegration of
USSR in 1990. After the unification of Germany the constitution of 1949 (Basic Law 1949) remained
constitution of Germany in 1990 with minor amendments. Germany is a democratic, federal
parliamentary republic. The federal legislative powers are vested in Bicameral Parliament of Germany:
Bundestag & Bundesrat. The executive branch is consisted of president as the head of state; whereas,
the federal Chancellor as the head of Government assisted by the Cabinet of 15 ministers. Since 1949,
Germany has been dominated by the Christian Democratic Union (CDU) and the Social Democratic Party
of Germany (SPD). West Germany, before unification, was a founding member of European Community
in 1958 which became EU in 1993. Today’s Germany is part of Schengen Area, and has been a member
of Eurozone since 1999. Today’s Germany is a federation of sixteen states (Lander), 403 districts – 301
rural districts and 102 urban districts.

CONSTITUTION OF GERMANY: The basic law for the Federal Republic of Germany was approved in Bonn
on 8th May 1949 as constitution of the states of West Germany Federal Republic. It came into force on
23rd May after approval of Allies of WWII on 12th May. After the fall of Berlin Wall that Basic law
applied to the eastern states of the former German Democratic Republic.

THE GOVERNMENT OF GERMANY

a. The Legislature: The German Legislature is bicameral. Bundestag-It is elected for 4 year term. Its
members are directly elected by the people. Bundestag represents the governments of regional
states. It is more powerful than bundesrat. Its size varies from time to time, the current
Bundestag is the largest in German history with 709 members. Bundesrat: For legislation,
bundesrat is equally important because without agreement between Bundestag and Bundesrat,
no legislation can be done.
b. The Executive: The federal democratic Germany is having parliamentary system of Govt. Federal
German Republic is represented by the president as the head of state, whereas, the
parliamentary structure is governed by the Federal Chancellor as the head of Government.
A. Federal President: President, under Article 59 (v) of the constitution, represents the Federal
Republic of Germany at International level. President is the head of state with ceremonial
authority without active political role in political system. President finally signs the bill that
becomes law, but he cannot veto the bill. However, under Article 81 of the Basic Law,
President is given some “reserve powers” but he never had to use these powers.
B. Federal Chancellor: Federal Chancellor is head of federal Govt. Federal Chancellor is elected
through parliament (Bundestag) and is responsible to it along with the other minister, thus
Germany is called parliamentary state. Term of office: Chancellor cannot be removed from
office before expiry of four-year term unless the Bundestag has agreed on successor. Angela
Merkel is holding office since 2005, Chancellor is always from majority party.
C. Vice Chancellor: Federal Chancellor appoints one of the federal ministers as Vice Chancellor.
D. Cabinet: German Cabinet is the Chief Executive body of Federal Republic of Germany. It is
consisted of the federal Chancellor and the Cabinet ministers under Article 62-69 of the
Basic Law. The current Cabinet is Scholz (Since 2021).
E. The Judiciary: Germany follows the civil law tradition. The judiciary of Germany comprises
three tiers of courts.
A. Ordinary Courts -Ordinary courts deal with criminal and civil cases.
B. The Federal Court of Justice of Germany is the highest ordinary court.
 C. Specialized Courts- specialized courts hear the administrative labor, social, fiscal and
patent law related cases.
D. Constitutional Courts-Deal with constitutional matters: Judicial review and
constitutional interpretation, etc. The federal constitutional court is the highest court.

GLOBAL AND REGIONAL INTEGRATION

The idea of Regionalism in the 1960s was prevalent. Globalization turned the world into a global village.
Peace initiatives-Global political-economic -Shared concerns in the shape of Global warming, Global
politics, Global civil societies, Humanitarianism, Security, Global currency, and Global Market.
Globalization has made borders transparent, whereby borders now only exist to recognize a territory.
After WW2 nations will never be independent again for financial institutions and other organizations
have made states interdependent on each other. They have developed indices on Gender Equality,
Corruption, Rule of Law, Poverty, Education, Human Development and Economies.

What does these financial institutes do? World Bank and IMF, on economic grounds have introduced
free market system, whereby they assist developing states in their development in return of
implementing western norms, practices and values, which in the long run compromise their sovereignty
as they confront harsh conditions to acquire assistance.

World System Theory by Immanuel Wallerstein: it argues that world comprises 3 types of countries
Core-developed, Peripheral-under-developed and Semi-peripheral-developing states. The theory says
that the peripheral states do not have industry but abundant quantity of raw materials, which the core
purchase them at lower rates and produce the finished goods and sell them to the semi-peripheral
states at higher rates. Karl Marx’s Concept of Surplus Value: Benefit always go to the core-capitalist
block. IMF and World Bank do not use the direct force and rather compel the developing world to follow
their prescribed conditions in the form Structural Adjustment Plans by interfering in the domestic affairs
of a state by asking them to impose additional taxes, moving towards privatization, reducing salaries,
avoiding relief package and reducing government’s spending.

EUROPEAN UNION

A body of integration in economic, political, and monetary contexts. Politico-economic integration

through pooling of resources. Objectives: To establish a single market. Improvement in living standards.
Human rights, freedom, democracy, equality, rule of law. Cultural, economic and political integration by
removing borders. FORMATION: European Economic Community (EEC) in 1958 was created to foster
economic growth and cooperation between six states: Belgium, West Germany, France, Italy,
Luxemburg, and Netherland. EEC name was changed: European Union (EU) in 1993. Previously, it was 28
members organization. After BREXIT – now 27 members.

OPERATIONAL MECHANISM: EU is consisted of seven institutions (supranational)

a. Council of EU: 15 representatives-each come after getting selected from their home country.
They pursue the interest of home government. If the interest does not matches the other’s
interest then the home representative has to compromise.
b. EU Commission: 20 people, selected from the home country. Their terms is of 5 years and each
state gets a turn of sending their representatives. Small states have 1 while larger send 2. The
individual must not be affiliated towards the interest of home country but with EU’s. it manages
the budget of 100 billion dollars and administers it. Moreover it proposes legislations, laws and
policies after listening to the councils. They defend the interest of EU via political debates.
 c. European Court of Justice: it ensures that all the treaties and pacts are enforced in real means.
Any commission or company affiliated to European Union can bring its case here, even countries
individually can come to the court for the reservations. If any country violates any treaty has to
face penalty and fines. It has to deal with all minor and major conflicts of EU members.
d. European Parliament: it is more powerful than commission. Composed of 624 members elected
for 5 years based on the grounds of population. It is entitled to decide the passing of proposed
law by the commission and have the control on the budget.

ACHIEVEMENTS OF E.U:

a. Free border: 26 states in Schengen region: 22 European Union members and 4 non-EU
members, UK and Ireland did not join.
b. Euro Zone: 19 states are Euro currency holders.
c. Single Market
d. Foreign Relations: Common foreign and security policy. Union maintains permanent diplomatic
missions. Represents itself at UNO, WTO, G8 and G-20.
e. Human Rights and equality. Treaty of Lisbon 2009. EU Charter of Fundamental Rights. GSP plus
status is given after getting signed 27 conventions regarding human rights.
f. Nuclear Iran Deal

SAARC (SOUTH ASIAN ASSOCIATION FOR REGIONAL COOPERATION)

Economic, political and social – intergovernmental organization. The impetus provided by the issue such
as drug trafficking, extremism, economic crisis and terrorism to start joint efforts and coordination for
the eradication of these issues. The founder of the idea was Zia-ur-Rehman in order to promote political
and economic integration at the regional level. Founding members-India, Pakistan, Bangladesh, Nepal,
Bhutan, Sri Lanka, and Maldives. 1st Summit held on Dec 8, 1985 – Dhaka. Afghanistan joined in April
2007. SAARC is an eight Membered organization now. Its headquarters are in Kathmandu (Nepal).

OBJECTIVES: Economic welfare, socio-cultural development, mutual trust, peace in the region, visa
exemption.

Achievements: SAARC visa exemption in 1992, 24 categories of persons were introduced, but failed. SAPTA:
SAARC preferential trade agreement signed on April 11, 1993, enforced on Dec 7, 1995, for economic
cooperation but failed. SAFTA: South Asian Free Trade Agreement. July 1, 2006 – failed

Causes of Failure: Political turmoil in Region – Pak-India, Maldives, Afghanistan, etc. Cross border
terrorism, Indian hegemony, and issues with its neighbors. Poverty – 2/3rd population is poverty
stricken. No track II diplomacy. Only eleven summits at bilateral and internal levels. Wide diversities:
Political, cultural, and strategic. Trust deficit. It is not democratic in Nature rather a bureaucratic.
Functional Problems.

ECO (ECONOMIC COOPERATION ORGANIZATION)

A regional organization is to cooperate in economic, political, scientific, and military contexts. ECO is
regional multicultural cooperation for economic development, improvement of living standards, and
individual prosperity. Previously, it was (RCD) Regional cooperation for development among Pakistan,
Iran, and Turkey, ended because of the Iranian revolution 1979. In 1985 RCD became ECO. In 1992,
3+7=10 members joined. 3 members: Pakistan, Iran, and Turkey. 7 members: Tajikistan, Kyrgyzstan,
Uzbekistan, Turkmenistan, Afghanistan, and Azerbaijan. Headquarter-Tehran (Iran)
OBJECTIVES: Promotion of economies. Culture. Technology. Infrastructure. Road links. Transport,
energy, agriculture, trade, etc.

Achievements: ECOTA – July 17, 2003, signed in Islamabad for free trade (Trade Agreement). ECOTPO is
in Iran 2009 – Trade Promotion Organization. The common Trade market was to be established till 2015.

WHY FAILED? Lack of institutional infrastructure. Strained relations between members, Pakistan, Iran
due to Jundallah, etc. Afghanistan turmoil

IMF (INTERNETIONAL MONETARY FUND)

In July 1944, UN – Bretton wood Conference was held in New Hampshire – the USA, joined by 44 nations
to formulate a framework for economic cooperation to avoid repetition of great depressions. It is akin to
the credit union. It started working on Dec 27, 1945. It is mandatory that Managing Director shall be
from Europe. It consists of 188 member states. Headquarter is in Washington D.C

OBJECTIVES: Stability in the international monetary system. It is officially charged with managing the
global regime of exchange rates and international payments from international transactions. Financial
stability. To prevent crisis. To facilitate trade. To reduce poverty. The vast expansion of lending capacity
and Governance reforms. Support the 3rd world. To fix or monitor exchange rates as a watchdog. To peg
the world currencies in US Dollar.

HOW IT FUNCTIONS? End of Bretton wood’s system in 1973 with the collapse of fixed exchange rates.

a. Surveillance: it monitors the financial and economic policies of members states (Stability Plans)
b. Lending: It gives loans (bailouts) to member states to help them meet their international
obligations. Loans are conditional.
c. Technical Assistance: (Structural adjustment plans (SAPs). Advice on tax policies, expenditure
management, monetary and expenditure, exchange rate policies, financial system regulations,
privatization, trade liberalization, etc.
d. Special Drawing Rights/paper gold (SDRs): • 1 SDR = 0.888671 grams of gold – 1 US Dollar.
Members use SDRs for the transaction. Since the fall of the Bretton wood system in 1973, the
value of SDR is set daily by using a basket: a combination of four currencies-Dollar, Euro, Yen
and Pound Sterling. Therefore, national currencies fluctuate day by day.
e. Each member is assigned a quota, the USA is having the largest quota in it. In decision-making,
the influence is measured by share in quotas. It is a major cause of exploitation by the rich.

WTO (WORLD TRADE ORGANIZATION)

It is an intergovernmental organization to regulate global trade through trade rules among nations. A
forum to resolve trade issues and conflicts among nations. The binding agreement to conduct trade and
to make trade policies according to WTO rules. It helps the producers of goods and services, exporters
and importers by bringing them under one roof. General Agreement on Tariffs and Trade 1948 was
replaced on Jan 1st, 1995 by World Trade Organization (WTO). It is consisted of 161 members. Its
headquarters are in Geneva.

OBJECTIVES: Trade liberalization, privatization, Globalization – Mantra. Rejecting trade barriers.

Multilateral trade negotiations. Settling trade disputes. Global free market. Fair competition.
Predictability and transparency. Monitoring trade policies. Trade negotiations. Trade agreements.

FUNCTIONING:
 a. Ministerial Conference: Meets once in 2 years. Decision-making body.
b. General Council: Meets several times in Geneva. It is also a trade policy review body and
disputes settlement body as well.
c. Three other councils: Council for trade-in Goods; Services council and TRIPs Council (Council for
Trade-Related Aspects of Intellectual Property Rights)

CONSTITUTION OF INDIA

India is a union of states. It is a sovereign socialist secular democratic republic with a parliamentary
system. Republic is governed in terms of the constitution of India adopted by the constituent assembly
on Nov 26, 1949, and enforced on Jan 26, 1950. India is a federation with certain unitary features. The
head of the union is a president under article: 79 of the constitution: the council of parliament of union
consists of the president and two houses known as the Council of States (Rajya Sabha) and the House of
the People (Lok Sabha). The council of Ministers shall assist Prime Minister as its head to assist and
advice the president. The real executive power is vested in the council of Ministers with Prime Minister
as its head. The objectives specified in the preamble constitute the basic structure of the Indian
constitution that cannot be amended.

SALIENT FEATURES OF CONSTITUTION

a. Preamble: Popular sovereignty. Socialist and secular. Socialist was added in 1976 through the
42nd amendment. Democratic republic with Justice, liberty and equality.
b. A written constitution: It is the lengthiest in the world. 395 Articles consisted of 8 Schedules. A
combination of rigidity and flexibility.
c. Three categories of amendments: Amendments by the simple majority of two houses.
Amendments require a special majority. Amendments approved by at least 50% of the state
legislatures.
d. Federal structure: India is a union of states. The main feature of the federation is the supremacy
of the judiciary. Indian federation has unitary features.
e. Fundamental rights: The constitution guarantees fundamental rights.
f. Single citizenship: The union of states does not confer dual citizenship.
g. The single integrated judicial system- Indian judiciary stands like a pyramid. Supreme Court
stands as the apex court, then come High Courts and the Lower Courts.
h. Independence of judiciary: Judiciary is free from the influence of Executive and Legislature
(Meritocracy).
i. Parliamentary Govt.: Prime Minister is the head of govt. He and his ministers are responsible to
congress. Directive principles of state policy. It is aimed at establishing a welfare state. Besides
fundamental rights, there are several directive principles of state policy for the guidance of govt.
authority.
j. Universal adult Franchise: One person one vote-Equal right to vote at the age of 18 years.

PRESEDENT OF INDIA: President is the head of the union of states, eg: legislative, executive and
judiciary. All the executive powers of the union are exercised in his name, either directly or indirectly.
President is elected indirectly by the Electoral College composed of elected members of both the houses
of congress through secret ballot using a single transferable vote. Election of the president takes place
generally after general elections, death, resignation, or removal of the acting president. President is
elected for 5 years. He is eligible for re-election. Qualification-Citizen of India-35 years age-Qualified to
be a member of Lok Sabha.
INDIAN LEGISLATURE: It represents the provinces and union territories on equality basis. The allocation
of seats in the COUNCIL OF STATE (Rajya Sabha) changes from time to time since 1952. Constitution
under the article-80 lays down the maximum strength of Rajya Sabha as 250. The Vice president is the
Ex-officio Chairman of the Rajya Sabha. Its members are indirectly elected using a single transferable
vote. It is a permanent house, can never be dissolved. Every member enjoys 6 years of the term. 1/3rd
of its members retire after every 2 years. Upper house is neither powerful nor weak. It enjoys co-equal
powers with Lok Sabha except in matters of financial legislation and control over the cabinet, Legislative
powers, Electoral powers, judicial powers, Constituent powers and miscellaneous powers. HOUSE OF
PEOPLE: (LOK SABHA) represents the states and union territories on the basis of proportion to
population. The total number of members of the Lok Sabha is 545. The elected representatives comprise
530 members represent the states and 20 members representing union territories and two members
are nominated from the Anglo-Indian community by the president. It is filled by elected representatives
through the general election. Prime Minister and council of Minister are responsible for it. Prime
Minister is called the leader of the house. Its tenure is 5 years. It is a forum of public opinion (public
representatives). The lower house is more powerful:

a. Legislative powers: Bills are initiated from the house of people.

b. Executive powers: It can question the ministers and the functionaries.
c. Financial powers: All the money bills are initiated and passed in it.
d. Electoral function: Election of the president, vice president, prime minister, and other officials.
e. Judicial powers: By adopting the resolution, the impeachment process is started at HOUSE OF
PEOPLE: (LOK SABHA).

PRIME MINISTER OF INDIA: Prime Minister is head of Govt. He is the leader of House (Lok Sabha).
Constitutionally, he is head of the council of Ministers (Art: 74 (1)). President invites the leader of the
majority party in parliament to form the council of Ministers. Prime Minister is head of govt., leader of
the cabinet and head of council of ministers. He is the executive head, he exercises all the executive
powers. Leader of Council of Ministers-In case of death or resignation of the Prime Minister, the entire
council of Ministers has to resign. Leader of Parliament-Prime Minister is the leader of the house, having
the majority mandate of the public. Representative of the state-In international affairs, he is the
spokesperson of his state.

INDIAN JUDICIARY: It is a remnant of the British Raj. Judicial hierarchy exists for the provision and
administration of justice in the state. A variety of laws applies and interpreted through the judiciary in
resolving the issues at various levels.

a. Supreme Court: Supreme Court is the apex court of the state. It represents the federation
through its independent character. Supreme Court is also the guardian constitution and
custodian of fundamental rights.
b. High Courts: High Courts are the apex courts at state levels. High Courts are the supervisory
courts upon the lower judiciary. High Courts up-holds the writ of the state and preserve
constitutionalism.
c. Subordinate Courts: These courts function at lower-level divisions and districts. Mainly civil and
criminal laws are applied in these courts.

POLITICAL PARTIES: There is a Multi-party system in India. Major political parties include Indian National
Congress -1st political party – 1885 (A. O Hume); Bharatiya Janta Party-A right-wing political party very
close to the Hindu nationalist – Rashtriya Swayamsevat Sangh (RSS). The Communist Party of India (CPI)-
Found in 1925-Not a National level political party. Aam Admi Party-Launched in Nov 2012. It is the chief
opponent of the BJP. Its origins in the “India against corruption movement” organized by Anna Hazare,
etc, gained momentum in 2012.

POLITICAL SYSTEM OF IRAN

Islamic Republic of Iran is a constitutional, theocratic republic in which Shia Muslim clergy and political
leaders vetted by the clergy dominate the key power structures. Government legitimacy is based on the
twin pillars of popular sovereignty and the rule of the supreme leader of the Islamic Revolution. The
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
current Iranian constitution was adopted on December 3, 1979, and was ratified on July 28, 1982. Even
though the Iranian political system operates under the framework of a theocracy, there is a relatively
high level of political freedom and democracy in Iran.

THE SUPREME LEADER: In Iran’s complex and intertwined political system, the 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. Article 109 of the Constitution provides that the Leader must
have scholastic qualifications, show justice and piety, proper social and political insight, resourcefulness,
courage, management ability and adequate capability to lead the nation. According to Article 110 of the
Constitution, the Leader has the responsibility and authority to determine general policies of the
country, supervise the good performance of those policies, issue decrees for national referendums and
pardon condemned persons or commute their sentence. The Supreme Leader is the commander-in-chief
of the armed forces, controls Iran’s intelligence and security operations, and has the authority to declare
war. Moreover, he has the power to appoint and dismiss the leaders of the judiciary, the state radio and
television networks, and the supreme commander of the Islamic Revolutionary Guard Corps. Besides, he
has the power to appoint 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. While 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, the President is the second highest official
in the country, after the Supreme Leader. The President has the responsibility for implementing the
Constitution and acting as the head of the executive, except in matters directly concerned with (the
office of) the Leadership. 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.
Article 115 of the Constitution stipulates that the President shall be elected from among distinguished
religious and political personalities of Iranian origin and nationality, and he shall be efficient and prudent
with a good reputation and honesty. He should also 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. The president is
elected directly by the people of Iran for a four-year term. He can serve no more than two consecutive
terms but can be elected again after a break. 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 and plays the role of
representing Iran internationally. His functions also include the signing of treaties with other nations,
budget, administering national planning, state employment affairs, and appointing Cabinet Ministers
with Parliament’s approval.

THE GUARDIAN COUNCIL: One of the most powerful forces in Iran’s government is the Guardian
Council, which consists of twelve theologians, six of them are appointed by the Supreme Leader while
six jurists are nominated by the judiciary and approved by parliament. Its members are elected for six
years on a phased basis, so that half the membership changes every three years. The body oversees the
activities of Parliament and determines which candidates are qualified to run for public office. All
legislation passed by the Islamic Consultative Assembly must be sent to the Guardian Council which has
the power to overturn if it is considered in violation of Iran’s constitution. This means that 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: Unlike the Supreme Leader and the Guardian Council, the Assembly of
Experts is directly elected by the people of Iran. The assembly has 86 members, all clerics, who are
elected for eight-year terms. Candidates for the assembly are vetted by the Guardian Council. 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.

PARLIAMENT (MAJLES): The Iranian Parliament, called the Islamic Consultative Assembly (Majles), is a
unicameral legislative body whose 290 members are 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. It has powers over the government budget, confirmation of cabinet ministers,
and questioning of government officials over their performance. It drafts legislation, ratifies
international treaties, and approves the country’s budget. 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, and charges it with “preserving the Islamic Revolution, territorial integrity, and
national sovereignty.” Its members include: the president; speaker of Parliament; the head of the
judiciary; the chief of the combined general staff of the armed forces; the ministers of foreign affairs, the
interior, and intelligence; and the commanders of the Islamic Revolutionary Guard Corps and the regular
military, among others. As head of the Supreme National Security Council, the president helps
coordinate the Supreme Leader’s foreign policy directives.

CONCLUSION: Due to its intricate set of checks and balances, the Iranian government can get bogged
down in times of crisis. It includes a volatile mix of elected and appointed career politicians and Shia
clerics, from ultra-conservative to reformist. Altogether, Iran’s leadership is a fascinating case study in
hybrid government — and the only functioning theocratic government on Earth today
 CONSTITUTION OF PAKISTAN

The constitution of 1973 is successor of two earlier documents; Constitution of 1956 and Constitution of
1962. Zulfiqar Ali Bhutto (1971-1977) invited the leaders of parliamentary parties to draw a constitution.
On 17th April 1972, National Assembly appointed a committee to prepare a draft of constitution. On
20th Oct, 1972 the drafted bill of constitution was signed by the leaders of parliamentary parties in
National Assembly. On 2nd Feb, 1973 the bill was introduced in Assembly, which was unanimously
passed on 19 April, 1973 acting president endorsed it on 12 April, 1973 and the constitution came into
effect from 14th August 1973.

SALIENT FEATURES

a. Written Constitution: It comprises 280 Articles and 6 Schedules and 12 parts.

b. Preamble: A vital part of constitution. It is called Objective Resolution pass on 12 March in 1949
by the constituent assembly. Sovereignty of Almighty. Representatives of people exercise the
real powers. Democratic republic Islamic Rights way of life. Minority Rights. Head of state must
be Muslim.
c. Fundamental: Article: 8 to 28.
d. Flexible: It can be amended by 2/3rd majority of total strength of the house.
e. State Religion: Article 2 – State religion is Islam but Pakistan is not declared as Islamic State.
f. National and Official Language: Under Article: 251-Urdu is National Language and English is
official Language.
g. Bicameral Legislature: Parliament is consist of two houses. Senate: Upper House and National
Assembly: Lower House.
h. A Federation: Pakistan is a federation with autonomous units  Federalism is all about the
division and distribution of powers.
i. Parliamentary form of Govt.: Govt. is the product of Parliament. PM along with his ministers are
responsible to the parliament.
j. Republic: Constitution of 1973 provides the method of direct election.
k. Independence of Judiciary: Judiciary is independent of executive and legislature.
l. Minorities Rights: Constitution of 1973 gives equal rights to all the citizens without
discrimination. Article 20: Freedom to profess religion. Art: 21-Safeguard against taxation. Art:
22-Safeguards as to educational institutions in respect of religion. Art: 23-Preservation of
language, script and culture. Art: 36-Protection of minorities.
m. High Treason-Art: 6: To abrogate constitution through unconstitutional means denotes high
treason.
n. Rule of Law: No one is above the law.
o. Islamic Ideology Council: It is responsible for the preservation of Islamic Principles and
Injunctions.
p. Council of Common Interest: To manage balanced relations between federal govt. and the units
q. National Finance Commission: To distribute resources among the federating units through NFC
Award.
r. Supreme Judicial Council: To watch the conduct of Judiciary and to uphold the independence of
judiciary, it is a supreme organ.
THE PRESIDENT: President is constitutional head of state, with real powers which are exercised by Prime
Minister and his cabinet. President represents the unity of federation (Republic). Office of president was
introduced in the constitution of 1956, Iskander Mirza became first President of Pakistan. He must be
Muslim. Qualified to be the member of National Assembly. Not less than 45 years of age. Citizen of
Pakistan. President holds office for 5 year. Not more than two consecutive terms. President of state
takes oath before Chief Justice of Supreme Court of Pakistan. President’s resignation is addressed to the
speaker of N.A. President of state is elected by the members of both the houses of parliament at a joint
sitting through secret ballot. Chief Election Commissioner is responsible to conduct election. Executive
powers-Under article 90: Federation shall exercise its authority in the name of president. President takes
Oath of offices of state ministers. He appoints provincial governors, members of Islamic Ideology
Council, council of common interest, National Economic Council, National Finance Commission, etc.
Legislative powers-The bill passed by parliament becomes law after the assent of president. He may
promulgate ordinances. He can call the joint session of parliament. Judicial powers o Appoints chief
justice and other judges of Supreme Court. President can remove judge of Supreme Court or High Court
on recommendation of Supreme Judicial Council. Financial powers-President appoints Auditor-general
members of National Economic Council and National Finance Commission. He can declare financial
emergency. Process of Election rely on Formulaic voting by Provincial Assemblies voting. The number of
members of each province is divided by the number of the members of Balochistan to draw the ratio of
the votes. E.g.: Punjab Assembly members are 371 o 371/65 is equal to 6 members-6 members equal to
1 vote in Presidential election. KPK Assembly members are 124 o 124/65 = 2-2 members = 1 vote. Sindh
Assembly members are 178-178/65 = 3-3 members = 1 vote. Balochistan Assembly members are 65-
65/65 = 1-1 member = 1 vote. Voting is done in Joint sitting of the parliament.

THE PRIME MINISTER: The West Minister style of Parliamentary system of governance is prevalent in
Pakistan. The Eighteenth Amendment has re-invigorated the parliamentary supremacy in Pakistan.
President has become ceremonial head of state; whereas, the real powers are being exercised by Prime
Minster. Prime Minister is Chief Executive as well as the head of Govt. Qualifications-Citizen of Pakistan.
Qualified to be the member of national Assembly under Article: 62. PM takes Oath in Presence of
President. A resolution for a vote of no confidence can be moved by not less than twenty percent of the
total membership of national Assembly.PM submits his resignation to the President. After his
resignation the entire ministers shall cease to hold offices. All the powers of state’s head are exercised in
actual sense, by the Prime Minister. Prime Minister performs all the functions by heading the cabinet
and the ministers. P.M is elected through direct election. A majority party leader becomes PM for 5
years of term.

PARLIAMENT: Parliament of Islamic Democratic Republic of Pakistan is consisted of the President and
the two houses: Senate and National Assembly.

a. NAITONAL ASSEMBLY: It is lower house of Parliament. Its members are directly elected through
free and secret ballot on the basis of adult franchise. Representation is given on the basis of
population (proportionally). Qualification-Citizen of Pakistan; Resident of Provincial City;
Qualified under Article: 62 and 63. Its duration is 5 years from the day of its first meeting.
National Assembly can legislate regarding the federal list part I and part II. It controls finances of
the federation. It approves budget and all proposals for expenditure and taxation. It controls the
executive. Parliamentary committees-Parliament functions through its committees. According to
Article 51.1); There shall be [three hundred and thirty-six] seats for members in the
National Assembly, including seats reserved for women and non-Muslims.
 Province / General Women Non- Total Seats
Area Seats Seats Muslim
Balochistan 16 4 20
Khyber 45 10 55
Pakhtunkhwa
Punjab 141 32 173
Sindh 61 14 75
Federal Capital 3 - 3
10 10
Total 266 60 10 336

b. SENATE: It is upper house of parliament. Its representation is given on equality basis to all the
federating units. Senate is called house of federation including the members of federating units
and federal capital territory. Each of the four provincial assemblies shall elect in the next Senate
election twenty three members from their respective provinces that include fourteen on general
seats, four on seats reserved for technocrats including Ulema, four on seats reserved for women
and one on seat reserved for non-Muslims After May 2018, the 25th amendment FATA seats
merged in KPK - Senate total 96 seats. Article: 59 of the constitution-It is a permanent house of
parliament-One half of its members retire after every three years. A casual vacancy in senate is
caused by resignation, death, removal, or disqualification. The members are elected through
single transferable vote. At the first meeting of senate its Chairman and Deputy Chairman are
elected among the members for 3 years term. Qualification for the members - Registered voter
of the area. Qualified under Article 62 of the constitution-Not less than 30 years of age. It is a
permanent house, cannot be dissolved. Its term is 6 years. o One half of its member retire after
3 years and are re-elected. Parliament of Pakistan functions through its standing committee.
Committees are given specific roles and areas of influence.

Judiciary: The law made by the parliament is interpreted and the cases are adjudicated by the
judiciary. Administration and provision of justice is done by the judiciary of Pakistan. Hierarchy of
Judiciary; Lower Courts: -Civil Courts: Deal with the cases of civil nature and Criminal Courts: Deals
with the cases of criminal nature. High Courts: High Courts are installed in each province. High
courts monitors the lower judiciary in their respective provinces. Supreme Court: Supreme Court is
the apex court in Pakistan. Supreme Court represents the federation.

CONSTITUTIONS OF PAKISTAN: A COMPARATIVE ANALYSIS

CONSTITUENT ASSEMBLY: Constituent Assembly of undivided India was established in the result of
1946 election. After partition it divided into two parts, one for dominion of India and other for the
dominion of Pakistan. Constituent Assembly was allowed to exercise all the powers which were
formerly exercised by the central legislature. Constituent Assembly was allocated the task of
constitution making, until new constitution is made, the governance will be done in-accordance with
Government of India Act 1935.

Composition of First constituent Assembly of Pakistan: The constituent assembly was elected by
the provincial legislatures, where no legislature existed, there was given the representation. The
initial strength of constituent assembly was 69 seats which was raised to 79 afterward. Territorially
the seats of constituent assembly were given on population basis such as: Provincial Legislature:
East Pakistan 44 seats; Punjab 22 seats; Sindh 5 seats and KPK 3 seats. Where no Provincial
 Legislature as Balochistan States 1 Seat, Quetta Municipality 1 seat, Bahawalpur 1 seat, Khairpur 1
seat and NWFP states 1 seat. There were two political parties in constituent assembly. Pakistan
Muslim League – Largest party: 59 Seats (Muslims) and Pakistan National Congress (Hindus): First
session of Constituent Assembly On Aug 10, 1947, first session held at Sindh Assembly building
Karachi. Jinnah was elected as president of constituent assembly unanimously. Approved National
flag also. On Aug 12, 1947, the assembly approved a resolution: officially addressing Jinnah as
“Quaid-e-Azam M. Ali Jinnah”. On Aug 14, 1947, Pakistan became independent state, Lord Louis
Mountbatten addressed Constituent Assembly of Pakistan. Jinnah Sworn in as first Governor
General of Pakistan on Aug 15, 1947 until Sep. 11, 1948.

COMPARISON OF PAKISTAN CONSTITUTIONS (1956, 1962, 1973)

1956 1962 1973

Enforcement 23 March 25 March 14th August
Nature written written unwritten
Articles 234 + 6 schedules 250 + 5 schedules 280 + 12 parts = 6 schedules
Preamble Objective Resolution 1949 Objective Resolution 1949 Objective Resolution 1949

Language Urdu and Bengali Urdu and Bengali Urdu

Flexibility Flexible Rigid Flexible
System of governance Federal Federal Federal
Form of govt. Parliamentary Presidential- Tailor made Parliamentary
Name of Country Islamic Republic of Democratic Islamic Republic Islamic Republic of Pakistan
Pakistan of Pakistan
Legislature Unicameral Unicameral bicameral
referendum no yes Yes-but only by highest
authority
Islamic Provisions provided Provided-altered via 1963 No legislation in contradiction
amendment to shariah
Islamic institutions no 2- Advisory Council and CII and Federal Sharia Court
Islamic Research Institute
Executive powers Prime Minister President Prime Minister
List of subjects 3 2- Center and Provincial 2- federal and residuary
Powers of president Reasonable Absolute powers ceremonial
Supreme judicial council No Supreme Judicial Council Hierarchical Organization
Fundamental rights Civil and Political rights Ensured later via amendment Ensured and Secured
suspended
Violation of Constitution No penalty No penalty High Treason
Abrogation October-1958 1969 Functional till date
 CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA

The people’s republic of China came into existence on Oct 1st, 1949 composed of 23 provinces, five
autonomous regions, and four municipalities. Hong Kong and Macau are special administrative regions.
The first constitution was promulgated in 1954 modeled after the 1936 constitution of the Soviet Union.
The second constitution in 1975 and the third one in 1978 were promulgated. The current version was
adopted by the 5th National People’s Congress on Dec 4, 1982, with further revisions in 1988, 1993, and
2004 (including the consideration of private property). Until the Chinese first constitution of 1954, the
People’s Republic of China had neither legislature nor any constitutional functioning structure. “The
Chinese People’s Political Consultative Conference” (CPCC) governed it. The authoritarian controls have
been a bit relaxed after the death of Mao in Sep 1976 and the current constitution was adopted with a
few liberal ideals to interact with global political communities (China’s opening-up policy in the 1970s).

SALIENT FEATURES OF CONSTITUTION OF 1982

a. Unitary State: Under the formula of “One county, two systems”. China has a total of thirty-
three sub-national units governed under a unitary system without division or distribution of
powers. All the powers rest with the central govt., provincial, regional or local governments are
under full control of the central government.
b. Written and Enacted Constitution: Constitution of 1982 was drafted by National Constitution
Revision Committee; discussed by standing Committee and the public; and passed by 5th
National People’s Congress on 4th of Dec, 1982.
c. A Rigid Constitution: A special method of amendment is adopted
d. Unicameral system: China is experiencing a unicameral legislature named “National People’s
Congress (NPC)” consisting of deputies elected indirectly for five years. NPC follows the
directives of the communist party (One party in China).
e. Standing Committee: It is a continuous functioning legislature. It is elected by the National
People’s Congress.
f. A socialist state: All the powers belong to the people exercised by the Communist party of
China. The concept of public ownership is prevalent managed and controlled by the state.
g. Centralized military commission: its members are elected by NPC to direct the armed forces of
the state.
h. Democratic Centralism: It is democratic centralism to the organization of the communist party
and the govt. The leading roles in the party are elected through democratic consultation. The
Highest Body of State. It is NPC, the highest organ of state power.
i. Collective Executive: The executive authority of the head of state is vested in the “Standing
Committee” of NPC.
j. One party System: The Communist party acts as the ruler of China. Govt. is merely the
mechanism through which a party operates policies, instructions and supervision.
k. Fundamental Rights and Duties: The constitution contains a separate chapter on Fundamental
Rights and Duties of Citizens.
l. Work, a Matter of Honor: The state encourages citizens to take part in Labor. Work is a matter
of honor for every citizen who can work.
m. Planned Economy: The state practices a planned economy based on socialist public ownership
and socialist market economy.
n. A People’s Democratic Dictatorship State: Constitution under Article: 1 describes China as a
“People’s democratic dictatorship” which means a system based upon an alliance of working
classes led by the communist party – the vanguard of the working class.
 o. Ownership of Means of Production: A state-owned system co-exists with other ownership
systems. China’s distribution system takes to each according to his work.
p. Rights to property: Constitution provides that lawful private property is inviolable protects the
rights of citizens to private property and its inheritance. Property rights law was first enacted in
2007 with a framework of property rights protection.
q. Power with the people: The National People’s Congress and the local people’s congress are
elected by the people at different levels.

FUNDAMENTAL RIGHTS & DUTIES OF CHINESE: Freedom of speech and thought. Signed international
covenant on civil and political rights. Freedom of religious belief. Inviolability of person homes. Right to
educate and scientific research. Equality of women-Beijing declaration and platform for action was
adopted at fourth UN World conference on women held in Beijing in 1995-Gender Equality. Right to
work, rest and leisure. Right to material assistance-Social Securities. Right for the redress of Grievances.

THE CONSTITUTIONAL STRUCTURE OF THE STATE: The constitutional structure of China is composed of
NPC – a unicameral legislature, the standing committee of NPC, the president – a ceremonial head of
state, the state council, the cabinet with premier as its head, and the judicial system comprising
supreme people’s court and supreme people’s procuratorate.

The legislature – The national people’s congress: NPC is unicameral legislature. NPC is the highest organ
of state power and legislative authority in a unitary form of govt.

a. Composition: Constitution is silent about NPC elections and members. It is a huge body, the
largest in the world almost composed of nearly 2000 delegates elected by provinces, regions,
municipalities, and armed forces. The real influence lies within the standing committee of about
150 members elected from congress delegates. 70% of its delegates are also party members.
b. Tenure: Elected for 5 years. The election is organized and conducted by the standing committee,
two months before the expiry of the old NPC.
c. Session: At least one session in a year must be convened by the standing committee. More
sessions can be convened on the proposal of 1/5th of the total members of NPC.
d. Functions: Law-making, during NPC is at recess, standing committee legislates.
e. Enforcement of constitution: Elects president, vice president, prime minister and other
members of the state council, the members of the standing committee. Auditor General,
secretary-general of the state council, etc.
f. Amendment of the constitution by 2/3rd majority of NPC deputies. Economic and social
planning. Approval of development plans. Approves budget prepared by the government.
Statutes and resolutions are adopted. Can alter boundaries of provinces regions or
municipalities. Take decisions regarding the establishment of special administrative regions.

The standing committee of NPC: It is the National People’s Congress in miniature. It is a permanently
functioning organ of govt. decided upon in higher councils of the party. It gives necessary legal form and
authority to the acts of the state. It is composed of a chairman, vice chairman, secretary-general, and
other members are elected at the first session of each NPC. Its tenure is the same as that of the NPC. It
performs multifarious functions: legislative, electoral, executive, judicial, etc.

The State Council: It is the highest organ of state administration responsible to NPC (5 years). Under
article: 85, the state council is the people’s central government. It is composed of Premier, vice premier,
state councilors, ministers in charge of commissions, auditor general, and the secretary-general. Its
tenure is the same as that of NPC – 5 years.
PRESIDENT OF THE PEOPLE’S REPUBLIC OF CHINA: China is a unitary state. Power is divided between
the president (Head of state) and the premier (Head of govt.). The office of president was created in
1954 and under the constitution of 1982 it was reinstated. President is the ceremonial head of state.
Since 1993, the presidency has been held simultaneously by the General Secretary of the Chinese
Communist Party – the top leader of the one-party state. Xi Jinping is holding office since March 14,
2013 and has been declared as president for life. Qualification and Election-45 years of age and Chinese
citizen. He is elected by NPC after the nomination by NPC Presidium – the congress’s executive organ.
The ruling communist party reserves the post of president for its current general secretary. President is
elected from a “one-name ballot”. He is elected for 5 years by NPC. Between 1982 to March 11, 2018
the president and vice president were limited to two consecutive terms. However, these limits were
removed by the National People’s Congress on March 11, 2018. President in China is a ceremonial post,
not exercising actual powers as the President of the USA. President's powers require the approval of
NPC. Political Ranking-President is also General Secretary of the Chinese Communist Party, ranking first
in the party and the state. He is also called the chairman of the People’s Republic of China. President is
also the chairman of the central military commission.

THE PREMIER: The Prime minister is head of the state council as well as the head of govt. Premier’s
name is proposed by the president to NPC after approval of NPC, the president appoints him. Prime
minister’s removal is decided by NPC and implemented by the president. His tenure is the same as that
of NPC – 5 years. Prime Minister does not enjoy a pivotal position because all the functions are headed
and directed finally by NPC.

THE JUDICIAL SYSTEM: In a socialist state, the judiciary is not independent. It protects only the socialist
legality and strengthens the socialist system of govt. The hierarchy of courts stands only under the
commands of the vanguard – Communist Party of China. Supreme people’s court, at the judicial higher
organ. Higher people’s courts, at provincial and regional level. Intermediate people’s courts, at the
municipality level. Basic people’s courts, at municipal districts’ level.

The people’s procuratorates: Four -year’s term coincides with NPC – procurator ate General is elected
by NPC. Local people’s procuratorates are elected by local organs of state authority.

CHINESE COMMUNITY PARTY: It is the vanguard of people. It has maintained a political monopoly. Its
current leader is Xi Jinping called Secretary-General. It was founded in 1921, inspired by Russian
Revolution. The party holds all the powers in the state. Its central committee consists of 370 members
from all the spheres, acts as the board of directors

POLITICAL SYSTEM OF TURKEY

In Turkey, the First constitution of the Ottoman Empire was adopted in 1876 and revised in 1908. The
modern Turkish state is experienced and governed under four documents. The constitution of 1921, the
constitution of 1924, the constitution of 1961 and the current constitution of 1982 was enacted after
Sep 12, 1980, military intervention. The current constitution was adopted on the 7th of Nov, 1982 after
a constitutional referendum. Previously, state was presidential-cum-parliamentary, but after the
passing of revisions by the National Assembly on January 21, 2017 and approved on April 16, 2017,
abolished the position of Prime Minister on July 9, 2018 and designated president as both the head of
state and the govt. (Presidential State). Turkey is a unitary presidential constitutional republic. The
constitution of 1982 has three irrevocable articles in it.

A. Article: 1 – Form of the state is Republic.

 B. Article: 2 – Characteristic of Republic: A democratic, secular, social state governed by rule of law,
public peace, national solidarity and justice, respecting human rights, etc.
C. Article: 3 – integrity of state, language – Turkish, flag, National Anthem, Capital – Ankara.
D. Article: 4 – Irrevocable provisions: Art: 1, Art: 2, and Art: 3 nor shall be amended or proposed for
amendment.

SALIENT FEATURES OF TURKISH CONSTITUTION

a. Unitary Presidential Constitutional Republic: Unitary form of govt. along with the president as
head and local govt. for the convenience of the Administration.
b. Unicameralism: The Grand National assembly is unicameral consisted of one house.
c. Separation of powers: All the three organs of govt. are separate in exercising their powers.
d. A written constitution: 177 Articles-It was amended nineteen times – three of them through a
referendum.
e. A rigid constitution: A special procedure is adopted for amendment. Amendment can be
proposed by at least one-third of the total membership of the grand national assembly, it must
be debated twice in preliminary session and may be adopted by 3/5th majority. President can
refer amendment to parliament for reconsideration. He may also refer amendments for
referendum.
f. Fundamental Rights: It contains a list of Fundamental Rights.
g. Independence of judiciary: Under article: 138 – judges shall be independent in discharge of their
duty.
h. Sovereignty of public: Turk Nation shall exercise its sovereignty through the legislature and
authorized organs.
i. Secular constitution: Article: 2 of the constitution declares that the Republic of Turkey is
democratic, secular, and a republic. The state has no religion.

ORGANIZATION OF TURKISH GOVERNMENT

The Legislature: The term is 5 years. Turkish parliament consists of one house called: “Turkish Grand
National Assembly” (TGNA). Under the constitution of 1982. TGNA is composed of 550 deputies,
convenes its own accord on the first day of October of each year. The Chairmanship council of TGNA. It
consists of the speaker of the house, deputies, scribe members, and administration supervisory
members. Assembly decides by absolute majority votes. TGNA is a supreme legislative body. The public
is represented by elected deputies in TGNA. Functions of TGNA=Legislation, Representation, Scrutiny
through debates, questions, inquiry, To monitor the actions of the council of ministers and the ministers,
Treaties ratification, Passes budget and bills.

The Executive: The President of the republic is head of state. Executive powers and functions are carried
out by the president of the republic and the council of ministers. President is head of state as well as the
head of Govt. He is elected for 5 years through direct election concluded by universal suffrage for a
maximum of two terms. Qualification-40 years of age-Turkish citizen-Member of TGNA. Powers and
Functions= Commander-in-chief of armed forces; Appoints envoys; Head of the executive; Chairs the
meetings of the council of ministers; Opening address of TGNA on the first day of the legislative year;
Can call a session of TGNA. He promulgates laws being head of state. He can return laws to TGNA for
reconsideration. He may submit the bill to a referendum. He appoints the members of the constitutional
court. President takes oath in front of TGNA. The Chairman of TGNA shall serve as acting president.
The council of ministers: It is chaired by the president. Its members are appointed by the president. The
fundamental duty of the council of ministers is to formulate and implement the internal and foreign
policies of the state. The council of the ministers is accountable to parliament.

National Security Council: It is a constitutional council firstly established by the 1961 constitution. It is
composed of civil and military members, authorized to make decisions regarding national security
matters of state.

The state supervisory council: It was established through the 1982 constitution. It is attached to the
office of the president. Its purpose is to ensure and improve the regular and efficient functioning of the
administration.

The Judiciary: There are seven types of courts in Turkey.

a. Constitutional Court: Constitutional Justice is done by it. It is the Supreme Court of Turkey.
b. Administrative court: It deals with matters of administrative nature
c. Military administrative court:
d. Court of jurisdiction disputes
e. The election court

THE MILITARY ROLE IN TURK POLITICS: The legacy of military involvement in Turkish politics goes back to
Ottoman times. The military played a key role in the history of the Ottoman Empire. Military institution
involved according to Western models, the new generation of reformist officers pioneered political
modernization by leading the 1876 revolution and the Young Turk revolution in 1908. Post World War I,
Mustafa Kamal appeared as a political and military leader, He and his generals transformed the Ottoman
Empire into a modern nation-state. This Modernization process was led by the military. In the first year
of the republic, Mustafa Kamal tried to remove the army from politics but never completely. The current
position of the military in Turk politics is the result of a long-term process. It also has caused a dilemma
for Turk – European Union relations as European Union principles are opposed to military involvement
in politics. European Union was trying to push Turkish reforms in civil-military relations specified in
Copenhagen Criteria: Political, economic, and related to obligations of European Union membership.
Therefore, there was an ongoing struggle for power between Erdogan’s govt. and the military.
Eventually, the failure of the military coup revealed the military ambitions curbed by public non-
acceptance but still, there are serious difficulties in terms of establishing full civilian control over the
military. Turkey witnessed 4 Martial Laws:

1st 27 may 1960 Due to govt. opposition tussle

2nd 12 March 1971 Due to worst economic conditions
rd
3 27 feb 1977 Islamic Welfare Party wanted to govern country in an Islamic Way
4th 12 sept 1980 Political unrest for 11 Pm had changed in 10 years.
On the other side of the coin, the modern interest of turkey was to join NATO and for this purpose
military attempted another coup on 15th July 2016, which gave rise to a mass opposition by public and
widespread protests.

CONSTITUTIONAL AND POLITICAL DEVELOPMENT of PAKISTAN

On 10th Aug 1947, 1st session of Constituent Assembly was held – 69 members (10 non-Muslims). For
Governor General’s elections and its president. Jinnah was entitled for Governor-General-oath was
taken by Justice Abdul Rashid. Liaquat A. Khan’s was Prime Minister of interim govt. because
Constitutional Assembly was interim under Indian Act 1935 – until the first constitution of 1956. Death
of Jinnah, Kashmir issues, Princely states, Economic, and administrative, problems etc., and the
opposition from religious groups serve as the major reasons behind the delay in constitution making in
Pakistan.

For constitution-making, there are four steps: Nature-Draft-Structure and Promulgation.

Nature: Objective Resolution-On 12 March 1949, the Nature of the constitution was set by Constituent
Assembly by passing objectives Resolution. It was the amalgamation of liberal and Islamic
characteristics. Salient Features: Sovereignty rests with Allah, People will exercise it; Islamic way of life;
Equal citizenship; Minority rights, etc.; and Independence of Judiciary. Hence, the constitution was
moderate in nature, whereas the conservative Ulemas, rural class, and religious groups wanted an
Islamic constitution (Theocratic).

STRUCTURE OF CONSTITUTION: The structure must be set by Constituent Assembly, but to appease
Ulema, “the Basic Principles Committee” (BPC) was established. It was the prerogative of the Prime
Minister to take its members from Constituent Assembly or from outside. (Politicization resulted in
delay).

a. First interim report in 1950 was presented due to political pressure. President must be 40
years of age-5 year term. Parliamentary form of govt. (in multi-ethnic society). Bi-cameral
legislation-House of unit (Senate) and House of people (National Assembly). Flaws in First
Interim Report: No proportion of seats was given (No proportional representation). Urdu
would be National Language of 55% East Pakistan, 14% West Pakistan. Dissolution of
assembly by the president on the advice of the Prime Minister. The report was rejected by
Constituent Assembly.
b. Second Interim Report 1952: The basic principles committee submitted a report in 1952. It
was delayed due to the murder of Prime Minister Liaquat Ali Khan 1951. Muslim League lost
popularity until then. President would be Muslim. The nature and structure of the
Constitution were conflictual. Bicameralism: (Representation). Five units were made- East
Pakistan, Punjab, Sindh, NWFP, Karachi and others. 120 seats HOU (House of Unit): 60 – East
Pakistan and 60 – other four units. Punjab was given 27 seats, more seats than the rest of
the units (It Bred Nationalism). 400 Seats HOP (House of People), 200 – East Pakistan: 55%
population but seats 50%. 200 – Other four units. 11 Punjab seats (Again Discrimination).
Decision Making in Joint Session (Exploitation). The new assembly will decide Language.
Dissolution of assembly by the president on the recommendation of Council of Ministers.
Prime Minister was paralyzed-(Military-Bureaucratic Oligarchy). Ghulam Muhammad was
Prime Minister and Khwaja Nizam-ud-din was Governor-General. The second interim report
was also rejected. Prime Minister Muhammad Ali Bogra came to seat in Oct 1953. There
were three issues in reports: • Representation • Dissolution of assembly • Language.
c. Bogra Formula: Representation Issue-Bicameralism. Bicameral Parliament-House of Unit
(Upper House). Equal representation-10 each (5 units = 50 seats)-On the basis of basic
principles while in House of People (Lower House) 300 seats (165 East Pakistan).
Representation proportion to population. But still, issue during Law-making. In joint session
– 350 total members- for which 2/3rd majority was selected instead of simple majority.
Issue of dissolution of the assembly-None will dissolve the assembly. Language issue-English
would be the official language-Bengali + Urdu would be National Languages. All other
languages would be approved by the provincial assemblies. 1-year Debate continued on the
 Bogra formula. Finally, the report was approved by Constituent Assembly. All the plan was
against bureaucracy and military.
d. Dissolution of Constituent Assembly: In Oct 1954, Governor-General Malik Ghulam
Muhammad dissolved Constituent Assembly. Molvi Tamiz-ud-din Case: Molvi Tamiz-ud-din
vs State. Molvi Tamiz-ud-din filed Writ in Sindh High Court. Governor-General cannot
dissolve the assembly. Argued: That Under 1935 Act on the recommendation of Governor of
the province, Governor-General can dissolve the provincial assembly, but cannot dissolve
Constituent Assembly. The Constituent Assembly was restored by Sindh High Court.
Governor-General filed writ in Federal Court. State vs. Molvi Tamiz-ud-din-Justice Munir
heard. He gave the Doctrine of Necessity. Held: Although there is no provision of dissolution
but also no provision of un-dissolution. In July 1955: The next Constituent Assembly was
made by Justice Munir (the case of Ausaf Patial). The new governor-general was Sikandar
Mirza (Bureaucrat + Military Man). All the military coups were done under the doctrine of
necessity. Aftwerward, Ch. Iftikhar repealed the Doctrine of Necessity.
e. Interim Report 1955: The next interim report was submitted in constituent assembly in
1955. Unicameral legislation. In Sep 1955, the One-Unit Scheme was introduced.
Representation according to units. Made two units; East Pakistan-Dhaka and West Pakistan-
Lahore. Promulgation of First Constitution. Finally, on 23rd March 1956, the first
Constitution was promulgated-General elections were to be held in one year. Unfortunately
in 1957, No elections were held because (civilmilitary interests). IN OCT 1958-MARSHALL
LAW. Under Governor-General Sikandar Mirza. He invited Ayub Khan as Prime Minister then
marshall law administrator by toppling down the existing govt.
f. Basic Democracy Ordinance: A basic democratic system was introduced. In the referendum
in 1959, Ayub became President and passed the basic democracy ordinance. Local bodies
were installed (80,000 BDs). Elected-40 thousand (E. Pak) and 40 thousand (W. Pak). BDs –
councilors, chairman, women, minorities, etc. 1st Election of Pakistan 1962, Only by BDs
vote – not adult Franchise. Not a single Bengali was elected to National Assembly.
g. CONSTITUTION OF 1962: The new constitution of Pakistan 1962. Presidential form of Govt.
President will appoint its ministers. President and his ministers are not accountable to
National Assembly. BDs will vote for the presidential election under the constitution of
1962. Fatima Jinnah vs. Ayub-Lead was only of 22000 votes – Ayub Khan won. Momentum
would have led to any revolution, had there not been the 1965 war. In 1967 during the
National Assembly election, the BD system elected Ayub Khan from the Muslim League
forum.
h. FALL OF DHAKA: In 1967, Agartala conspiracy-The East Pakistan leadership was arrested. In
Pakistan Populace awoke. In 1969, Ayub Khan resigned. Yahya khan took over the govt. The
presidential election held under the constitution of 1962. Balochistan became a province in
1970. First General Elections- In 1970, the General elections were held under adult
Franchise for 1st time in history. Pakistan People’s Party-Zulfiqar Ali Bhutto won from West
Pakistan. Awami League-Sheikh Mujeeb-ur-Rehman won: But no assembly session was
conducted, Bhutto & Wali Khan joined together by 159 seats so that Mujeeb could be got a
rid of. East-Pakistan claimed separation, slogans started from general masses.
(BANGLADESH GLOBAL HISTORY – BOOK). Yehya khan met Mujeeb ur Rehman in April 1971
and consoled for assembly session in 1 month. Political riots started in East Pakistan. A
military operation was done against people's riots. Indira Gandhi sought permission from
congress on humanitarian intervention. On 16 December 1971 fall of Dhaka occurred.
 Civilian Martial Law was imposed in provinces not in the center after the resignation of
Yahya Khan. Bhutto was made Civilian martial law administrator in 1971. He became
president in 1972, under the constitution of 1962. On 14 Aug, 1973 new constitution was
enforced. It was not passed by assembly but made by the consensus of all political parties.
In the 1970s, Dictators and kings were ruling all the Muslim world. It impacted Bhutto- Ch.
Fazal Ellahi became President and Zulfiqar Ali Bhutto became Prime Minister, he cornered all
the elements of distrust.
i. Recognition of Bangladesh: In 1974, the OIC summit was to be held in Lahore. First
constitutional amendment was passed in 1974 – All the provisions of East Pakistan were
excluded (Pakistan Recognized Bangladesh) under Muslim world pressure that Mujeeb will
come to Pakistan.

ZULFIQAR ALI BHUTTO ERA (1971-77): 1st parliamentary form of govt. formed after the 1973
constitution. But the centralization of power on prior patterns was done by Zulfiqar Ali Bhutto. Political
groups gave a tough time to Bhutto. During and after the 1977 election, Religious groups started Tehrik-
i-Nifaz-iNizam-i-Mustafa against Bhutto's rule. Political opponents and other groups joined the
Movement. Military got the chance. General Zia-ul-Haq joined the movement against Bhutto.

ZIA-UL-HAQ ERA (MILITARY RULE) (1977-88: Military Coup in 1977). Clan politics started in Pakistan.
The political parties were absent in politics. General Zia-ul-Haq waged Military Coup in 1977. Zia nexus
with the religious groups. He promised to conduct elections in 90 days. In 1979 only local bodies'
election was conducted on Non-party-based election. Through a referendum, General Zia-ul-Haq
became president. In 1985, non-party-based elections were held. Clan Politics-Spoiled voting behavior as
well as the political culture of Pakistan. Muhammad Khan Junejo as Puppet Prime Minister was installed.
In 1988, Zia-ul-Haq died in Craft Crash. Ghulam Ishaq Khan was Chairman Senate became president.

SO-CALLED DEMOCRATIC ERA (1988-99)

a. 1ST Democratic Era: In the 1988 general elections, Pakistan People’s Party won, Benazir Bhutto
became the youngest and the first lady Prime Minister in Muslim World. After 2 years Pakistan
People’s Party govt. was dissolved by Ghulam Ishaq Khan.
b. 2nd Democratic Era: In 1990 Nawaz Sharif came into govt., about after 3 years the govt. was
dissolved again. Nawaz Sharif put the matter in Supreme Court. Supreme Court Restored the
govt. Afterward, Nawaz Sharif and Ghulam Ishaq Khan resigned. Farooq Laghari’s interim govt.
was installed and general elections were called.
c. 3rd Democratic Era: As a result of the election 1993, Pakistan People’s Party won again.
Afterward, Farooq Laghari toppled down Pakistan People’s Party.
d. 4th Democratic Era: As a result of the 1997 election, PML(N) won by the absolute majority. But
PLM(N) had a clash with judiciary (Chief Justice Sajjad Ali Shah) & Military (Chief. Jahangir
Karamat). In the Kargil war 1999, PML(N) again had a clash with the military for on the Foreign
policy they both were not on the same page.

Military Coup 1999: On 12 Oct, 1999 through Military coup, General Pervaiz Musharaf overthrew the
2/3rd majority rule of PMLN. General Pervaiz Musharaf took legitimacy by Legal Framework Ordinance
(LFO). General Pervaiz Musharaf claimed to conduct elections in three years till Oct 12, 2002 with the
help of judiciary. General Pervaiz Musharraf introduced Real Democracy, where instead of joining hands
with bureaucracy, he made puppet politicians – Nazims (By votes of union Nazims). Local govt was
empowered and Bureaucracy was sidelined-under Nazims.
Devolution plan 2001: New leadership came on board through the local govt. Military dictator held a
referendum after local govt. Before it, Chief Executive could not become president, but Pervaiz
Musharaf got public opinion through a referendum that the man in uniform can be the president.
Referendum Results were submitted in Supreme Court and got Justification of his rule.

LAST MILITARY ERA (1999-2008): In October 2002 General Elections- PML(Q) Govt. was installed.
Musharraf’s first five years tenure completed and the next president was to be taken from Assemblies.
He became candidate from PML(Q), opponent went in Supreme Court that CAOS cannot be elected they
were countered by Referendum Results. Musharraf Became President. The political situation got worst
against Musharraf in 2007 due to several issues as The Lal Mosque operation, Akbar Bugti’s
assassination, Benazir Bhutto’s Assassination. However, the Social sector was pro-military rule. NRO was
signed with Pakistan People’s Party Parliamentarian by Musharraf.

DEMOCRATIC RULE (2008-PRESENT)

a. The first Democratic Rule: In the 2008 election, Pakistan People’s Party won. Best of the best
constitutional package was given by the Pakistan People’s Party govt. FATA reforms, GB reforms
and 18th Amendment, etc. were introduced. Pakistan People’s Party Government was first
democratic rule that completed its five years term in the history of Pakistan form 2008 to 2013.
b. The second Democratic Rule: In 2013 General elections PML (N) won. It was the first transition
from democratic govt. to a democratic govt. From 2013 to 2018 PML(N) completed its five years
term. It was second democratic rule which completed its five year term.
c. The third Democratic Rule: In 2018 general elections Pakistan Tehrik-e-Insaaf came to rule. It
was a third democratic transition. First time in the political history of Pakistan the political
culture evolved and resulted in political development by changing the political behavior of the
nation, from 2008 till now. On 10 April 2022; The no-confidence motion passes with 174 votes, a
majority in the National Assembly, which resulted in Imran Khan losing the confidence of the
house and ceasing to hold office of prime minister.

AMENDMENTS IN CONSTITUTIONS:

 1st Amendment: May 4, 1974 – Provisions of East Pakistan excluded.

 2nd Amendment: Sep 7, 1974 – Qadianies were declared Non-Muslims.
 3rd Amendment: (Feb 18, 1975), Preventive Detention – for 90 days state can put in jail.
 4th Amendment: (Nov 21, 1975), Lower Courts will not entertain preventive detention cases
 5th Amendment: (Sep 5, 1976), High Court will not grant bail in preventive detention cases.
 6th Amendment: Dec 22, 1976 – Age of Retirement of Judges: High Court– 62 years, Supreme
Court – 65 years
 7th Amendment: May 16, 1977: Prime Minister can take the vote of confidence directly by people
if not from Assembly.
 8th Amendment: Nov 11, 1985 – Under Zia-ul-Haq – Semi-presidential from parliamentary (The
form of govt. was changed) through which President had power to dissolve assembly as per article
58 (2) (b).
 9th Amendment: 1985 – Sharia Bill [Introduced by Zia-ul-Haq] (not passed)
 10th Amendment: Mar 29, 1987 – Session of Assembly in 130 days.
 11th Amendment: 1989 – Women Share in Provincial Assembly and National Assembly, it
remained pending from 1989 to 1992 afterward Bill was withdrawn and eventually excluded from
 Agenda. Ch. Shujjat – Interior Minister in PML (N) govt. said to Benazir on the floor of assembly that
politics is not the job of women.
 12th Amendment: 1991 – Karachi operation, therefore, speedy trial courts were established for
three years – Speedy Justice.
 13th Amendment: 1997 – Repealed 8th Amendment to secure govt. not democracy, the
powerhouse was made parliament.
 14th Amendment: July 3, 1997 – Party Defection Bill, floor-crossing bill: cancelation of membership
from Provincial and National Assemblies-now solution is Forward bloc-
 15th Amendment: 1998 – Sharia Bill, Ruler will be called Ameer-ul-Momineen. It passed in 13
minutes in National Assembly but obstructed in Senate, it was asked that which brand of Shariah
would be imposed.
 16th Amendment: 1999 – Extension of Quota (from 20-40 years) as per 1973. In 2013 – in 2013
further Extension – if the change in quota is required then amendment would be done in
constitution.
 17th Amendment: 2003-In Pervaiz Musharraf rule, assembly repealed 13th Amendment. Power of
dissolution of assembly was given to president again, all parties approved it except Pakistan
People’s Party and PMLN. (Black Day)
 18th Amendment: April 8, 2010, under the charter of democracy: Mini Constitution (102 Articles).
It repealed 17th Amendment, empowered Prime Minister, president will seek approval from prime
minister to dissolve the assembly. Provincial autonomy – abolished current list. Renamed the
provinces: Sind – Sindh; Baluchistan – Balochistan; and NWFP – KPK. Islamabad High Court was
established. Art: 175 (A) Judicial commission was composed of Chief Justice Pakistan. 2 members of
Pakistan Bar Council, Law Minister along with parliamentary committee consisted of 12 MNAs.
Minorities 1 seat from each province in senate. Art: 25 (A) – Free education till 16 years. NFC
Award-43% of NFC would be given to federal govt.- 57% of NFC would be given to the Provinces.
 19th Amendment: Dec 22, 2010: The parliamentary committee will not see the conduct of the
judge but judicial commission. Solution: 6 members MNA & 6 members Senators.
 20th Amendment: Feb 14, 2012 – For free and fair elections: Caretaker govt. with the consensus of
the leader of the house and the opposition leader.
 21st Amendment: Jan 7, 2015 – Military courts for 2 years. (2015-17)
 22nd Amendment: June 8, 2016 – empowerment of PEC to appoint Chief Election commission.
 23rd Amendment: Jan 7, 2017 – Extension of Military Courts for further 2 years.
 24th Amendment: Dec 22, 2017 – Delimitations. After the 2017 census, reallocation of NA seats:
Balochistan 16 – 2 added; KPK 39 – 4 added; Fata 12; Sindh 61; Punjab 141 – lose 7; and Islamabad
3 – 1 added.
 25th Amendment: May 21, 2018, FATA merger with KPK.
 26th Amendment: May 3, 2019 – seats of tribal districts in National Assembly will be retained at
12.

CRITICAL ANALYSIS

a. First 8 on necessity basis compulsion, not on genuine causes.

b. Struggle for Power: 8, 13, 17, 18
c. Violation of Human Rights: 3, 4, 5 – Preventive detention; Speedy trial courts-12 and Military
Courts via 21, 23.
d. General Provisions: Except 6 & 10, all the amendments were result of politicization – subject to
criticism. Political agenda was power only. Not humanitarian agenda.
CIVIIL MILITARY RELATIONS: Both never on same page in 7 decades

a. 1st Phase: 1951-1958-Deteriorated relations

b. 2nd Phase: 1958-1971
c. 3rd Phase: 1971-1977- Zulfiqar Ali Bhutto era.
d. 4th Phase: 1977-88 Military Rule-Zia-ul-Haq era.
e. 5th Phase: So-called democratic era-1988-99-Rifts between civil military relations. A Number of
issues were there: political, foreign policy, economy, etc. Lack of interest in case of
Nuclearization; Conflict over Foreign Policy; Afghanistan policy-Indian policy-Kargil Crisis; Single
currency issue, etc.
f. Musharraf Era (1999 to 2008): Compatibility in Relations but nexus was un-natural: Lal Mosque;
Bugti Murder Issue and Benazir assassination.
g. Contemporary era: 2008-2018:
a. Role of military in politics: Apparent role of military:
 Military operations: Highly professional.
 Assisting civilian govt.
 Rehabilitation of IDPs.
 Role of military in disaster management.
b. Latent role of Military
 Defence & foreign office: Nawaz govt. didn’t install foreign minister
 No defence minister appointed by govt. Pakistan People’s Party era – 2008-2013 –
Pakistan People’s Party reconsolidated. PMLN era – 2013-2018 – Didn’t. (Cierl
Almida issue) – Dawn leaks
 Role of military in domestic politics: 21st & 23rd amendments-Operation Zarb-e-
Azb and Karachi Operation
 Indirect military role since 2008
h. 2018 till date: Smooth civil military relations. Initially were believed to be on same page but
later it was alleged by the scholarship that the installation and removal of PTI government was a
military plan.
i. Future prospects: Both the major political parties succeeded to avoid military intervention since
last 10 years. Charter of Democracy was signed between PMLN and ppp. Changing Regional
Apparatus-Traditional-Geopolitical-Global-SCO membership.

FOREIGN POLICY: A course of action followed by a state in the persuasion of its national interests. It is
the face of a state shown to other states. Joshua S. Goldstein; “Foreign policies are the strategies used
by the govt. to guide their actions in the international arena.”

Objectives of foreign policy: Political independence; Territorial integrity; well-being; Security;

Sovereignty; Prestige and status of the nation and National interest.

Types of objectives of foreign policy

a. Short Range: Territorial integrity, etc.

b. Middle Range: Life standard, prestige, trade, etc.
c. Long Range: Spread of capitalism, communism, etc.

Methods of Foreign Policy

Diplomacy: The facts, shrewdness, skills, and intelligence are used, negotiation is carried out to achieve
objectives with minimum cost in the political system. Forms of diplomacy. The track I, Track II, backdoor,
cricket, religious, ping pong, etc.

Publicity and propaganda: To build public relations. To manage human behaviors abroad. Balance of
power- India-Pakistan. International laws and organizations • UNO, ICJ, ICC, etc.

Collective security: NATO, Warsaw pact.

Economic and non-political methods: IMF and WTO politics

Religious, cultural, and ethnic affinity.

Determinants of foreign policy (Static or changing) – three categories:

a. General determinants: Sovereignty and integrity; Policy of prestige; Interdependence of states-

May lead to cooperation or conflict; and Promotion of National Interest
b. Primary objective: Internal-Specific determinants
 Geography: A permanent influence upon geography.
 History: Historical mistrust between Pakistan and India.
 Population: Quality and quantity. Eg: Canada's Liberal Immigrant Policy is because of the small
population.
 Natural Resources: Oil Diplomacy in Middle-East.
 Economic Factors o IPI – Gas pipeline-TAPI – Dec 2015 o CPEC – 2015. China – rising economy
 Industrial development: Japan industrially developed is dependent upon others for raw
material.
 National and Military capacity
 Ideology: USA – Capitalism while USSR – Communism, and Pakistan – Islamic Ideology
 Public Opinion: US Congress
 Political Organization: Democracies, not prone to wars.-Hitler, Saddam, etc.
 Decision-Makers, Leaders and Diplomacy
 Media and think-tank
 Good governance and domestic stability
c. External factors:
 International Organization as IMF, UNO, MNCs, NGOs, etc
 World public opinion: The reaction of other states
 Alliances: Pak-China, World War I, World War II, Cold war
 Global political order: Multi-polar, Bi-polar and Uni-polar

The foreign policy decision-making process

a. Assessment
b. Goal setting: Multiple goals
c. Determination of foreign policy
d. Formal decision-making
e. Implementation

Models applicable in foreign policymaking

a. Rational-actor model: Based on rational choice theory – the state is the only actor.
 b. Bureaucratic politics model: The state is not the sole actor but bureaucracy also adds in
c. Organizational process model: Along with state, organizations also add in.
d. Self-aggrandizement model: Only one leader makes decisions.

Pakistan’s Foreign Policy

a. Security state since 1947

b. Joined SEATO 1954 and CENTO 1955.
c. NAM 1970
d. Indo-centric Foreign Policy

How to be independent in Foreign Policymaking? Good governance; Economic self-sufficiency; Effective

foreign office (strong institutions); balanced civil-military relations; Strong relations with the Muslim
world. And Relations with neighbors.

MODERN CONCERN OF A STATE: Policy of prestige- It is the responsibility of every state to protect the
interests of each and every citizen internally and externally.