PAKISTAN STUDIES NOTES-GRADE 11th & 12th

Chapter # 2 – Constitutional Development in Pakistan

2.2.7. Describe the Salient Features of 1962 Constitution.

Background
On February 17, 1960, Ayub Khan commissioned a team to examine the future political structure of the nation. Led by Chief Justice Shahabuddin and consisting of ten other members, their mandate was threefold:

1. Investigate the reasons behind the failure of the 1956 constitution.
2. Identify the factors contributing to the collapse of the parliamentary system of government.
3. Propose the framework for a new constitution.

The commission submitted its report to the president on May 6, 1961. Subsequently, in January 1962, the cabinet approved the draft of the new constitution, which was then officially promulgated on March 1, 1962. The Constitution of 1962 became effective on June 8, 1962.

Salient Features of the Constitution of 1962

Written Constitution

 Like its predecessor, the Constitution of 1962 was a written document. It consisted of five schedules and 250 articles.

Detailed Constitution

It comprised 250 articles, divided into 12 parts and 3 schedules, providing comprehensive governance guidelines.

Inclusion of Objectives Resolution

 The preamble of the 1962 constitution integrated the Objectives Resolution of 1949, which outlined the constitutional objectives for Pakistan. This resolution served as a guiding framework for constitution-making in the country.

Declaration as the Islamic Republic

 Like the 1956 constitution, the Constitution of 1962 reaffirmed Pakistan’s status as an Islamic Republic, emphasizing the country’s Islamic identity and principles.

Presidential Form of Government

The 1962 constitution established a presidential form of government in Pakistan. Under this system, the president held dual roles as the head of the executive and the head of state. The president was elected by an electoral college composed of 80,000 basic democrats for a term of 5 years.

Rigid Constitution

 Amendments required a two-thirds majority in the National Assembly, making it challenging to modify.

Powers of president

The powers vested in the president under the 1962 constitution were extensive:

1. Ordinance Issuance: The president had the authority to issue ordinances that held the force of law, providing a mechanism for executive action in urgent matters.
2. Supremacy of Presidential Orders: Presidential directives were immune from challenge by both the judiciary and the legislature, granting the president considerable autonomy in decision-making.
3. Appointment and Removal: The president possessed the power to appoint and dismiss ministers and provincial governors, shaping the composition of the executive branch.
4. Veto Authority: The president held the authority to veto any legislation passed by the National Assembly, exerting influence over the legislative process.
5. Eligibility Criteria: To be eligible for the presidency, an individual had to be a citizen of Pakistan aged 35 years or older, ensuring a certain level of maturity and commitment to the nation’s governance.

National Language

 Urdu and Bengali were declared national languages.

Provision of Parity of Representation at the Centre:

The Constitution of 1962 mandated equal representation from both East and West Pakistan in the central assembly, known as the National Assembly. This ensured parity by allotting 150 representatives to each unit, totaling 300 members in the assembly.

One-House Parliament

The 1962 Constitution established a unicameral legislature, comprising a single house known as the National Assembly. Each province contributed an equal number of representatives to this assembly. Members of the National Assembly were indirectly elected by 80,000 Basic Democrats for a term of 5 years.

Federation

 Pakistan comprised two units: East Pakistan and West Pakistan.

Provincial Legislature

 Each province was to establish its own legislature, with members indirectly elected by the Basic Democrats of the respective provinces. The executive head of each province would be appointed by the president of the country.

Advisory Council of Islamic Ideology

 The Constitution included provisions for the establishment of an Advisory Council of Islamic Ideology. Appointments to the council, including officials and members, would be made by the president. The council’s role was to recommend and ensure that legislation aligned with Islamic principles.

Provision of Fundamental Rights: Initially, the constitution did not address the fundamental rights of citizens. However, in response to public protests and agitation, these rights were later incorporated into the constitution.

Indirect Elections

 Presidents and legislators were elected indirectly through an Electoral College.

Electoral College

 Basic Democrats elected members, who then chose the president and legislature.

President and Speaker

 Convention dictated that the president and speaker be from different units of Pakistan.

Independent Judiciary

 The Supreme Court served as the ultimate judicial authority, with efforts to minimize executive influence.