Salient Features of the Constitution of 1962

1. Written constitution

A written document of 250 articles in 12 parts, with three schedules in the original text. It defined the structure, powers and responsibilities of the state institutions: the President, the legislature, the judiciary and the provincial governments. It gave rules for administration, the distribution of powers, elections and amendments, intended to organise government after the instability of the preceding years.

2. Preamble

The preamble stated the basic principles of the system. It incorporated the Objectives Resolution of 1949, recognised that sovereignty belongs to Allah Almighty and that the people’s authority is a sacred trust, and referred to democracy, freedom, equality, tolerance and social justice as enunciated by Islam. Muslims were to be enabled to order their lives by Islamic teachings, and minorities’ religious and cultural interests protected. It also recognised fundamental rights and a federal arrangement allowing provincial autonomy within the limits needed for national unity.

3. Presidential system of government

The most important feature. The President was both head of state and chief executive, unlike the 1956 parliamentary system. He exercised wide executive powers, appointed ministers and directed the administration, and the cabinet was responsible to the President rather than collectively to the National Assembly. The system was introduced to provide stability and effective administration, but concentrating authority in the presidency reduced the legislature’s ability to control the government.

4. The President and his powers

The President had to be a Muslim of at least 35 years. His term was five years, and he was elected indirectly through an electoral college based on Basic Democracies.

• Executive powers: exercised federal executive authority and directed the administration.
• Appointment of ministers: appointed and could remove federal ministers, who were responsible to him.
• Appointment of Governors: appointed the provincial Governors.
• Legislative powers: could summon and prorogue the National Assembly, take part in legislation and exercise powers on bills and ordinances.
• Veto: could return legislation for reconsideration under the prescribed procedure.
• Emergency powers in circumstances provided by the Constitution.
• Defence and foreign affairs: led national defence and foreign policy as head of the executive.

The strong presidency was a defining feature of the system.

5. Referendum

The Constitution created the institution of referendum. If the President and the National Assembly conflicted on an important national issue, the President could refer the matter to a referendum among the members of the electoral college.

6. Indirect elections and Basic Democracies

The system of Basic Democracies, introduced in 1959, was the basis of elections. Local representatives (Basic Democrats) were elected by the people and formed the electoral college for electing the President and took part in electing the national and provincial legislatures. It was presented as a way to encourage local participation and political awareness and link national government with local administration, but ordinary citizens did not directly elect the President or legislators. Critics said it restricted direct participation and gave the government considerable influence over elections.

7. Parliament

The federal legislature consisted of the President and the National Assembly, which made laws on federal matters. Unlike in a parliamentary system, the President and ministers were not collectively responsible to the Assembly, and the executive did not depend on its confidence. The President retained wide powers over legislation and administration, so Parliament had less control over the executive than in a parliamentary system.

8. Unicameral legislature

One chamber, the National Assembly, with no Senate. It initially had 156 seats, including reserved seats for women, divided equally between East and West Pakistan (parity). East Pakistan had the larger population, so equal representation remained a source of disagreement. The Assembly had a fixed term, but the President’s strong powers limited its ability to hold the executive accountable.

9. Federal system of government

A federal structure of East and West Pakistan was retained, with powers divided between the centre and the provinces, though the centre held extensive authority and the President appointed the Governors. This concentration limited provincial autonomy and became an important issue, particularly in East Pakistan, where leaders demanded more authority and a fairer distribution of resources.

10. Provincial government

Each province had a Governor appointed by the President, who headed the provincial executive, together with a provincial assembly and a provincial cabinet. The assembly legislated on provincial matters, and the cabinet assisted in administration. The system followed the presidential pattern: the cabinet was responsible to the Governor rather than collectively to the assembly.

11. Powers and functions of the provincial government

• Administration: managed departments and supervised administrative activities.
• Implementation of laws: carried out laws and policies on provincial matters.
• Provincial legislation: assemblies made laws on assigned matters.
• Public services affecting the population.
• Development activities and public welfare programmes.

Provincial autonomy was limited by the strong position of the President and the central government, including the President’s power to appoint Governors, which fed demands for greater autonomy in East Pakistan.

12. Fundamental rights

The original Constitution did not contain a separate, enforceable chapter of fundamental rights, which was criticised. The First Amendment (1963) introduced a chapter covering life and liberty, equality before the law, freedom of speech and expression, assembly and association, movement and religion, subject to constitutional restrictions. This gave constitutional recognition to individual freedoms and limited certain government actions.

13. Islamic provisions

Initially the country was named the Republic of Pakistan, omitting “Islamic”. After criticism, the First Amendment (1963) restored the name Islamic Republic of Pakistan. The Constitution provided for an Advisory Council of Islamic Ideology to advise the government on bringing laws into line with the Quran and Sunnah, though its role was advisory and the government decided how to act on its recommendations.

14. National languages

Urdu and Bengali were recognised as the national languages. Bengali was the mother tongue of the majority in East Pakistan, and Urdu held an important place in national identity. Differences over language, representation and cultural identity still affected relations between the wings.

15. Independent judiciary

A judicial system headed by the Supreme Court, with High Courts in the provinces and subordinate courts. The judiciary interpreted laws, decided disputes and protected rights, but the concentration of authority in the executive raised concerns about the balance of power among state institutions.

16. Principles of policy

Principles to guide the government on promoting an Islamic way of life, national unity, social welfare, protection of minority interests and development of disadvantaged areas, aiming to improve social and economic conditions. Their practical implementation depended on the authorities’ decisions.

17. Amendment procedure

Amendments had to follow the prescribed process and obtain the required legislative approval, allowing change while keeping a formal process. The President’s strong position meant that executive authority still influenced the political and legislative system.