An Investigation of India's and Pakistan's Legal Systems through the Lens of Rule of Law

Abstract

The rule of law furthers the goals of nationhood and peace throughout developmental processes. It's the bedrock of a free society, and democratic values are nothing more than a buzzword if the courts aren't entirely independent and the legislature and president don't treat them with the respect they deserve. Respect and autonomy thrive when one state institution may rein in the authority of another state institution (a phenomenon known as "horizontal accountability"). The principle of separation of powers among governmental authorities is essential to the rule of law. This paper will compare the rule of law in India and Pakistan, with a particular emphasis on the role of the judiciary in each country's legal system. It will also investigate the facts surrounding the question of whether or not governmental powers are constrained when it comes to protecting citizens' basic liberties. At the same time, the effects of a purely hypothetical version of the rule of law on its observance will be examined. The study will also compare and contrast the two nations' levels of representative government and the ease with which citizens may obtain civil justice.