Two Nations, two constitutions: Unraveling the threads of constitutionalism in Pakistan and India

Abstract

Constitutionalism is an affirmation of the constitution, of law, and of human rights. To achieve this objective, the paper analyzes constitutionalism in two countries that have common historical linkages but a different constitutional experience; these are Pakistan and India. India and Pakistan are anniversary partners as both adopted their constitutions in 1950 and espoused secularism and federalism and, in theory at least, democracy; yet the two have followed vastly different trajectories. This paper uses an analytical method to evaluates the governance structures, judiciary as guardians of constitutionalism and an effective implementation of human rights. India: Nation and its judiciary of late has been upholding constitutional morality in a better way still through few important judicial pronouncements and PIL. In contrast, Pakistan’s judiciary has been accused of backing despotic governments while at the same time, seeking judicial autonomy in the last few years. Further, it deciphers universal concerns in the contemporary society for example the role of technology and acculturation of culture practices with the law. Consequently, the study highlights the virtues and vices of constitutional practices in both nations; the strategies of improving democratic institutions, judicial responsibility, and cooperative regionalism for South Asian constitutionalism could also be pinned down.