Both India and Pakistan’s constitutional setups are an imported commodity, their bits and pieces are copied from French, British and US Constitutions, all the three constitutions are product of evolution, and very much compatible with existing culture of these countries, Pakistan and India both are former colonies of Great Britain, for two hundred years British rulers have ruled united India, British rulers have inculcated democratic traditions in Imperial set up of united India, prior to British rule united India was ruled by Mughal dynasty, during ancient times India was ruled by Hindu Rajas, small Hindu Kingdoms were always at logger heads with each other, so the culture which prevails in subcontinent consist upon India and Pakistan, is for centuries evolved under kingship and absolute rule of monarchs, British rulers had developed communication links, have also developed educational institutions and a modern army in subcontinent, but imprints of absolute rule of Hindu Rajas and Muslim monarchs of various dynasties are so deep upon culture of the subcontinent that inculcation of true spirit of Republicanism, seems a distant possibility, protection to private property, life and liberties of the citizens are values almost unknown to rulers and ruled in subcontinent, its worst example is Indian held Kashmir where human rights abuses are so common that a civilized being can feel sick after coming across the victims, women in Indian held Kashmir are raped, their body parts are mutilated a genocide of Kashmiri Muslims is still under way, and Indian Army is doing it to turn Muslim majority into minority, to minimize its chances of annexation with Pakistan in case UN has ever became able to implement its resolutions on Kashmir, referendum in NWFP was held while deciding its fate regarding its inclusion in Pakistan, which was Muslim majority area, but Kashmiris are till today denied of their right of self determination accepted by UN General Assembly, even a federal constitution of India is unable to provide protection of life to the people of Indian held Kashmir, such is the force of imperial culture prevailing in the largest democracy of the world India.
Today in a statement Chief Justice of Pakistan Mr. Iftikhar Chaudhary has demanded some sort of balance between executive, Judicial and legislative organs of the government in Pakistan, interestingly Judiciary is completely separated from legislative in case of impeachment proceedings of chief justice and other judges of supreme court. President of Pakistan can be impeached by legislature, but judges can be only impeached through supreme judicial council, and members of supreme judicial council are all the members of Judiciary, unlike USA where both president and judges of supreme court are accountable before senate in case of impeachment proceedings held against them, Pakistan’s judiciary is only accountable before its own fellow colleagues in judiciary.
It’s a greatness of Chief Justice Chaudhary that after getting his position back he is willing to take up much needed amendments and additions into constitution of Pakistan to create balance among three organs of government, it is also a greatness of President General Parvez Musharaf who never complained about the state of affairs concerning double standards of impeachment process, he can also demand that amendment shall be made into constitution that president of Pakistan shall be impeached only by executive organ of the government, why shall he is subjected to legislative organ of the government for impeachment proceedings, even prime minister can demand the same that he too shares executive powers with president, he shall also be impeached by executive organ of the government, just like supreme judicial council, an executive tribunal can also take up any future proceedings against them, in case both Mr. cleans become some how involved in any sort of excesses. As for the people of Pakistan and their elected, exiled and self exiled leadership is concerned, they are least interested or aware of any sort of constitutionalism or checks and balances, all of them are concerned with something which is best known to them because they never take up these issues seriously whether they are in power or out of power.