Comparison of India and Pakistan Constitution and Its Impact on Both States

Abstract

This research article embarks on a comparative analysis of the constitutions of India and Pakistan, South Asia’s two prominent nation-states that originated from the same colonial fabric but charted distinct constitutional paths. The Indian Constitution, celebrated for its secular and democratic ethos, prescribes a pluralistic framework endeavouring to balance regional diversity with a strong central government. Conversely, Pakistan’s Constitution, conceived later and marked by various iterations, entrenches Islamic principles as the cornerstone of its national governance and societal structure. This study probes the implications of these foundational differences on the political systems, the distribution of powers between central and regional governments, decision-making processes, judicial review, constitutional amendments, and societal dynamics of both countries. Utilising a qualitative approach, our analysis hinges on the examination of legislative evolutions, judicial precedents, and political discourse to ascertain the transformative impact such constitutional frameworks exert on the path of statehood and development of India and Pakistan. This paper posits that understanding the constitutional nuances is vital to interpreting the diverse political landscapes, societal complexities, and the nations’ abilities to grapple with contemporary challenges. Through this comparison, we aim to provide a nuanced understanding of not just the legal texts, but also the living realities shaped by these documents, thus contributing valuable insights into the comparative constitutional studies within the South Asian context.

Key words: India, Pakistan, Constitution, legislation, secularism and Sharia