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1. Rule of Law in Pakistan

Author:
Amr Ibn Munir
Publication Date:
05-2024
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
The rule of law is one of the most important, if not the most important, constitutional principles. It has been a philosophical concept since the time of the Greek philosophers or even before. For the English jurists, the rule of law encompasses two central principles, which are the supremacy of law and equality before law. However, the British showed no concern for upholding it during the era of colonization. In Pakistan, the principles of supremacy of law and equality before law were incorporated into the Constitution. The Pakistani Superior Courts have widened the scope of these two principles in their decisions. However, in reality, such principles as enunciated by the Judiciary are not actually implemented in true letter and spirit.
Topic:
Human Rights, Constitution, Rule of Law, and Equality
Political Geography:
Pakistan and South Asia

2. Upcoming Elections and Political Turmoil in Pakistan

Author:
Ahmed Bilal Mehboob
Publication Date:
03-2023
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
As the Election Commission of Pakistan (ECP) delayed a key provincial election due to financial and security-related issues, a potential constitutional crisis looms over the country. In light of the deepening political turmoil in Pakistan, Ahmed Bilal Mehboob explores how this crisis has developed and offers a grim outlook of holding a free and fair election this year. Mehboob argues that the former Prime Minister Imran Khan’s audacious move to seek fresh elections to both the National and Provincial Assemblies have exacerbated party polarization, and Supreme Court decisions for the court cases are unlikely to be fully enforced due to such divide. Mehboob warns that prolonged political crisis may induce military intervention to restore order so that the elections could be pushed ahead.
Topic:
Elections, Democracy, Constitution, Domestic Politics, Supreme Court, and Imran Khan
Political Geography:
Pakistan and South Asia

3. Gross National Happiness Policy Outputs in Bhutan from 1972 to 2014*

Author:
Michael Givel
Publication Date:
10-2023
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
In 1972, Bhutan’s Fourth King declared Gross National Happiness (GNH) more important than Gross Domestic Product. But what was the nature of GNH legislation policy outputs before and after the adoption of the written 2008 Bhutanese Constitution that required that Bhutan to promote GNH as a national policy goal? This study examines from 1972 to 2014 (six years after the adoption of the Bhutan Constitution) GNH policy outputs. There were two stages related to Bhutan’s four pillars that include sustainable and equitable economic development, good governance, cultural preservation, and environmental protection. In the first stage lasting to the 1990s, Bhutanese policy outputs emphasized preserving traditional culture. In the second phase from the 1990s to 2014, Bhutanese policy outputs emphasized Buddhist modernism in which all four pillars balanced traditional Buddhist values with modern issues like health care and illiteracy.
Topic:
Culture, Constitution, History, Legislation, Public Policy, and Gross National Happiness (GNH)
Political Geography:
South Asia and Bhutan

4. Cooperative Federalism in India: Parallel Streams: Political Federalism and Economic Integration in India

Author:
Niranjan Rajadhyaksha and Prakhar Misra
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Economic integration is an important component of the design of political federations, a fact that was evident to the framers of the Indian constitution, but has been given inadequate attention in much of the subsequent literature on Indian federalism. In this paper, we examine the slow progress of economic integration in India, revisit the policy debates on the need for fewer barriers on interstate trade, and end with a set of unfulfilled recommendations to further strengthen cooperative federalism in India.
Topic:
Constitution, Economic Integration, and Cooperative Federalism
Political Geography:
South Asia and India

5. 18TH Constitutional Amendment: Implications for the Federation of Pakistan

Author:
Nadeem Abbas
Publication Date:
12-2023
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Eighteenth Amendment to Pakistan’s Constitution has made the Prime Minister of Pakistan, and hence the parliament, stronger instead of the President by abolishing Article 58(2) (b) just as the ‘Glorious Revolution’ of 1688-1689 in England made the parliament stronger by abolishing ‘Divine Rights’ of the kings and paving the way towards the constitutional monarchy by passing the ‘Bill of Rights’ in 1689. Just as the ‘Bill of Rights’ constituted a new era of democracy in England, the 18th constitutional amendment has promised the same. Furthermore, this constitutional software has removed the Concurrent List from the Constitution of 1973, thereby assigning more administrative, legislative and fiscal responsibilities to the federating units. The paper finds that by the passage of the 18th amendment, concrete constitutional measures were taken to transform a ‘centralized federation’ into a ‘participatory federation’ and now it is the constitutionally-driven responsibility of the provinces to chalk out development projects, addressing the people’s demands through enhanced fiscal discipline and well-coordinated public policies at their levels. In addition, consensus over the 7th NFC award was an historically important event in the politicoconstitutional annals of the federation of Pakistan.
Topic:
Constitution, Federalism, Parliamentary Democracy, and Amendment
Political Geography:
Pakistan and South Asia

6. Civil Society & Political Transformations (Harvard Journal of Middle Eastern Politics and Policy, Fall 2021)

Author:
Ghazi Ghazi
Publication Date:
04-2022
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Eleven years after the 2011 Arab Spring, feelings of transformation and change still reverberate throughout the region. The Spring 2022 edition, Civil Society and Political Transformations, seeks to illuminate how civil society organizations operate in the region and their effects on political transformations.
Topic:
Civil Society, Education, Human Rights, Migration, Politics, Race, History, Reform, Women, Constitution, Arab Spring, Syrian War, Recep Tayyip Erdoğan, Baath Party, and Peacebuilding
Political Geography:
Afghanistan, Iraq, South Asia, Turkey, Middle East, Israel, Libya, Yemen, Palestine, North Africa, Syria, Jordan, Morocco, and United Arab Emirates

7. National Unity and Cohesion in Pakistan: A Critical Assessment of the Constitution 1973

Author:
Naseem Anthony, Ghulam Mustafa, and Sonia Patras
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Pakistan is a galaxy of religions and a land having rich cultural diversity. Such attributes have fascinated the research scholars, political scientists, and sociologists for studying the elements that, despite of indifferences, have connected the people. Pakistan was a political demanded of a visible Muslim minority of Sub-Continent to have a piece of land where the deprived and oppressed community (Muslim) can enjoy the liberty and freedom of their culture, tradition, and religious rituals. However, when the Pakistan Movement was on its full spring, other small minorities have also joined hands. Furthermore, Quaid’s vision for a democratic, tolerant, and inclusive society convinced the other minorities and ethnic groups for opting to live in Pakistan. The constitutional and political history of Pakistan reflects the efforts and energies invested by the decision makers to strengthen the national unity and cohesive bond. The research topic ‘National Unity and Cohesion in Pakistan: A Critical Assessment of Constitution 1973’ is an attempt to identify the constitutional provisions for ensuring national unity and cohesion. The qualitative method has been deployed in which the researcher studied the material already produced on the same topic and conducted interviews. The primary objective of this endeavour was to assess the constitutional commitments and the political will to ensure implementation. Additionally, the factors that have affected the implementation and disturbed the social fabric of Pakistan contributing to increase marginalization of weak segments of society and excluding some specific groups from the mainstream.
Topic:
Minorities, Constitution, Social Cohesion, Inclusion, and Unity
Political Geography:
Pakistan and South Asia

8. Paradoxes of Judicial Independence: Issues and Challenges of Constitutionalism in Pakistan

Author:
Sadia Mahmood Falki and Aisha Shahzad
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Pakistan has oscillated between weak civilian rules and military regimes throughout its history. Military co-option with the judiciary, alongside few exceptions commenced an era of dissolutions in 1988. This led to develop an institutional imbalance which undermined the representative institutions by upholding the presidential orders to dismiss federal and provincial assemblies in Pakistan. The judiciary in Pakistan largely remained a reactionary institution as it endeavored for the self-preservation rather than upholding the constitutionalism and enforcing the rule of law. Judiciary‟s political assertiveness during the decade of 1990s by addressing the political questions led to decline of its impartial character. This research expounds that judiciary‟s informal support for military increased the federal challenges of Pakistan and enhanced the authoritarian features of the state. This paper also explicates that by validating the dismissals of the representative institutions and authorizing the military regimes to amend the constitution, Judiciary compromised its judicial independence, which is one of the salient features of Constitution of 1973. Keeping in view the nature of case study and employing qualitative approach of research, this paper largely addresses the key question that how judicial Independence is relevant to the issues of federalism and democracy in Pakistan.
Topic:
Democratization, Development, Constitution, Judiciary, Federalism, Independence, and Civil-Military Relations
Political Geography:
Pakistan and South Asia

9. Watching the Words: A Situational Analysis of Selfcensorship in Bhutanese Media

Author:
Sonam Wangdi
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Journal of Bhutan Studies
Institution:
Centre for Bhutan & GNH Studies (CBS)
Abstract:
Self-censorship in journalism is a global phenomenon. Against the rapidly changing media landscape, experts have posed selfcensorship as a severe threat to the future of journalism. Bhutan is no exception. There are no empirical studies conducted in the country on self-censorship in Bhutanese media. Therefore, the paper attempts to examine the perceptions and practices of self-censorship and its characteristics in the media society, especially after the country transitioned to a constitutional democratic monarchy. It also tries to understand the situation for policy interventions to empower the media in fostering a healthy democratic society. For the study, the paper views self-censorship as the act of journalists limiting or ignoring a story or parts of a story for various reasons and not limited to external threats or the fear of negative repercussions. Sixty-one journalists, including freelancers, were interviewed online during the study. Based on their accounts, there is a common consensus that selfcensorship is an issue in Bhutan. But it is not a result of an oppressive media environment as journalists generally enjoy professional freedom in covering various topics. Instead, it is exercised more like a coping mechanism to professional demands and consequences such as protecting sources and avoiding prosecutions. Moreover, journalists also self-censor as an ethically guided judgement. At the same time, the results suggest that agencies concerned could reduce the instances of self-censorship in the Bhutanese media fraternity through specific interventions.
Topic:
Democracy, Media, Constitution, Journalism, Monarchy, Censorship, and Freedom
Political Geography:
South Asia and Bhutan

10. The Constitution of India and Indian Democracy: Have the Legislature, Judiciary and Executive Remained True to their Constitutional Mandate?

Author:
Jagdeep Dhankhar
Publication Date:
11-2022
Content Type:
Special Report
Institution:
India International Centre (IIC)
Abstract:
Vice President of India, Shri Jagdeep Dhankhar’s speech at the India International Centre on Constitution Day, 26 November 2022. When I look around, I see many whom I know, and many who know me. It is an absolute privilege to be on this impactful platform of the prestigious India International Centre (IIC). It is indeed my honour to address the august audience here on this momentous occasion of Constitution Day, and while we all are in the Amrit Kaal of our Independence. The IIC, of which I became a member in 1990, since its foundation days has been a significant epicentre of deep thoughts, constructive ideation, as also interactions and conversations on issues of national and international importance. There is national and global recognition and appreciation, and very rightly so, of the IIC as a conducive and engaging platform for thinking minds who are ever keen to reflect on momentous issues and those of great contemporaneous relevance. I am grateful to the IIC for enabling me to unfold my thoughts on this day on this platform. Best wishes and greetings to all of you and all the countrymen on Constitution Day. It was on this day in 1949 that Independent India laid the foundation for a new future for itself. Many in the world thought India would not last long. They wrote about it, reflected on it in the public domain. Yet, we have traversed for so long and we are in the 75th year of our Independence, as a shining star on the global horizon. This time Constitution Day is very special on this count also. The completion of 75 years for the mother of democracy, the largest democracy, is indeed a milestone. We can all be proud of it.
Topic:
Government, Democracy, Constitution, Judiciary, Speech, Executive Power, and Legislature
Political Geography:
South Asia and India