PAKISTAN STUDIES NOTES-GRADE 11th & 12th

Chapter # 2 – Constitutional Development in Pakistan

2.2.8. Discuss the Reasons that Led to the Failure of 1962 Constitution.

Pakistan’s second constitution was promulgated in 1962 under the leadership of General Ayub Khan. However, its tenure was short-lived, lasting only seven years. Ayub Khan, who played a central role in shaping the 1962 Constitution, resigned from the presidency in March 1969. Following his resignation, power transitioned to General Yahya Khan. Along with Ayub Khan’s departure, the constitution was suspended, and General Yahya Khan assumed authority as the second Chief Martial Law Administrator.

The failure of the 1962 Constitution of Pakistan can be attributed to several key reasons:

1. Authoritarianism: The constitution concentrated significant power in the hands of the president, leading to authoritarian governance and a lack of checks and balances.
2. Parity of Representation: The constitution ensured equal representation from both East and West Pakistan at the center. However, this parity-based representation was met with rejection and resentment from the people of East Pakistan, who constituted the majority of the country’s population at the time. East Pakistan advocated for representation proportionate to their population, viewing the parity arrangement as undemocratic and leading to political under-representation.
3. Lack of Representation: Despite the provision for equal representation between East and West Pakistan in the National Assembly, disparities in power and resources persisted, leading to feelings of marginalization and discontent among East Pakistani citizens.
4. Suspension of Fundamental Rights: Initially, the constitution did not include provisions for fundamental rights. Even after their incorporation due to public pressure, these rights were frequently violated, eroding trust in the constitutional framework.
5. Limited Judicial Oversight: The absence of robust judicial review mechanisms allowed for unchecked executive actions, undermining the rule of law, and contributing to political instability.
6. Undemocratic Constitution: The constitution implemented a restricted form of democracy within the nation, wherein direct elections by the people were not permitted. Instead, only Basic Democrats could be elected at the local level. These Basic Democrats served as an electoral college for electing the president, members of the National Assembly, and provincial legislatures. During the 1964 presidential elections, Ayub Khan, leveraging his influence, secured his presidency. Furthermore, as president, Ayub Khan wielded considerable power, with the authority to dissolve the National Assembly, issue ordinances, and appoint ministers autonomously. His presidency remained unaccountable to any higher authority.

7. Political Unrest: The centralization of power and lack of genuine political representation led to widespread political discontent and unrest, culminating in protests and demonstrations against the government.
8. One Unit Formula: The contentious One Unit Formula, initially introduced in the 1956 Constitution, was retained in the 1962 Constitution. This formula amalgamated the provinces of West Pakistan – Punjab, Sindh, NWFP, and Balochistan – into a single administrative unit instead of maintaining them as separate entities. This merger was met with resistance and dissatisfaction from the populace and politicians of West Pakistan. Its inclusion in the 1962 constitution only exacerbated the criticisms and discontent among the people.
9. Failure to Address Socio-Economic Disparities: The constitution failed to adequately address socio-economic disparities between different regions of Pakistan, exacerbating tensions and fostering feelings of inequality and injustice.
10. Public Desire for the Parliamentary System: The 1962 Constitution established a presidential form of government, contrary to the preferences of the people of Pakistan and politically aware groups, who advocated for a parliamentary system of government instead.
11. Military Intervention: General Ayub Khan’s resignation and the subsequent assumption of power by General Yahya Khan marked another instance of military intervention in Pakistan’s political affairs, further destabilizing the constitutional order.
12. East-West Disparities: The constitution’s failure to address the grievances of East Pakistan, including issues of language, culture, and economic development, ultimately led to the fracturing of the country and the emergence of Bangladesh in 1971.
13. Student Rise for Democracy: By the late years of 1968, the youth and citizens of Pakistan had grown disillusioned with Ayub Khan’s authoritarian rule, characterized by minimal democratic space and arbitrary decision-making. Challenges to his governance began to emerge, with widespread protests led by students demanding the restoration of democracy and civilian rule across the nation.
14. Resignation of Ayub Khan: Facing increasing protests against his undemocratic rule in both East and West Pakistan, Ayub Khan resorted to using force to suppress the uprisings. However, the agitation persisted, ultimately forcing Ayub Khan to resign and relinquish power. In a significant move, Ayub Khan abrogated the constitution he had established and transferred authority to General Yahya Khan, ushering in a second period of Martial Law in the country.

Conclusion

Pakistan’s second constitution, promulgated in 1962 under the leadership of General Ayub Khan, faced numerous challenges and ultimately failed to provide a stable and inclusive governance framework. The constitution’s short-lived tenure of seven years was marked by authoritarianism, political unrest, and a failure to address socio-economic disparities. Despite attempts to implement a controlled form of democracy, the constitution concentrated power in the hands of the president, leading to discontent and widespread protests, particularly in East Pakistan. Key factors contributing to its failure included the controversial One Unit Formula, the suspension of fundamental rights, and the public’s desire for a parliamentary system of government. Ayub Khan’s resignation in the face of mounting protests and military intervention further underscored the constitutional instability. Ultimately, the shortcomings of the 1962 Constitution paved the way for its suspension and the imposition of Martial Law under General Yahya Khan, marking a tumultuous period in Pakistan’s political history.