Comparison of the Constitutions of 1956 and 1962
Pakistan Studies E-Notes
Unit 3: Constitution of Pakistan
Subtopic 3.2: Salient Features of 1956, 1962, 1973 Constitutions
SLO 3.2.2: Compare the Constitutions of 1956 and 1962, with reference to the Islamic features, form of government, executive powers, Supreme Judicial Council, list of subjects, and fundamental rights
Introduction
The Constitutions of 1956 and 1962 were Pakistan’s first two constitutions. The 1956 Constitution created a parliamentary Islamic Republic, while the 1962 Constitution, made under Ayub Khan, introduced a strong presidential system.
Comparison
| Point | Constitution of 1956 | Constitution of 1962 |
|---|---|---|
| Islamic features | Country named the Islamic Republic of Pakistan from the start. Objectives Resolution in the preamble. Head of state to be a Muslim. Laws to be brought into line with the Quran and Sunnah. Organisation for Islamic research. | Originally named the Republic of Pakistan; “Islamic” restored by the First Amendment (1963). Objectives Resolution in the preamble. President to be a Muslim. Advisory Council of Islamic Ideology and Islamic Research Institute, advisory only. |
| Form of government | Parliamentary and federal. | Presidential and federal. |
| Executive powers | Prime Minister was head of government; the cabinet was collectively responsible to the National Assembly. The President was head of state with limited powers. | President was both head of state and chief executive, appointing and removing ministers, who were responsible to him, and Governors. Wide emergency and veto powers. |
| Supreme Judicial Council | Not part of the constitutional scheme. Judges could be removed only by the specified procedure for misconduct or incapacity (check your textbook for the details). | Established a Supreme Judicial Council to inquire into the misconduct or incapacity of judges of the Supreme Court and High Courts. |
| List of subjects | Three lists: Federal, Provincial and Concurrent. | Two lists: Central and Provincial (no Concurrent List). |
| Fundamental rights | A chapter of fundamental rights was included from the beginning. | None in the original text, with only non-justiciable Principles of Law-making. A chapter of fundamental rights was added by the First Amendment (1963). |
| Legislature | Unicameral National Assembly: 300 general seats plus 10 for women, with parity between the wings. | Unicameral National Assembly of 156 seats, with parity between the wings. |
| Election of the head of state | Electoral college of the National and provincial assemblies. | Indirectly, through Basic Democrats. |
| Languages | Urdu and Bengali. | Urdu and Bengali. |
| Ended | 7 October 1958 (martial law) | 25 March 1969 (martial law) |
Similarities
- Both were federal, written constitutions with a unicameral legislature and parity between East and West Pakistan.
- Both recognised Urdu and Bengali as national languages and referred to Islam in their preambles.
- Both were abrogated by martial law.
Conclusion
The two constitutions differed mainly in the form of government and the distribution of power: parliamentary government with a limited President in 1956, and a presidential system with strong executive powers in 1962. The Islamic provisions, the lists of subjects and the treatment of fundamental rights also differed, though both used parity and both ended in martial law.
Practice questions
- Compare the Islamic features of the 1956 and 1962 Constitutions.
- Compare the executive powers under the two constitutions.
- What was the Supreme Judicial Council?
- How did the lists of subjects differ?
- When and how were fundamental rights included in the 1962 Constitution?
Please Make A PDF And Send It to My WhatsApp 03033808160
Matric Class 🥺🥺
Bro if you have received so kindly send me as well my WhatsApp number is 03555141148
Altaf Ali
If you have received the notes in PDF form kindly send me
My WhatsApp number
03555699193
this website has been made in outstanding way, it has really been helpful ,in fact it provides proper materials for learning.Really appreciated,awesome!
Thank you for visiting our site. We appreciate your interest and hope you found the information valuable. Please feel free to return anytime for updates and new content
Bro you have received so kindly send me as well on WhatsApp number 923133413953
Bro if you have received the notes in PDF form kindly send me
My WhatsApp number
03555699193
Thank you for visiting our site. We appreciate your interest and hope you found the information valuable. Please feel free to return anytime for updates and new content
If anyone possess this notes in PDF form kindly send me in WhatsApp:03555699193
Thank you for visiting our site. We appreciate your interest and hope you found the information valuable. Please feel free to return anytime for updates and new content
Thank you admin for your endless efforts and valuable information.
Could you or anyone please send me the pdf notes particularly to Pakistan Affairs on my WhatsApp
03392185050
Thank you for visiting our site. We appreciate your interest and hope you found the information valuable. Please feel free to return anytime for updates and new content
kindly share pdf of these notes on 03482826769
where is the relationship with usa slo 10.2.1
Make a pdf and send me on WhatsApp
03404194006