Css 2019

Q. No. 2. Examine the view that Hegelian spirit is nothing but evolution of human consciousness to the realization of political maturity for global human co-existence.

Introduction

The philosophy of Georg Wilhelm Friedrich Hegel revolves around the dialectical progression of history and human consciousness. His idea of the “world spirit” (Weltgeist) represents an evolving realization of freedom, reason, and political maturity. This essay critically analyzes the claim that the Hegelian spirit is the evolutionary force driving humankind toward universal co-existence and a morally mature global order.

“The history of the world is none other than the progress of the consciousness of freedom.” — Hegel

  1. Understanding the Hegelian Spirit

🔹 World Spirit (Weltgeist)

  • Not a mystical force, but the collective ethical spirit of humankind
  • Evolves dialectically through thesis–antithesis–synthesis
  • Realized through historical conflicts, revolution, and reflection

🔹 Stages of Consciousness

Stage

Description

Subjective Spirit

Individual self-awareness and morality

Objective Spirit

Social institutions, law, ethics

Absolute Spirit

Art, religion, and philosophy—the unity of idea and reality

“Only through the state does man achieve reality.” — Hegel

  1. Political Maturity Through Historical Dialectic
  • History is not chaos but rational and teleological
  • Each stage of political development (despotism, monarchy, democracy) represents progress in freedom
  • State is the embodiment of ethical life (Sittlichkeit)

🔹 Examples in World History

Epoch

Dialectical Progress

Greek Polis

Birth of civic consciousness

Roman Law

Institutional justice

Christian Morality

Moral universality

French Revolution

Democratic awakening

Modern Constitutional State

Ethical unity of individual and universal will

  1. Global Co-existence as the End of Spirit’s Journey

Hegel’s spirit matures as societies internalize:

  • Rationality in political order
  • Individual freedom as the core of legitimacy
  • Ethical universality transcending national egoism

Though Hegel was Eurocentric, his dialectic permits integration and synthesis of non-European values into global political maturity.

  1. Critical Evaluation: Support and Challenges

Strengths of the Hegelian View

  • Optimistic teleology: humanity learns from history
  • Ethical state ideal promotes civic responsibility
  • Inspiration for thinkers like Marx, Fukuyama, Habermas

Critiques

Thinker

Critique

Karl Popper

Historicism leads to determinism

Karl Marx

Alienation persists; state is class oppression

Post-colonial critics

Eurocentric, neglects diverse epistemologies

“To realize freedom, one must critique the very institutions that claim to embody it.” — Marx, critique of Hegel

  1. Contemporary Relevance
  • UN Charter and universal human rights reflect Hegelian universalism
  • European Union as synthesis of sovereignty and cooperation
  • Climate diplomacy and global governance mirror ethical co-existence

🌍 Case Study: Post-WWII World Order

  • Reconciliation between Germany and France
  • Rise of international law and institutions (e.g., ICC, WTO)
  • From national rivalry to global solidarity
  1. Islamic and Eastern Parallels
  • Iqbal: Human self evolves toward divine realization; state must reflect spiritual unity
  • Confucianism: Moral hierarchy in harmony with universal order
  • Ashraf Ali Thanvi & Shah Waliullah: Ethical governance as culmination of human development

These suggest a multicultural Hegelianism, integrating diverse traditions into a shared global ethic.

Conclusion

Hegel’s idea of the world spirit offers a powerful lens through which we can understand political evolution as a journey toward maturity, freedom, and global ethical order. Though challenged for its Western bias, the theory remains influential in articulating why humanity must progress beyond self-interest and power politics toward rational and moral co-existence.

What is rational is actual and what is actual is rational.” — Hegel

Hegel’s vision ultimately affirms hope—that despite war, division, and delay, history bends toward justice, maturity, and unity.

Q. No. 3: The Growing Judicial Activism in Pakistan is Clearly at the Expense of Parliamentary Sovereignty and Supremacy. Critically Analyze the Statement.

Outline

  1. Introduction
  2. Understanding Judicial Activism
  3. Doctrine of Parliamentary Sovereignty
  4. Historical Evolution of Judicial Activism in Pakistan
  5. Landmark Cases and Instances of Judicial Activism
  6. Conflict Between Judiciary and Parliament
  7. Arguments Supporting Judicial Activism
  8. Arguments Supporting Parliamentary Supremacy
  9. Constitutional Balance and Institutional Integrity
  10. Comparative Perspective: UK, India, USA
  11. Impacts of Judicial Activism on Democracy
  12. Recommendations for Harmonizing Institutions
  13. Conclusion
  1. Introduction

The principle of separation of powers is the cornerstone of democratic governance. In Pakistan, a rising trend of judicial activism—especially by the Supreme Court—has prompted heated debates about the erosion of parliamentary sovereignty and supremacy. This phenomenon, while often portrayed as a safeguard of constitutionalism and fundamental rights, is argued to sometimes encroach upon the legislative and executive domains. The question arises: Is judicial activism a protector of democracy or a violator of institutional boundaries?

  1. Understanding Judicial Activism

Judicial activism refers to proactive judicial roles wherein judges go beyond the traditional interpretation of laws and engage in law-making or policy directions. It often emerges in:

  • Suo moto actions under Article 184(3)
  • Public interest litigation (PIL)
  • Policy intervention by the judiciary

In Pakistan, this activism has expanded significantly, especially after the Lawyers’ Movement (2007–2009).

  1. Doctrine of Parliamentary Sovereignty

The concept of parliamentary sovereignty means that Parliament is the supreme legal authority capable of creating or ending any law. According to Article 50 of the Constitution, Pakistan’s Parliament includes the President, National Assembly, and Senate. However, this sovereignty is constitutionally bound:

  • It must operate within the limits of the Constitution
  • Cannot legislate in violation of Islamic injunctions (Article 227) or Fundamental Rights (Chapter 1, Part II)
  1. Historical Evolution of Judicial Activism in Pakistan

Period

Judicial Role

1950s–1970s

Judicial restraint; validation of military coups via Doctrine of Necessity

1980s–1990s

Cautious activism; few interventions in governance

2007 Onwards

Assertive activism under Chief Justice Iftikhar Chaudhry

Judicial activism peaked during:

  • Restoration of judiciary (2009)
  • Panama Papers case (2017)
  • Suo moto on governance failures, pricing, appointments, etc.
  1. Landmark Cases and Instances of Judicial Activism

Case

Implication

Panama Case (2017)

Disqualified PM Nawaz Sharif under Articles 62 & 63; judiciary intervened directly in political accountability

Asghar Khan Case (2012)

Judiciary exposed political manipulation by military and intelligence agencies

Suo Moto on Petrol Crisis (2020)

Judiciary ordered detailed inquiries into executive mismanagement

Suo Moto Actions on COVID-19 (2020)

Intervened in government’s pandemic response

  1. Conflict Between Judiciary and Parliament

The judiciary’s interpretative supremacy often clashes with Parliament’s legislative supremacy. Several tensions include:

  • Contempt laws declared unconstitutional
  • Judicial scrutiny of constitutional amendments (e.g., 21st Amendment case on military courts)
  • Judiciary dictating policy and administrative decisions like school fees, hospitals, and utility pricing

These interventions are seen by many as judicial overreach, threatening the autonomy of the legislature.

  1. Arguments Supporting Judicial Activism
  • Upholding Constitution: Judiciary acts as guardian of the Constitution.
  • Check on Executive Excesses: Activism provides accountability for corruption and abuse of power.
  • Weak Parliamentary Performance: Dysfunctional legislatures and political patronage justify judicial intervention.
  • Public Interest: Protects citizens’ fundamental rights when executive/legislative branches fail.
  • Constitutional Silence: Judiciary interprets in grey areas to ensure justice and fairness.

“Justice delayed is justice denied; but justice denied through inaction is judicial cowardice.” — Justice Bhagwati (India)

  1. Arguments Supporting Parliamentary Supremacy
  • Democratic Legitimacy: Parliament reflects the will of the people.
  • Doctrine of Separation of Powers: Judiciary has no mandate to legislate or govern.
  • Judicial Subjectivity: Activism may reflect personal biases of judges.
  • Undermining Executive Authority: Weakens policy implementation and national governance.
  • Political Instability: Judiciary-led disqualifications create institutional mistrust and fuel political polarization.

“The role of judges is to interpret, not to govern.” — Lord Denning

  1. Constitutional Balance and Institutional Integrity

The 1973 Constitution lays down clear boundaries:

  • Judiciary: Interprets law (Article 175–212)
  • Legislature: Makes laws (Article 50–89)
  • Executive: Implements laws (Articles 90–100)

Judicial encroachment into legislative or executive functions disturbs institutional equilibrium, weakening democracy and fostering judicial supremacy at the expense of popular representation.

  1. Comparative Perspective

Country

Judicial Activism?

Parliamentary Supremacy?

UK

No judicial review of parliamentary statutes; parliamentary supremacy

Strong tradition of legislative sovereignty

USA

Strong judicial activism via judicial review (Marbury v. Madison)

Balanced by robust checks and political legitimacy

India

Judicial activism expanded via PIL; Supreme Court interprets and enforces rights

Still respects Parliament’s core supremacy, guided by Basic Structure Doctrine

In Pakistan, the Supreme Court exercises both interpretative and moral authority, sometimes extending into policy formulation—a unique fusion not seen in many democracies.

  1. Impacts of Judicial Activism on Democracy

Positive:

  • Encourages executive accountability
  • Protects human rights and environment
  • Checks corruption and inefficiency
  • Enhances public trust in judiciary

Negative:

  • Weakens Parliament’s credibility
  • Politicizes judiciary
  • Creates institutional friction
  • Slows down democratic evolution
  • Risk of judicial populism
  1. Recommendations for Harmonizing Institutions
  1. Judicial Reforms: Define clearer boundaries for judicial activism vs. judicial overreach.
  2. Parliamentary Capacity Building: Improve legislative quality, debate, and lawmaking.
  3. Revive Parliamentary Committees: Enhance executive accountability through democratic tools.
  4. Restrict Suo Moto Powers: Amend Article 184(3) to limit arbitrary actions.
  5. Promote Inter-Institutional Dialogue: Periodic consultation among the judiciary, executive, and legislature.
  6. Ensure Constitutional Literacy: Train parliamentarians and judges in constitutionalism and governance ethics.
  1. Conclusion

The judiciary plays a critical role in preserving constitutional order and fundamental rights, especially in fragile democracies like Pakistan. However, unchecked judicial activism, particularly at the expense of parliamentary sovereignty, can distort the delicate balance of power and democratic representation. A vibrant democracy requires strong institutions functioning within their constitutional domains. To ensure stability and progress, Pakistan must restore institutional harmony by reinvigorating parliamentary processes and ensuring judicial restraint where necessary.

“A nation can flourish only when its institutions function within their defined limits, in harmony, and with mutual respect.” — Quaid-e-Azam Muhammad Ali Jinnah

Visual Aid: Balance of Power Among Institutions

Institution

Primary Role

Examples of Overreach

Recommendation

Legislature (Parliament)

Lawmaking & Representation

Ineffective debate, poor oversight

Reforms & capacity building

Judiciary

Constitutional interpretation

Suo moto excess, policy intrusion

Limit judicial domain

Executive

Policy implementation

Bureaucratic inertia, misuse of power

Ensure accountability

Q. No. 4: Explain the Concept of Nationality and Distinguish Between Nationality and Citizenship.

Outline

  1. Introduction
  2. Definition of Nationality
  3. Legal Basis and Acquisition of Nationality
  4. Definition of Citizenship
  5. Differences Between Nationality and Citizenship
  6. Types of Nationality and Citizenship
  7. Relationship Between the Two Concepts
  8. Significance in Modern International Law
  9. Case Studies: Dual Nationality and Statelessness
  10. Conclusion
  1. Introduction

The concepts of nationality and citizenship are central to political science and international law, often used interchangeably in common discourse. However, these terms differ significantly in meaning, scope, and legal implications. Nationality defines a person’s legal membership of a nation-state, while citizenship involves active political rights and duties within that state. Understanding the distinction is crucial in today’s world of global migration, dual nationality, and evolving legal identities.

  1. Definition of Nationality

Nationality refers to the legal bond between an individual and a nation-state. It is a status that signifies belonging to a particular nation and is recognized under international law.

According to Article 15 of the Universal Declaration of Human Rights (1948):
“Everyone has the right to a nationality.”

Nationality is generally:

  • Acquired by birth (jus soli or jus sanguinis)
  • Granted by the state (through naturalization, marriage, or application)
  • Protected under international law
  1. Legal Basis and Acquisition of Nationality

Nationality is governed by municipal (domestic) laws, and there is no universal law to determine how it is acquired. The main modes of acquiring nationality include:

  • Jus Soli (“right of the soil”): nationality by place of birth
  • Jus Sanguinis (“right of blood”): nationality by descent
  • Naturalization: by fulfilling legal conditions (residence, language, loyalty)
  • Marriage: automatic or facilitated acquisition
  • State Succession: when territories are transferred or divided
  1. Definition of Citizenship

Citizenship is the political status granted to nationals that enables them to enjoy civil and political rights and participate in governance. It is the practical application of nationality within a political system.

“Citizenship is the individual’s legal membership of a sovereign state, providing rights and obligations.” — T.H. Marshall

Citizenship includes:

  • Right to vote and contest elections
  • Access to public services and protection
  • Obligation to pay taxes and serve the state (e.g., military, jury)
  1. Differences Between Nationality and Citizenship

Aspect

Nationality

Citizenship

Definition

Legal bond with a state

Political and civil status in a state

Nature

Permanent and inherited

Can be revoked or acquired

Legal Basis

Internationally recognized

Domestic legal system

Rights

Passive rights (e.g., protection abroad)

Active rights (e.g., voting, holding office)

Example

A child born to Pakistani parents is a national

A Pakistani national becomes a citizen when registered under domestic laws

Revocation

Rare, due to international restrictions

Can be stripped under laws (e.g., treason)

  1. Types of Nationality and Citizenship

Types of Nationality

  • Single Nationality: Belonging to one state only
  • Dual/Multiple Nationality: Belonging to more than one state simultaneously
  • Statelessness: Not legally recognized by any country as a national

Types of Citizenship

  • Birthright Citizenship (based on nationality at birth)
  • Naturalized Citizenship (through legal process)
  • Honorary Citizenship (conferred for service or achievement)
  • Corporate Citizenship (not legal, but social concept for corporations)
  1. Relationship Between the Two Concepts
  • Nationality is a prerequisite for citizenship. One cannot be a citizen of a state without being its national.
  • However, a national may not be a full citizen. For example, residents of Puerto Rico are U.S. nationals but cannot vote in U.S. presidential elections.
  • Citizenship implies active political engagement, while nationality implies legal identity.
  1. Significance in Modern International Law
  • Nationality plays a key role in diplomatic protection, immigration rights, and extradition treaties.
  • Citizenship defines political representation, social contract, and nation-state legitimacy.
  • Issues of statelessness, refugees, and dual nationality make the legal clarity between both terms essential.
  1. Case Studies
  2. Dual Nationality in Pakistan
  • Pakistan allows dual nationality with selected countries (e.g., UK, USA, Canada).
  • However, dual nationals cannot contest elections or hold high constitutional offices under Article 63(1)(c) of the Constitution.
  1. Statelessness
  • Over 10 million people globally are stateless (UNHCR, 2023).
  • They are nationals of no country, and hence denied basic human rights and citizenship protections.
  1. Conclusion

Nationality and citizenship are interlinked yet distinct concepts that define the legal and political identity of individuals. While nationality is the foundation of one’s allegiance to a state, citizenship confers upon the individual rights, responsibilities, and participation in public life. In the modern era of globalization, migration, and legal pluralism, understanding this distinction becomes increasingly important. For policy-making, constitutional interpretation, and international diplomacy, the clear delineation between nationality and citizenship is vital to ensure equity, sovereignty, and justice.

Q. No. 5: Globalization Restricts the Autonomy of the State, Generates Domestic Social Conflicts, and Inequalities. Discuss the Interactions Between Globalization and Domestic Politics

Outline

  1. Introduction
  2. Understanding Globalization
  3. Theoretical Framework: Globalization and the Nation-State
  4. How Globalization Restricts State Autonomy
  5. Globalization and Domestic Political Conflicts
  6. Impact of Globalization on Socio-Economic Inequality
  7. Domestic Political Responses to Globalization
  8. Case Studies: Globalization’s Impact on Domestic Politics
  9. Criticisms of Anti-Globalization Perspective
  10. Recommendations for Reclaiming National Autonomy
  11. Conclusion
  1. Introduction

Globalization is one of the most transformative forces of the modern world. Defined by the free flow of goods, capital, people, and ideas across borders, it has brought unprecedented connectivity. Yet, this same process has also been accused of undermining state sovereignty, deepening social cleavages, and widening inequality. The interaction between globalization and domestic politics reveals a dynamic tension—as states try to adapt to external pressures while managing internal political, social, and economic demands.

  1. Understanding Globalization

Globalization refers to the process of interconnectedness among states, societies, and economies driven by technology, trade liberalization, transnational institutions, and neoliberal ideology.

“Globalization is the inexorable integration of markets, nation-states, and technologies to a degree never witnessed before.” – Thomas L. Friedman

Key drivers:

  • Economic liberalization (WTO, IMF, World Bank)
  • Technological advances (internet, transport)
  • Cultural exchange (media, migration)
  • Political ideologies (neo-liberalism, democracy promotion)
  1. Theoretical Framework: Globalization and the Nation-State

Realist Perspective

  • States remain dominant actors; globalization is state-driven
  • Emphasis on state sovereignty and national interest

Liberal Perspective

  • Globalization is positive-sum; interdependence promotes peace and prosperity

Marxist/Dependency Theory

  • Globalization is neo-imperialism; benefits capitalist core, exploits periphery

Constructivist View

  • Globalization reshapes identities, norms, and political narratives
  1. How Globalization Restricts State Autonomy

Aspect

Mechanism of Restriction

Examples

Economic

Structural Adjustment Programs (SAPs), WTO trade rules

IMF-imposed austerity in Pakistan, Greece

Political

Influence of international organizations and treaties

FATF compliance over domestic legislation

Legal

International human rights treaties limit domestic lawmaking

ICJ rulings, UN conventions

Technological

Cybersecurity breaches, foreign media influence

Data sovereignty issues

Cultural

Erosion of indigenous values due to Western media

Fast-food chains, Hollywood globalization

Thus, states can no longer fully control their economies, borders, or cultures without considering international implications.

  1. Globalization and Domestic Political Conflicts

Globalization has often intensified domestic political disputes, especially where the benefits are unevenly distributed:

  • Urban vs. Rural Divide: Urban elites benefit from global trade; rural populations feel left behind
  • Rise of Populism: In response to immigration, job losses, or cultural shifts (e.g., Brexit, Trumpism)
  • Cultural Backlash: Resurgence of religious, ethnic, or nationalist movements
  • Labor Unrest: Global outsourcing leads to job insecurity and wage suppression

“Globalization has winners and losers, and the losers are becoming politically vocal.” – Dani Rodrik

  1. Impact of Globalization on Socio-Economic Inequality

Globalization has amplified inequality within and between nations:

  • Increased wealth concentration: Top 1% of the global population owns over 45% of global wealth (Credit Suisse, 2023)
  • Race to the bottom: Countries reduce labor/environmental protections to attract investors
  • Job polarization: High-skill and low-wage jobs increase, middle-class shrinks
  • Educational divides: Access to global markets favors educated, urban populations

In Pakistan, globalization has benefitted certain sectors (IT, textile exports) while marginalizing others (local artisans, agriculture).

  1. Domestic Political Responses to Globalization

Countries have responded in varied ways to the tensions globalization creates:

Response Type

Examples

Populism & Protectionism

Trump’s America First, Modi’s “Atmanirbhar Bharat”

Regulatory Reforms

GDPR in the EU, digital sovereignty laws in China

Nationalism & Identity Politics

Rise of far-right parties in Europe

Civil Society Resistance

Anti-WTO protests, environmental activism

Policy Balancing

Hybrid models like China’s state capitalism, Malaysia’s social market policies

  1. Case Studies: Globalization’s Impact on Domestic Politics
  2. Pakistan
  • IMF programs have triggered mass protests due to austerity
  • WTO and GATT pushed trade liberalization, affecting local industries
  • FATF compliance influenced Pakistan’s anti-terrorism legislation and banking laws
  1. United States
  • Globalization led to deindustrialization in the Rust Belt, fueling support for Trump’s anti-globalization rhetoric
  1. European Union
  • Open borders led to migrant crises, fueling nationalism and weakening EU solidarity (Brexit being the most prominent result)
  1. Criticisms of Anti-Globalization Perspective

While globalization does challenge national autonomy, critics argue:

  • State remains powerful in security, taxation, education, and core sovereignty
  • Global governance is essential to solve transnational issues (climate, terrorism, pandemics)
  • Inequality is not inevitable; it depends on domestic redistribution and policy frameworks
  • Isolationism leads to stagnation; integration fosters innovation and growth

“Blaming globalization for domestic failures is often an easy excuse for poor governance.” – Joseph Stiglitz

  1. Recommendations for Reclaiming National Autonomy
  1. Strategic Global Integration: Engage globally while protecting domestic priorities (e.g., South Korea’s development model)
  2. Redistributive Policies: Tax reforms and social protection to counter inequality
  3. Strengthen Local Economies: Support SMEs and indigenous industries
  4. Cultural Safeguarding: Promote local media and education to preserve identity
  5. Digital Sovereignty: Develop national cyber laws and data centers
  6. Transparent Governance: Ensure that trade deals and IMF loans are subject to parliamentary oversight
  1. Conclusion

Globalization is a double-edged sword—offering opportunities for progress while also posing profound challenges to state autonomy and domestic political harmony. While states can no longer operate in isolation, they must develop resilient political structures, redistributive mechanisms, and strategic engagement policies to manage the complex interactions between global pressures and national interests. The future of domestic politics lies not in resisting globalization but in reshaping it to serve inclusive and sovereign development.

“The real task is not to stop globalization but to tame it.” — Kofi Annan

Q. No. 6: How Far Will the 18th Amendment Transform the Existing Federal System in Pakistan?

Outline

  1. Introduction
  2. Historical Evolution of Federalism in Pakistan
  3. Overview of the 18th Constitutional Amendment
  4. Key Provisions of the 18th Amendment Related to Federalism
  5. Transformation of the Federal System:
    • Legislative Autonomy
    • Fiscal Federalism
    • Role of the Council of Common Interests (CCI)
    • Provincial Empowerment
  6. Challenges in Implementation
  7. Criticism and Political Resistance
  8. Comparative Perspective: India, USA
  9. Impact on National Integration and Governance
  10. Recommendations for Strengthening Federalism
  11. Conclusion
  1. Introduction

Federalism in Pakistan has historically suffered from central dominance, constitutional ambiguities, and provincial alienation—particularly in smaller provinces like Balochistan and Khyber Pakhtunkhwa. The 18th Constitutional Amendment (2010) is considered a watershed moment that aims to decentralize power, enhance provincial autonomy, and restore the spirit of cooperative federalism. The question remains—to what extent has this amendment transformed Pakistan’s federal structure in practice?

  1. Historical Evolution of Federalism in Pakistan

Constitution

Federal Structure

1956

Quasi-federal with limited provincial autonomy

1962

Strongly centralized presidential system

1973

Parliamentary and federal in nature, but not implemented in true spirit

Pre-18th Amendment

Centralized control through Concurrent List, NFC delays, and military rule

  1. Overview of the 18th Constitutional Amendment (2010)

The 18th Amendment to the Constitution of Pakistan was passed unanimously by Parliament in April 2010. It repealed the 17th Amendment, restored the 1973 Constitution, and included 102 changes to 280 articles.

“The 18th Amendment is a step toward real federalism and provincial empowerment.” – Raza Rabbani, Architect of the Amendment

  1. Key Provisions Related to Federalism

Key Area

Reforms Introduced

Abolition of Concurrent Legislative List

Subjects like education, health, environment, and culture transferred to provinces

Council of Common Interests (CCI)

Made a permanent body under Article 153; to meet at least once every 90 days

Fiscal Decentralization

Strengthened NFC Award; provinces receive 57.5% of divisible pool

Administrative Autonomy

Provinces gained control over natural resources, police, and regulatory institutions

Renaming of NWFP

Renamed as Khyber Pakhtunkhwa, addressing ethnic and identity concerns

  1. Transformation of the Federal System
  2. Legislative Autonomy
  • Provinces can now legislate independently in 47 previously shared subjects.
  • Greater control over education, health, labor, and women’s rights.
  1. Fiscal Federalism
  • Provinces gained enhanced fiscal autonomy under the 7th NFC Award (2009).
  • Increased share from 46% to 57.5% of federal divisible pool.
  1. Strengthening CCI
  • The CCI was reactivated as a central forum for resolving federal-provincial disputes.
  • Equal representation for provinces ensured cooperative decision-making.
  1. Provincial Empowerment
  • Provincial public service commissions, higher education commissions, and regulatory authorities were established.
  • Provincial control over mineral and natural resources (Article 172).

Result: Shift from centralized governance to participatory federalism.

  1. Challenges in Implementation

Issue

Explanation

Capacity Deficit

Provinces lack institutional infrastructure and expertise

CCI’s Weak Operationalization

Irregular meetings and limited enforcement

Federal Encroachments

Creation of parallel federal bodies (e.g., Higher Education Commission)

Political Resistance

Some political actors favor rollback due to fear of fragmentation

Lack of Provincial Laws

Provinces slow to legislate in devolved subjects

  1. Criticism and Political Resistance
  • Centralist Narratives: Critics argue that devolution weakens national integration and creates inconsistent policy frameworks.
  • Education and Health Standards: Unequal implementation across provinces has raised concerns.
  • Security and Counterterrorism: National coordination weakened after devolving police and law enforcement.
  • Political Opportunism: Parties favor devolution when in provinces, but seek centralization when in federal government.
  1. Comparative Perspective: Federalism in India and USA

Country

Federal Features

Lessons for Pakistan

India

Strong central control; “quasi-federal” model

Cooperative federalism with performance-linked funding

USA

State autonomy in law and taxation

Federal agencies regulate standards while states execute policies

Pakistan’s post-18th Amendment model seeks a middle path—autonomy with coordination.

  1. Impact on National Integration and Governance

Positive Impacts:

  • Reduced Provincial Alienation (e.g., KP, Balochistan)
  • Responsive Local Governance
  • Increased Provincial Ownership of Development

Negative Impacts:

  • Disparities in Service Delivery
  • Overlapping Jurisdictions
  • Ethnic Politics Reinforced in some regions
  1. Recommendations for Strengthening Federalism
  1. Institutional Capacity Building in provincial bureaucracies
  2. Operationalization of CCI with binding decisions and transparent agendas
  3. Clear Federal-Provincial Coordination Mechanism
  4. Harmonized Policies through interprovincial councils
  5. Revise NFC Formula to include backwardness and performance indicators
  6. Avoid Central Parallel Institutions in devolved sectors
  1. Conclusion

The 18th Amendment marks a significant shift toward genuine federalism in Pakistan. It has rebalanced power, enhanced provincial autonomy, and institutionalized intergovernmental dialogue. However, its success depends on political will, administrative capacity, and cooperative federalism. While challenges remain, the Amendment lays the foundation for a stronger, more inclusive, and democratic Pakistan—where the unity of the federation is strengthened through the empowerment of its federating units.

“Federalism is not about weakening the center but about strengthening the federation.” – Constitutional Scholar, Dr. Ijaz Shafi Gilani

Q. No. 7: Fascism Generally Flourishes in Countries with Strong Nationalism and Weak Democracies. Discuss the Enabling Conditions for Fascism with Reference to Germany and Italy

Outline

  1. Introduction
  2. Defining Fascism: Core Features
  3. Theoretical Basis: Fascism and Political Conditions
  4. Enabling Conditions for Fascism in General
  5. Case Study I: Rise of Fascism in Italy under Benito Mussolini
  6. Case Study II: Rise of Fascism in Germany under Adolf Hitler
  7. Role of Nationalism and Weak Democracy in Both Cases
  8. Comparative Analysis: Italy vs. Germany
  9. Lessons and Warnings for the Modern World
  10. Conclusion
  1. Introduction

Fascism is a far-right, authoritarian political ideology that promotes ultranationalism, dictatorial leadership, suppression of dissent, and militarization of society. It thrives in environments marked by political instability, economic crisis, weak democratic institutions, and manipulated nationalism. The two most infamous examples—Mussolini’s Italy and Hitler’s Germany—demonstrate how fertile such conditions can be for the emergence of fascism.

“Fascism is the child of fear, nationalism, and the failure of democracy.” — Historian Stanley Payne

  1. Defining Fascism: Core Features

Fascism is characterized by:

  • Extreme nationalism and racism
  • Authoritarian leadership (cult of personality)
  • Anti-democratic and anti-liberal ideologies
  • Militarism and glorification of violence
  • Suppression of opposition and media
  • Corporate state model (controlled capitalism)
  1. Theoretical Basis: Fascism and Political Conditions
  2. Political Theory
  • According to Juan Linz, fascism arises in regimes vulnerable to authoritarian breakdown, particularly when liberal democratic traditions are weak.
  • Hannah Arendt argued that mass discontent, alienation, and breakdown of norms create a vacuum filled by totalitarianism.
  1. Socio-political Vacuum Theory
  • Fascism often emerges in times of crisis, when existing political systems fail to respond effectively to public needs.
  1. Enabling Conditions for Fascism in General

Condition

Explanation

Economic Crisis

Unemployment, inflation, and poverty make masses receptive to authoritarian solutions

Weak Democratic Institutions

Absence of rule of law, weak parliaments, and lack of political traditions

Hyper-nationalism

Propaganda about national superiority and revanchism

Fear of Communism

Fascists often gain support by opposing leftist movements

Charismatic Leadership

Personal appeal of leaders like Mussolini and Hitler

Manipulation of Media and Propaganda

Control of public opinion through censorship and mass rallies

  1. Case Study I: Rise of Fascism in Italy under Benito Mussolini

Historical Context

  • Post-WWI Italy faced economic chaos, high unemployment, and territorial dissatisfaction (e.g., Treaty of Versailles).
  • The parliamentary system was weak, and coalition governments were dysfunctional.

Rise of Mussolini

  • Founded Fasci di Combattimento in 1919; became National Fascist Party in 1921.
  • Capitalized on fear of socialism, labor strikes, and national humiliation.
  • March on Rome (1922): King Victor Emmanuel III appointed Mussolini as Prime Minister.

Policies and Governance

  • Suppressed opposition, banned other parties, and established dictatorship.
  • Glorified the Roman Empire, emphasized nationalist propaganda, and militarized education and society.
  • Formed corporate state where industries were controlled but not nationalized.
  1. Case Study II: Rise of Fascism in Germany under Adolf Hitler

Historical Context

  • Germany’s defeat in WWI and the harsh Treaty of Versailles created widespread resentment.
  • Weimar Republic (1919–1933) was seen as weak, corrupt, and responsible for economic woes.
  • Hyperinflation, Great Depression, and unemployment devastated the economy.

Rise of Hitler

  • Joined German Workers’ Party, later renamed National Socialist German Workers’ Party (Nazi Party).
  • Gained popularity with nationalist rhetoric, anti-Semitism, and anti-communist stance.
  • Appointed Chancellor in 1933; quickly passed Enabling Act to assume dictatorial powers.

Policies and Governance

  • Centralized control, banned opposition, enforced racial purity laws, and launched massive propaganda campaigns.
  • Pursued military expansion, leading to WWII.
  • Used Gestapo and SS to maintain totalitarian control.
  1. Role of Nationalism and Weak Democracy in Both Cases

Nationalism as a Tool

  • In Italy: Promoted revival of Roman glory, territorial expansion in Africa.
  • In Germany: Promoted Aryan supremacy, revenge for Versailles, and Lebensraum (living space).

Weak Democracies

  • Italy’s liberal democracy failed to deliver post-war stability; Mussolini exploited divisions.
  • Weimar Germany’s democracy was delegitimized by war guilt, economic crises, and political violence.

Both leaders used legal means initially, gaining power through elections or appointments, but dismantled democracy once in office.

  1. Comparative Analysis: Germany vs. Italy

Aspect

Italy (Mussolini)

Germany (Hitler)

Origin of Discontent

Post-war instability, socialist threat

Treaty of Versailles, Great Depression

Ideology

Nationalism, corporatism

Nationalism, racism, anti-Semitism

Method of Power

March on Rome; royal appointment

Electoral success; Enabling Act

Militarism

Moderate

Extreme; preparation for global war

Outcome

Colonial ambitions; eventual fall in WWII

Holocaust, WWII aggression, total destruction

  1. Lessons and Warnings for the Modern World
  • Democratic fragility in times of crisis can lead to authoritarian backsliding.
  • Unchecked nationalism can transform legitimate pride into xenophobia.
  • Populist leaders often exploit economic and social anxieties to dismantle liberal norms.
  • Media control and disinformation are key instruments in the fascist playbook.

Modern examples of creeping authoritarianism (Hungary, Turkey, etc.) highlight the need for vigilant democratic institutions.

  1. Conclusion

Fascism does not emerge in a vacuum; it is nurtured in conditions of fear, humiliation, and weak democracy, fertilized by hyper-nationalism and political opportunism. Both Mussolini’s Italy and Hitler’s Germany exemplify how quickly democratic systems can be hijacked when institutions fail and public confidence erodes. The lessons of fascism’s rise remain profoundly relevant today. A robust, inclusive democracy with empowered institutions, civic education, and responsible leadership is essential to prevent the recurrence of such dangerous ideologies.

“The price of liberty is eternal vigilance.” – Thomas Jefferson

Q. No. 8: How Far is it True to Say that the Origin of the State Lies in Force? Discuss Critically the Theory of Force Regarding the Origin of the State.

Outline

  1. Introduction
  2. Definition of the State
  3. Overview of Theories of Origin of the State
  4. Force Theory: Core Assumptions and Historical Background
  5. Philosophical Supporters of Force Theory
  6. Critical Analysis of the Force Theory
  7. Arguments in Favor of the Force Theory
  8. Arguments Against the Force Theory
  9. Comparative View: Other Theories vs. Force Theory
  10. Conclusion
  1. Introduction

The origin of the state has long fascinated political theorists, historians, and philosophers. Among the multiple explanations, the Theory of Force holds that the state originates from conquest, coercion, and violence, rather than mutual agreement or natural development. It posits that might precedes right, and political authority was first established by those who used physical power to subjugate others. The theory raises an important debate: Is force the foundation of the state, or merely one of its tools?

  1. Definition of the State

A state is a political organization with:

  • Defined territory
  • Permanent population
  • Government
  • Sovereignty (internal and external)
  • Legal recognition (modern aspect)

“The state is a human community that claims the monopoly of the legitimate use of physical force within a given territory.” – Max Weber

  1. Overview of Theories of Origin of the State

Theory

Main Idea

Divine Theory

State is created by God

Social Contract Theory

State formed through mutual agreement

Historical/Evolutionary Theory

State evolved from family and kinship

Force Theory

State originates through coercion and conquest

  1. Force Theory: Core Assumptions and Historical Background

The Force Theory contends that the state is born when a powerful individual or group subdues others and establishes control through military dominance. This control gradually institutionalizes into governance.

Key Assumptions

  • War, conquest, and subjugation are primary causes of state formation.
  • Political authority is a product of coercive power.
  • Obedience is demanded, not negotiated.

Historical Roots

  • Ancient empires like Egypt, Assyria, Babylon, and the Mongol Empire are cited as examples.
  • Tribal chiefs or warlords evolved into kings and emperors by force.
  1. Philosophical Supporters of the Force Theory

Thinker

Viewpoint

Treitschke (Germany)

“War is the father of all things. The state is power. It is not founded on the consent of men but on conquest.”

Jenks

Emphasized war and force as causes of social cohesion

Gumplowicz

Saw war between groups as the basis of political organization

Nietzsche

Glorified power and dominance as foundations of moral and political order

  1. Critical Analysis of the Force Theory

The Force Theory offers valuable insights into early state formation, particularly in societies where power was acquired through conquest and tribal wars. However, it fails to explain how states develop legitimacy, laws, institutions, and consent, which are essential to modern governance.

Critique: “Force may create a state, but cannot sustain it without justice and law.” – Harold Laski

  1. Arguments in Favor of the Force Theory
  1. Historical Evidence
    • Ancient states were often formed through military conquest (e.g., Roman Empire, Islamic Caliphate expansion, British colonization).
  2. Initial Authority Was Coercive
    • Primitive societies had strongmen who enforced rule by brute strength.
  3. Realist Political Thinking
    • In line with Machiavellian and Realist thought—states are built on power, not ideals.
  4. State Monopoly on Force (Weberian Idea)
    • State continues to wield coercive force through police, army, courts.
  1. Arguments Against the Force Theory
  1. Ignores Consent and Legitimacy
    • Political obedience requires legitimacy, not just coercion. Even authoritarian regimes seek justification.
  2. Fails to Explain Peaceful State Formation
    • Many modern states emerged through negotiation, diplomacy, or evolution (e.g., Canada, Scandinavian states).
  3. Contradicts Democratic Ideals
    • Modern states are based on rule of law, social contracts, and popular will—not brute force.
  4. One-Dimensional
    • Reduces complex social, cultural, economic, and religious factors to mere violence.
  5. Short-Term Applicability
    • While force may start a political order, its sustainability depends on justice, law, and institutions.
  1. Comparative View: Other Theories vs. Force Theory

Theory

Nature of Origin

Focus

Sustainability

Force Theory

Violent conquest

Power and coercion

Weak over time

Social Contract

Mutual agreement

Consent and legitimacy

High

Divine Theory

Religious authority

Obedience to divine right

Declining relevance

Evolutionary Theory

Gradual development

Kinship and social bonds

Natural and stable

Hence, force may explain the birth of some states, but consent and cooperation explain their life.

  1. Conclusion

While the Theory of Force offers an important lens into the early phases of state formation, especially in antiquity and colonial history, it presents a partial and reductionist view. Modern states—especially liberal democracies—are not sustained by force but by laws, institutions, public trust, and civic participation. Force may be a tool, but not the foundation of a legitimate political order. Thus, it is only partly true to say that the origin of the state lies in force.

“A sword may found a state; it cannot govern one.” — Montesquieu

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