Q. No. 2. Discuss the salient features of the judicial system in France. How does it differ from that of the Britain and Pakistan?
Outline:
- Introduction
- Salient Features of the French Judicial System
- Comparison with British Judicial System
- Comparison with Pakistan’s Judicial System
- Conclusion
- Introduction
The French judicial system is a civil law system, rooted in the Napoleonic Code (Code Civil). It is inquisitorial in nature, unlike the common law adversarial system practiced in Britain and Pakistan. It is characterized by a dual court structure, distinct constitutional mechanisms, and limited judicial activism.
- Salient Features of the French Judicial System
- Dual Structure of Courts
- Ordinary Courts (civil and criminal matters)
- Administrative Courts (disputes with the state/government)
- Constitutional Council (Conseil Constitutionnel)
- Reviews constitutionality of laws (only before promulgation or upon referral)
- Does not function as a full-fledged constitutional court like in other countries.
- Inquisitorial System
- Judges play an active role in investigating and questioning.
- Less reliance on lawyers compared to adversarial systems.
- Career Judiciary
- Judges and prosecutors are trained together in the National School for the Judiciary (École Nationale de la Magistrature).
- Judges are part of a professional civil service, unlike elected or politically appointed judges elsewhere.
- No Binding Precedent
- Courts are not bound by previous judgments (unlike common law).
- More code-based decisions than judge-made laws.
- Conseil d’État
- Highest court for administrative matters and government litigation.
- Provides legal advice to the executive.
- Independence and Oversight
- Judiciary is independent, but oversight is exercised through the High Council of the Judiciary (Conseil Supérieur de la Magistrature).
- Comparison with British Judicial System
Aspect | France | Britain |
Legal System | Civil Law | Common Law |
Judicial Role | Inquisitorial | Adversarial |
Precedent | Not binding | Precedent (Stare decisis) is binding |
Court Structure | Dual (Ordinary + Administrative) | Unified system |
Judicial Training | Career civil service | Appointed from practicing lawyers |
Constitutional Review | Limited to specific referrals | Parliamentary supremacy (no judicial review of statutes) |
- Comparison with Pakistan’s Judicial System
Aspect | France | Pakistan |
Legal Tradition | Civil Law | Common Law |
Judicial Review | Limited & preventive | Extensive, post-enactment judicial review |
Judicial Appointments | Career-based through exams | Judicial Commission + Presidential approval |
Religious Law | Secular judiciary | Sharia influences in personal/family law |
Dualism | Ordinary + Administrative courts | Unified court system |
Role of Judges | Investigative | Neutral referee in adversarial trials |
- Conclusion
The French judicial system, shaped by Napoleonic legal tradition, prioritizes administrative efficiency, judicial specialization, and preventive constitutionalism. In contrast, Britain and Pakistan uphold the common law tradition, judicial precedent, and a more adversarial model. Understanding these structural and functional distinctions helps evaluate each system’s impact on justice delivery, independence, and governance.
Q. No. 3. The Senate of the USA is the most powerful Upper House in the world. Can you justify this statement? Explain your answer with reference to the Upper Houses of India and Pakistan.
Outline:
- Introduction
- Powers and Role of the US Senate
- Comparison with Rajya Sabha (India)
- Comparison with Senate of Pakistan
- Critical Analysis
- Conclusion
1. Introduction
Upper Houses in bicameral legislatures often serve to balance regional representation and act as checks on popular assemblies. The United States Senate, established under the US Constitution (1789), stands out as the most powerful and influential upper house globally due to its unique blend of legislative, executive, and judicial powers, unlike the comparatively weaker roles of upper houses in India and Pakistan.
2. Powers and Role of the US Senate
A. Equal Representation of States
- Each of the 50 states has two senators, regardless of population, ensuring federal equality.
B. Legislative Powers
- Equal authority with the House of Representatives in lawmaking.
- Can initiate bills (except money bills) and amend any legislation.
C. Executive Functions
- Approves presidential appointments (cabinet members, judges, ambassadors).
- Ratifies international treaties (requires a 2/3rd majority).
D. Judicial Role
- Plays a key role in impeachment trials: after the House impeaches, the Senate conducts the trial.
- Can remove presidents, judges, and public officials (e.g., Trump impeachments in 2020 and 2021).
E. Independence and Prestige
- Senators have longer terms (6 years) and greater individual influence, especially in foreign policy and national security.
3. Comparison with Rajya Sabha (India)
Feature | US Senate | Rajya Sabha (India) |
Representation | Equal for all states (2 each) | Proportional to state population |
Lawmaking Power | Full and equal with Lower House | Can delay money bills; limited powers over budget |
Executive Role | Confirms appointments, treaties | No such power |
Impeachment | Conducts trial | Participates in impeachment |
Influence | Very high | Secondary to Lok Sabha |
Term | 6 years (1/3rd every 2 years) | 6 years (1/3rd elected every 2 years) |
Conclusion: Rajya Sabha plays a limited role, especially in financial and foreign policy matters, compared to the influential US Senate.
4. Comparison with Senate of Pakistan
Feature | US Senate | Senate of Pakistan |
Representation | Equal per state | Equal per province |
Lawmaking Power | Full legislative authority | Cannot initiate or amend money bills |
Executive Oversight | Approves appointments & treaties | Limited or no role in appointments or treaties |
Impeachment | Can convict | Participates in impeachment |
Federal Role | Powerful federal counterbalance | Symbolic federalism; real power lies in National Assembly |
Public Mandate | Direct elections | Indirect elections by provincial assemblies |
Conclusion: While Pakistan’s Senate ensures provincial representation, it lacks the substantive policy control and executive oversight that gives the US Senate its global dominance.
5. Critical Analysis
- Historical Legacy: The US Senate was crafted as a power-sharing chamber in a truly federal structure.
- Global Policy Role: Senators wield influence over foreign policy, war powers, and Supreme Court nominations, all critical to the global system.
- Contrast: Indian and Pakistani Senates operate in parliamentary democracies where executive power flows from the Lower House, limiting the upper house’s impact.
6. Conclusion
The US Senate justifies its reputation as the most powerful Upper House in the world due to its unique authority in legislation, foreign affairs, appointments, and impeachment trials. In contrast, the Rajya Sabha and Pakistan’s Senate play more deliberative and advisory roles within parliamentary systems, lacking real control over executive matters. Thus, the institutional design and scope of authority make the US Senate a global benchmark in bicameral legislatures.
Q. No. 4. Discuss the features of Turkish model of democracy keeping the distinguished position of the armed forces in the Turkish politics.
Outline
- Introduction
- Historical Evolution of Turkish Democracy
- Key Features of the Turkish Model of Democracy
- Role of the Armed Forces in Turkish Politics
- Civil-Military Relations: Continuity and Change
- Critical Analysis
- Conclusion
1. Introduction
The Turkish model of democracy is a unique fusion of secularism, nationalism, and political Islam, shaped by military tutelage and civilian contestation. Despite multiparty democracy since 1950, the Turkish armed forces have remained a dominant political player, acting as guardians of Kemalist secularism. The 21st century has witnessed a shift, especially after the rise of the Justice and Development Party (AKP), but the legacy of military influence persists.
2. Historical Evolution of Turkish Democracy
- 1923: Republic of Turkey founded by Mustafa Kemal Atatürk on secular, nationalist principles.
- 1950: Transition to multiparty democracy.
- 1960, 1971, 1980, 1997: Military interventions either via direct coups or indirect pressure (“post-modern coup”).
- 2002 onwards: Civilian dominance under Erdogan’s AKP, culminating in the 2017 constitutional referendum, shifting from parliamentary to presidential system.
3. Key Features of the Turkish Model of Democracy
Feature | Description |
Secularism | Enforced top-down; military as defender of Atatürk’s secular ideology. |
Multiparty Elections | Regular electoral processes since 1950. |
Presidential System | Post-2017 reforms centralized power in the hands of the President. |
Islamic-Conservative Influence | AKP has blended Islamic values with democratic structures. |
Civil Liberties vs Authoritarian Drift | Increasing control over media, judiciary, and dissent. |
Strong Executive Presidency | Post-2017 Erdogan-led presidency combines head of state and government. |
4. Role of Armed Forces in Turkish Politics
A. Guardian of Kemalism
- Military has long seen itself as the protector of secularism, nationalism, and the Republic.
B. Coups and Interventions
- 1960 Coup: Overthrew Democrat Party government.
- 1971 Memorandum: Indirect intervention to restore order.
- 1980 Coup: Imposed martial law and suspended constitution.
- 1997 Post-modern Coup: Pressured Islamist government of Erbakan to resign.
C. Military Institutions and Autonomy
- National Security Council (NSC) previously dominated by military generals.
- Judicial and bureaucratic support for military preferences in policy.
D. Decline in Influence
- Post-2000s reforms, particularly under AKP, reduced military’s autonomy.
- Ergenekon and Sledgehammer trials were used to marginalize military elites.
5. Civil-Military Relations: Continuity and Change
Era | Military Role |
Pre-2002 | Powerful, interventionist, often anti-Islamist |
2002–2016 | Declining role, institutional reforms, judiciary and parliament gained power |
Post-2016 Coup Attempt | Military purges, tighter civilian control, further consolidation under President Erdogan |
6. Critical Analysis
- The Turkish model illustrates how democratic institutions can coexist with deep-rooted military tutelage.
- Recent years show a paradox: military dominance replaced not with liberal democracy, but with executive centralization.
- Turkish democracy today faces challenges of media censorship, judicial independence, and electoral fairness, despite a façade of electoral legitimacy.
7. Conclusion
Turkey’s democracy is shaped by its struggle between military guardianship and civilian supremacy. While the role of armed forces has significantly declined, especially after the failed 2016 coup, executive overreach and erosion of checks and balances have replaced military authoritarianism with civilian authoritarianism. The Turkish model remains a hybrid, offering both a lesson and a warning for democratizing states seeking to balance military legacy with democratic governance.
Q. No. 5. Explain the rise of Muslim nationalism in South Asia. What were its implications for the nationalist politics of Indian National Congress?
Outline:
- Introduction
- Defining Muslim Nationalism
- Historical Background of Muslim Nationalism in South Asia
- Key Factors Leading to the Rise of Muslim Nationalism
- Major Milestones and Movements
- Implications for Indian National Congress
- Critical Analysis
- Conclusion
1. Introduction
The rise of Muslim nationalism in South Asia marked a pivotal transformation in the subcontinent’s political landscape. It redefined the concept of nationalism from a singular Indian identity to a pluralistic notion of multiple nations, culminating in the creation of Pakistan in 1947. The growing assertion of Muslim identity and political consciousness increasingly challenged the unified nationalist agenda of the Indian National Congress.
2. Defining Muslim Nationalism
Muslim nationalism in South Asia refers to the ideological, political, and cultural consciousness among Indian Muslims who considered themselves a distinct nation, separate from the Hindu majority, demanding autonomy and recognition of their religious, cultural, and political rights.
3. Historical Background of Muslim Nationalism
Event/Phase | Significance |
1857 Revolt & its Aftermath | British suppression of Muslims led to political marginalization |
Sir Syed Ahmad Khan’s Reform Movement | Emphasized Muslim identity and separate educational-political development |
Partition of Bengal (1905) | Supported by Muslims, opposed by Congress, widened political gap |
All India Muslim League (1906) | Founded to protect and promote Muslim interests |
4. Key Factors Leading to the Rise of Muslim Nationalism
A. Cultural and Religious Identity
- Muslims had a distinct civilization, legal system (Sharia), and traditions.
- Persian-Arabic roots differed from Sanskritic-Hindu culture.
B. Educational and Economic Backwardness
- Muslims lagged behind Hindus in modern education and administrative representation.
- Aligarh Movement sought to uplift the community and assert identity.
C. Political Marginalization
- Indian National Congress, dominated by Hindu leadership, was perceived as indifferent to Muslim concerns.
- Lack of Muslim representation in INC policies and structure.
D. Two-Nation Theory
- Articulated by Allama Iqbal (1930) and Muhammad Ali Jinnah, emphasized separate nationhood based on religion and culture.
“Islam and Hinduism… are not religions in the strict sense of the word, but are in fact different and distinct social orders.” – Quaid-e-Azam
E. Communal Riots & Political Conflicts
- Increasing Hindu-Muslim tensions and communal violence deepened the divide.
5. Major Milestones and Movements
Year | Event |
1906 | Formation of All India Muslim League |
1930 | Allahabad Address by Allama Iqbal – Two-Nation Theory |
1937 | Congress Rule in Provinces – Alienation of Muslims |
1940 | Lahore Resolution – Demand for a separate homeland |
1946 | Direct Action Day & Cabinet Mission Plan failure |
1947 | Partition of India – Birth of Pakistan |
6. Implications for Indian National Congress
A. Delegitimization of Congress’s Claim to Represent All Indians
- Muslim League emerged as the sole representative of Muslim aspirations, challenging Congress’s pan-Indian narrative.
B. Communalization of Politics
- Muslim nationalism eroded the secular unity vision of Congress.
- Rise in communal tension, especially after 1937 elections.
C. Political Polarization
- Division in negotiation platforms: Congress vs. League vs. British.
- Breakdown of Congress-Muslim League dialogues, such as the failure of the Cripps Mission and Cabinet Mission.
D. Partition and National Disintegration
- Ultimately, Muslim nationalism led to the partition of India, a severe blow to Congress’s goal of united India.
- Congress had to restructure post-1947 identity as secular and democratic India.
7. Critical Analysis
- Muslim nationalism was a reactionary ideology, born out of marginalization, cultural consciousness, and British divide-and-rule policies.
- While Congress aimed at territorial nationalism, Muslim League asserted cultural-religious nationalism.
- Congress failed to accommodate minority concerns sufficiently, paving way for separatism.
- Some historians argue that constructive engagement could have avoided partition, but the ideological divergence was too wide.
8. Conclusion
The rise of Muslim nationalism in South Asia emerged from deep-rooted historical, socio-political, and religious distinctions. It reshaped the trajectory of Indian politics by challenging the singular nationalist discourse of the Indian National Congress. Its culmination in the creation of Pakistan remains one of the most significant political consequences in modern South Asian history. The episode serves as a critical lesson on the importance of inclusive governance and minority accommodation in pluralistic societies.
Q. No. 6. What are the issues and problems of federation in Pakistan? Discuss with reference to the US federation.
Outline:
- Introduction
- Understanding the Concept of Federation
- Federation in Pakistan: Constitutional Framework
- Major Issues and Problems of Federation in Pakistan
- Federation in the United States: A Model Comparison
- Comparative Table: Pakistan vs. US Federalism
- Critical Analysis
- Conclusion
1. Introduction
A federation is a political structure where power is divided between a central authority and constituent units (provinces or states). In theory, Pakistan is a federation under the 1973 Constitution, but in practice, it suffers from several challenges such as unequal resource distribution, weak provincial autonomy, and ethno-political tensions. By contrast, the United States offers a more stable and institutionalized model of federalism.
2. Understanding the Concept of Federation
A federation ensures:
- Distribution of powers between federal and provincial governments.
- Autonomy of units within a unified national framework.
- Institutional mechanisms for conflict resolution.
3. Federation in Pakistan: Constitutional Framework
- 1973 Constitution (Articles 1–8, 141–159) recognizes Pakistan as a federation.
- 18th Amendment (2010) was a landmark step in devolving powers to provinces.
- The Council of Common Interests (CCI) and National Finance Commission (NFC) are meant to balance intergovernmental relations.
4. Major Issues and Problems of Federation in Pakistan
A. Unequal Resource Distribution
- Disputes over the NFC Award and revenue sharing from natural resources.
- Provinces like Balochistan feel deprived despite being resource-rich.
B. Centralization of Power
- Federal government still exerts dominance in policymaking, especially over education, energy, and internal security.
C. Ethno-Regional Grievances
- Punjab’s perceived dominance over smaller provinces leads to alienation.
- Rise of ethno-nationalist movements in Sindh, Balochistan, and KP.
D. Delays in Implementation of 18th Amendment
- Key federal ministries were not devolved in letter and spirit.
- CCI meetings irregular, weakening institutional coordination.
E. Political Instability and Military Influence
- Repeated military interventions undermined federalism by centralizing power.
F. Weak Local Governments
- Absence of empowered third tier deprives provinces of efficient governance.
5. Federation in the United States: A Model Comparison
The US Constitution (1787) established a strong federal system with:
- Clear division of powers between federal and state governments.
- A strong tradition of state rights and autonomy.
- Independent judiciary to resolve center-state conflicts.
- States control key areas like education, policing, and infrastructure.
6. Comparative Table: Pakistan vs. US Federation
Aspect | Pakistan | United States |
Constitutional Clarity | Ambiguous in some areas post-18th amendment | Very clear with enumerated powers |
Provincial Autonomy | Limited, often overridden by center | Strong autonomy of states |
Resource Distribution | Contentious NFC awards | Defined by federal-state taxation systems |
Conflict Resolution | CCI (weak implementation) | Supreme Court plays strong mediator |
Local Governments | Not constitutionally protected | Constitutionally and politically robust |
Military Role in Governance | High (historically) | Minimal (civilian supremacy) |
7. Critical Analysis
- Pakistan’s federation suffers from institutional weakness, centralized legacy, and elite capture.
- The US model offers useful lessons:
- Respect for state autonomy
- Judicial independence
- Regular federal-state dialogues
- However, Pakistan’s colonial legacy, ethnic diversity, and security challenges require context-specific solutions.
8. Conclusion
Pakistan’s federal challenges stem from mistrust between provinces and center, inequitable resource allocation, and weak institutional mechanisms. Learning from the US federal model, Pakistan must strengthen constitutional mechanisms like the CCI and NFC, ensure timely local elections, and implement the 18th Amendment in letter and spirit to create a more inclusive and balanced federal structure. Only then can it evolve into a functioning federation that upholds unity in diversity.
Q. No. 7. What are the political and administrative implications of the Eighteenth amendment to the 1973 Constitution of Pakistan?
Outline:
- Introduction
- Background of the 18th Amendment
- Key Provisions of the 18th Amendment
- Political Implications
- Administrative Implications
- Critical Analysis: Achievements vs Challenges
- Comparison with Federal Systems (e.g., India & US)
- Conclusion
1. Introduction
The Eighteenth Amendment, passed in April 2010, is one of the most significant constitutional reforms in Pakistan’s history. It aimed at strengthening parliamentary democracy, restoring the original spirit of the 1973 Constitution, and ensuring provincial autonomy by reversing the centralization introduced during military regimes. Its political and administrative implications have deeply impacted the structure of governance, resource distribution, and institutional balance in the federation.
2. Background of the 18th Amendment
- Came after years of military rule under General Pervez Musharraf.
- Addressed distortions caused by 8th Amendment (Zia) and 17th Amendment (Musharraf).
- Based on recommendations of the Parliamentary Committee on Constitutional Reforms (PCCR).
- Composed of 102 clauses, amending around 97 articles of the Constitution.
3. Key Provisions of the 18th Amendment
- Abolition of Article 58(2)(b): Revoked President’s power to dissolve National Assembly unilaterally.
- Strengthening of Parliamentary Sovereignty.
- Reversal of Presidential System to true parliamentary democracy.
- Provincial Autonomy: Devolution of 17 ministries from the Concurrent Legislative List.
- Formation of Council of Common Interests (CCI) as a permanent body.
- Recognition of Education, Health, and Local Government as provincial subjects.
4. Political Implications
A. Strengthening Parliamentary Democracy
- Power shifted back from the Presidency to the Parliament and Prime Minister.
- Restoration of the original federal parliamentary framework.
B. Enhanced Provincial Autonomy
- Provinces gained control over policy formulation in education, health, culture, etc.
- Reduced federal interference, especially in smaller provinces like Balochistan.
C. Institutional Balance
- Empowered Election Commission, Judiciary, and Public Service Commissions with clearer roles.
D. National Integration
- Provinces felt more included and represented, thus reducing secessionist narratives.
5. Administrative Implications
A. Devolution of Ministries
- 17 ministries (e.g., education, health, environment) devolved to provinces.
- Each province had to develop its own regulatory and administrative mechanisms.
B. Greater Budgetary Responsibility
- Increased financial responsibility under the NFC Award (2009).
- Provinces now retain 57.5% of divisible pool.
C. Capacity Challenges
- Provinces lacked institutional and bureaucratic capacity to handle new functions efficiently.
- Issues in human resource management, infrastructure, and inter-provincial coordination.
D. Strengthening of Local Governance (Article 140-A)
- Mandated the provinces to create empowered local governments—though implementation has been inconsistent.
6. Critical Analysis: Achievements vs. Challenges
Achievements | Challenges |
Strengthened provincial autonomy | Capacity gaps in provinces |
Restored parliamentary supremacy | Resistance to devolution by federal departments |
Removed authoritarian legacies | Inconsistent implementation of Article 140-A |
National integration improved | Inter-provincial coordination still weak |
Empowered democratic institutions | CCI and other mechanisms underutilized |
7. Comparison with Other Federal Systems
Aspect | Pakistan (Post-18th Amendment) | India | USA |
Provincial Autonomy | Enhanced significantly | Strong center; limited autonomy | Strong state rights |
Resource Sharing | Based on NFC Award | Central Finance Commission | Independent taxation powers |
Local Government | Mandated by Constitution (Article 140-A) | 73rd & 74th Amendments | Protected by state constitutions |
8. Conclusion
The 18th Amendment represents a democratic milestone in Pakistan’s constitutional history. It redefined federalism, restored the balance of power, and aimed to make the state more inclusive and representative. However, the success of this amendment lies in its full and sincere implementation, particularly by ensuring functional local governments, empowering provincial institutions, and improving intergovernmental coordination. Only then can it fulfill the promise of a just, participatory, and decentralized federation.
Q. No. 8. Write detailed notes on the following: (10 each) (a) European Union (b) South Asian Association for Regional Cooperation
(a) European Union
(b) South Asian Association for Regional Cooperation (SAARC)
(a) European Union (EU)
Introduction
The European Union (EU) is a political and economic union of 27 European countries that aims to promote integration, peace, and prosperity through shared governance, open markets, and common institutions.
Key Facts
- Founded: 1993 (with Maastricht Treaty)
- Headquarters: Brussels, Belgium
- Motto: “United in Diversity”
- Currency: Euro (used by 20 member states)
- Institutions: European Commission, European Parliament, European Council, European Court of Justice
Objectives
- Promote peace and stability in Europe
- Ensure economic cohesion and development
- Establish a single internal market
- Facilitate free movement of goods, services, capital, and people (Four Freedoms)
- Promote social and environmental standards
Achievements
- Schengen Agreement: Borderless travel among 26 countries.
- Eurozone: Common currency simplifies trade and travel.
- EU Single Market: Largest economy in the world by GDP.
- Erasmus Programme: Academic and cultural exchange across Europe.
Challenges
- Brexit: UK’s departure in 2020 marked the first disintegration.
- Immigration crisis and populist nationalism.
- Economic disparity between Eastern and Western Europe.
- Common Foreign Policy limitations in global conflicts (e.g., Ukraine crisis).
Conclusion
The EU remains a unique model of supranational integration, evolving beyond traditional intergovernmental cooperation, despite facing internal strains and external geopolitical pressures.
(b) South Asian Association for Regional Cooperation (SAARC)
Introduction
SAARC is an intergovernmental organization of eight South Asian nations established to promote economic and regional cooperation among its member states.
Key Facts
- Founded: December 8, 1985 (Dhaka, Bangladesh)
- Members: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, Sri Lanka
- Headquarters: Kathmandu, Nepal
- Charter Principle: Sovereign equality, mutual respect, and non-interference
Objectives
- Promote welfare and quality of life of South Asian people
- Strengthen collective self-reliance and cooperation
- Accelerate economic growth and cultural development
- Coordinate regional responses to issues like poverty, environment, and health
Achievements
- Establishment of SAFTA (South Asian Free Trade Agreement)
- Formation of SAARC Development Fund (SDF)
- Cooperation in meteorology, health, education, agriculture, and disaster management
- SAARC University and regional cultural exchange programs
Challenges
- India-Pakistan tensions hinder multilateral progress
- Lack of implementation mechanism and binding authority
- Meetings often postponed or cancelled (e.g., 2016 Islamabad Summit)
- SAARC has limited trade volume (~5% intra-regional trade)
Comparison with EU
Feature | SAARC | EU |
Legal Framework | Intergovernmental | Supranational |
Decision-making | Consensus-based | Majority voting in many cases |
Economic Integration | Low (SAFTA not fully realized) | High (Single Market & Eurozone) |
Political Will | Weak due to bilateral conflicts | Stronger shared vision |
Conclusion
SAARC has great potential due to common culture and geography, but is undermined by political mistrust, especially between India and Pakistan. It must reinvent itself with confidence-building measures and renewed economic cooperation to become relevant like the EU.
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